Chief Justice Umar Ata Bandial Thursday remarked that PTI leader and former federal minister Faisal Vawda renounced his US nationality after submitting the nomination papers for the 2018 election.
\nThe chief justice made these remarks during a hearing of a petition filed by Faisal Vawda against his lifetime disqualification by the Election Commission of Pakistan (ECP) over filing false nomination papers.
\nThe PTI leader had approached the Supreme Court against the ECP, stating that the electoral body is not a court of law and cannot disqualify him for life.
\nA three-member bench of the Supreme Court comprising CJP Bandial, Justice Mansoor Ali Shah and Justice Aisha Malik heard the case.
\nThe CJP said that a declaration under Article 62(1)(f) can be given by a court and no one can be called \u201cdishonest\u201d without examining the evidence.
\n\u201cIt is not easy to disqualify someone for life. Court declaration means to record evidence,\u201d the CJP said, adding the apex court had set standards for the implementation of Article 62(1)(f) in its previous judgments.
\nAt this, Vawda\u2019s counsel Wasim Sajjad said that Article 63 is attached in case of dual nationality and the lawmaker can only be de-seated not disqualified for life.
\nEarlier, Wasim Sajjad argued before the court that neither did his client hide any facts nor was he “dishonest”.
\nAt this, Justice Mansoor Ali Shah asked when did Vawda submit his nomination papers.
\nThe counsel said that he submitted nomination papers on June 7, 2018, while the scrutiny was conducted on the 18th of the same month.
\n\u201cWhen did Faisal Vawda submit the affidavit?\u201d asked Justice Mansoor. On June 11, replied the counsel.
\nHe added that the returning officer was informed that Vawda had renounced US citizenship.
\n\u201cOn which date did you go to the American Embassy and cancel your nationality?\u201d asked Justice Aisha Malik.
\nVawda\u2019s counsel, without giving the date, said that his client went to the US Embassy and said that he was renouncing his nationality.
\n\u201cDid you go to the embassy and verbally tell them to cancel your passport?\u201d Justice Mansoor Ali Shah asked.
\nTo which, the counsel said, his client was not supposed to give proof of renouncing citizenship.
\nAt this, Justice Mansoor Ali Shah said, \u201cyou did not bother to conclude this issue before submitting the affidavit on June 11,\u201d
\n\u201cNADRA issued the certificate of renunciation US citizenship on May 29, 2018,\u201d Wasim Sajjad said.
\n\u201cWhen you did not go to the embassy then how did NADRA issue the certificate?\u201d asked Justice Ayesha Malik, and said that at the time of submitting the affidavit, Faisal Vawda’s US citizenship was not cancelled.
\nThe real question is the declaration of lifetime disqualification, which cannot be given by the ECP, Wasim Sajjad said.
\nLater, the court adjourned the hearing till Wednesday (October 16).<\/p>\n","protected":false},"excerpt":{"rendered":"
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