ISLAMABAD: The Islamabad High Court (IHC) on Wednesday sought record from the Election Commission of Pakistan (ECP) to proceed on a petition seeking disqualification of Minister for Water Resources Faisal Vawda for being a dual national at the time of his election to the National Assembly in July 2018.

The petition had been pending before Justice Aamer Farooq of the IHC since January this year.

Despite several notices served on Mr Vawda, he never responded to the petition. A lawyer, however, submitted an application on behalf of Mr Vawda seeking adjournment of the hearing.

On Wednesday, Advocate Jahangir Khan Jadoon, the counsel for the petitioner, argued that Mr Vawda had obstructed the judicial proceedings as he did not bother to submit a reply.

“He is laughing at the proceedings as he has virtually paralysed the entire judicial system,” the counsel said.

Justice Farooq reminded the counsel to concentrate on legal course instead of making statements for media consumption.

Petitioner tells SC dual national Vawda has virtually paralysed the judicial system

Advocate Jadoon argued that in case a respondent, despite repeated court notices, did not submit a reply, the court might end his right to audience. He suggested that the court issue a final warning to the respondent.

The court then summoned the relevant record from the ECP and adjourned the hearing till Nov 3.

Mr Vawda contested the election from NA-249 (West-II), Karachi, in July 2018 on a ticket of the Pakistan Tehreek-i-Insaf (PTI).

According to the petition, Mr Vawda concealed his dual nationality at the time of filing of his nomination papers and falsely declared on oath before the ECP that “he didn’t have any foreign nationality”.

It said the PTI minister submitted his nomination papers on the last date which were cleared on June 18, adding that Mr Vawda applied for renunciation of his American nationality in the US Consulate, Karachi, on June 22, and the latter issued him the certificate on June 25.

The petition, while citing relevant judgements of the superior courts, said that since Mr Vawda was a dual national at the time of filing of his nomination papers, he concealed his US nationality and submitted a false affidavit regarding his citizenship and, therefore, he may be disqualified to hold the National Assembly seat and the office of the federal minister.

It pleaded that the court may declare him not sagacious and honest for filing a false affidavit and disqualify him under Articles 62 and 63 of the Constitution.

The petition requested the court to order the Election Commission of Pakistan to hold re-election in NA-249, Karachi. It further requested the court to direct Mr Vawda to “refund the sums he received in terms of salary/remuneration, accommodation, allowances and other perks and privileges”.

The petitioner also prayed that Mr Vawda be restrained from performing official duties as the federal minister till the adjudication of the matter.

Published in Dawn, October 15th, 2020