The Islamabad High Court (IHC) has reserved its judgment on the petition filed against Faisal Wawda's lifelong disability.
ISLAMABAD: The Islamabad High Court (IHC) has reserved its judgment on the petition filed by Pakistan Tehreek-e-Insaf (PTI) leader Faisal Wawda against his lifelong disqualification. US Citizenship Certificate can be presented.
In the Islamabad High Court yesterday, Faisal Wawda challenged the life disqualification of the Election Commission. Lawyer Wasim Sajjad in his arguments said that the Election Commission has declared my client ineligible on the basis of false affidavit and also ordered to return all his salary and benefits within two months.
Faisal Wawda had submitted affidavit for nomination papers in June 2018, then resigned as Member National Assembly on March 3, now Faisal Wawda has resigned as Member Assembly and the Election Commission has also disqualified him as a Senator. Sajjad Advocate said that the Election Commission is not a Court of Law, it did not have the power to declare disqualification, the Election Commission can not decide disqualification under Article 62F of the Constitution.
The Chief Justice of Islamabad High Court remarked that there was an order of a five-member bench of the Supreme Court that if the affidavit turned out to be wrong, it would have serious consequences. The decision of the Supreme Court did not contain the word contempt of court for a false affidavit. Justice Athar Minallah inquired whether Faisal Wawda had submitted the certificate of renunciation of US citizenship. Advocate Wasim Sajjad said that the petitioner had not submitted the certificate of renunciation of citizenship anywhere.
Advocate Wasim Sajjad replied that in case of false affidavit, the Court of Law has the power to take action after inquiry. Justice Athar Minallah inquired as to what the ECP would have done if it had come to the conclusion that the affidavit was false. Justice Athar Minallah asked whether the Election Commission should inquire and send the case to the Supreme Court.
Advocate Waseem Sajjad said that it could be proved by the evidence that a false affidavit was submitted on purpose. Wasim Sajjad replied that if the affidavit proves to be short then a case can be filed against him.
Wasim Sajjad Advocate said that even if the affidavit of Faisal Wawda proved to be false, he could have been disqualified only as Member National Assembly. He has resigned as Member Assembly, disqualification cannot be decided for life, Only this seat can be disqualified. He said that we have to see whether the Election Commission can disqualify anyone or not, if the affidavit is proved to be false before the Court of Law, then disqualification can be disqualified for life. I am like the death penalty. Justice Athar Minallah asked if the petitioners can present the certificate of renunciation of American citizenship in this court till tomorrow.
Read more updates