ISLAMABAD: The Election Commission of Pakistan (ECP) Wednesday submitted the record before the Islamabad High Court (IHC) regarding alleged concealment of the US nationality by Federal Minister for Water Resources Faisal Vawda at the time of filing of nomination papers to contest general election 2018.
A single bench of Justice Aamer Farooq heard the petition filed by a lawyer, Mian Faisal Advocate, wherein he cited the federal minister, the ECP, and others as respondents. During the hearing, the ECP submitted the record of the nomination papers provided by Vawda for the 2018 General Election.
The ECP’s lawyer told the court that Vawda had even submitted an affidavit saying that he did not hold dual citizenship. Justice Aamer remarked that the federal minister should stop playing hide-and-seek with the court. He made it clear that if the minister’s lawyers did not present his version then the court would decide the matter as per law.
According to the ECP report, the last date to file nomination papers for the elections held in July 2018 was June 8th, and later extended for another three days. Taking his documents and evidence, Vawda submitted election papers on the last date June 11, 2018, along with an affidavit, wherein, he declared himself holding no citizenship other than that of Pakistan.
It added that the returning officer (RO) of NA-249 Karachi approved Vawda’s nomination papers on June 18, 2018. It was only after this approval that Vawda applied for renunciation of his US nationality in US Consulate Karachi. Later, the court deferred hearing in this matter till November 12 for further proceedings. In his petition, Faisal stated that Vawda contested the elections from NA-249 (West-II) Karachi in July 2018 on a ticket of the Pakistan Tehreek-e-Insaf (PTI).
However, he was a dual national at the time of filing of his nomination papers, concealing his American nationality by falsely declaring on oath before the ECP that “he did not have any foreign nationality.”
The petition, while mentioning documents of Vawda rescinding US nationality, pointed out that the minister was a US citizen at the time of submitting his nomination papers on June 11, 2018, and even during the scrutiny of his nomination papers, while the returning officer of his electoral constituency approved his papers on June 18.
The petition maintained, “It was only after this approval that respondent No 1 [Vawda] applied for renunciation of his US nationality at the US Consulate, Karachi, on June 22.”
It added that the US Consulate issued the renunciation certificate to Vawda on June 25.
Moreover, the petition stated that Vawda had on June 11, 2018 also submitted an affidavit claiming that he was not a dual national, whereas, till that time, his foreign nationality was intact.
It mentioned, “It is held in the judgment [of Supreme Court] that if anybody files a false affidavit, it will be considered he is filing the affidavit before the Supreme Court of Pakistan.”
It continued that the Supreme Court has in one of its judgments categorically directed that candidates, who previously held dual nationalities, should have renunciation certificates at the time of filing of nomination papers.
The petitioner maintained that Vawda “contested the election of National Assembly, while submitting false declaration and hiding his dual nationality,” which made him “liable to be disqualified under the Constitution and law of the land.”
Copyright Business Recorder, 2020
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