Disqualification as MPA: maintainability of petition against Faryal questioned in SHC

17 Nov, 2018

Faryal Talpur, central leader of Pakistan Peoples Party (PPP) and member of Sindh Assembly raised question over maintainability of petition that was filed in Sindh High Court (SHC) against her for allegedly possessing Iqama.
Farooq Naek, counsel for Faryal, in his arguments in the division bench - headed by Justice Muhammad Ali Mazhar of SHC, pleaded that court should first decide about the maintainability of the petition against his client, who has been sought to be disqualified for holding Iqama.
He said there was no column in the nomination papers for election to mention an Iqama. He asserted it was wrong to say that his client showed misdeclaration in her nomination papers.
Naek also contended that Iqama is not a citizenship but a residence permit; therefore, it can't be mentioned in the section that asks foreign nationalities (of the electoral contestant). Referring to dismissal of former prime minister, the senior lawyer said Nawaz Sharif was not disqualified for holding Iqama but for concealing the salary he drew.
Naek also contested the contention of the petitioner that Talpur purchased the assets in Dubai in the name of her driver Abbas Zardari, saying that the person is not a driver but partner of Faryal Talpur in her business.
He said it has been decided in Khawaja Asif's case that disqualification of a member of assembly can't be done in petition related to fundamental rights. He prayed the court to first decide about the maintainability of the court.
The petition, filed by Moazzam Ali Abbasi claimed that in 2002 PPP leader established a company in Dubai in the name of her daughter but concealed the amount transferred for setting up this company in her nomination papers.
The petitioner stated in the court that by submitting a fake affidavit with the nomination papers, Faryal is no more Sadiq and Ameen, hence she should be disqualified. Petitioner also challenged her candidature for having Iqama and sought her disqualification.
The court sought the arguments from Election Commission of Pakistan (ECP) in the next hearing, scheduled for November 23, 2018. The same bench is also hearing the identical petitions against Nasir Hussain Shah, Sohail Anwar Sial and others leaders of PPP, seeking their disqualification for holding Iqamas which they did not mention it in their affidavits submitted with the nomination papers for contesting general elections.

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