ISLAMABAD: The charge of submitting false written statements about alleged dual citizenship at the time of submitting his candidacy for the National Assembly seat in Karachi will continue to haunt federal minister Faisal Vawda even after being elected senator.
Vawda is simultaneously facing disqualification proceedings at the Islamabad High Court (IHC) and the Election Commission of Pakistan (ECP) for not revoking dual citizenship before submitting his candidacy documents for the 2018 general elections.
“There are two possibilities as to what the IHC could do in dealing with the petition awaiting Vawda’s decision not to qualify,” constitution expert and former Senate chairman Wasim Sajjad told The News. One option before the IHC, he said, would be to argue, following the minister’s resignation as MNA after he was elected senator, that because Vawda is no longer the MNA, the problem of his deceptive written statement regarding dual nationality did not exist and petitions against him now cannot be heard.
The second possibility, according to Wasim Sajjad, is that IHC will decide that the matter is still alive and must be decided because the truth of the written statement has not been resolved due to his resignation as an MNA.
However, Sajjad gave an example, although IHC canceled the petition on the grounds that it did not need to be continued because Vawda was no longer the MNA, the matter could be brought up against him again on the premise that he was not ‘Sadiq. ‘and’ Ameen ‘because he once submitted a false affidavit.
Another prominent constitutional lawyer, Kamran Murtaza, argued that the trial at IHC and ECP would be a violation after Vawda told them he had stepped down as MNA. “Two constitutional forums might say that the matter is no longer fun after Vawda quit as MNA,” he said, adding that it was an open secret that ministers were competing in Senate elections to thwart the disqualification process at IHC and ECP.
Kamran Murtaza said the issue of concealing dual citizenship when submitting his nomination letter for the National Assembly seat would continue to haunt Vawda even after being elected senator.
He stated that the case that Vawda allegedly vowed would not subside even if the IHC declared the petition baseless. “Vawda will continue to be faced with the risk of disqualification under the Constitution for not sadiq and amen because of allegedly dubious oath statements.”
Regarding fake statement letters, he said, could be brought to court against Vawda through a new petition. However, he pointed out that the process would be very protracted.
Yet another well-known lawyer, Kashif Malik, told The News that the problem of the 2018 written statement would not go away and Vawda’s opponents could file it in court even after being elected senator.
He said the ongoing processes at the IHC and the ECP may be rendered unnecessary once Vawda is elected senator. If his election to the upper house is challenged on the basis of his written statement, Vawda could argue that there is no court declaration against him in this regard when he has submitted his candidacy documents for Senate elections, that he has met all. qualifications that are constitutionally mandated and it has not been established that he is lying in his written statement.
About the plaintiff’s actions designed to thwart the judicial process, Kashif Malik said it was between the court and the party. [Vawda] to see whether the defendant’s attempt was intended to thwart the judicial process.