Faisal Vawda's appeal against lifetime disqualification dismissed

ISLAMABAD: The Islamabad High Court (IHC) has dismissed the appeal of Pakistan Tehreek-e-Insaf (PTI) leader Faisal Vawda against his lifetime disqualification by the Election Commission of Pakistan (ECP) for over concealing his dual nationality, ARY News reported on Wednesday.

The IHC announced the verdict on the maintainability of Faisal Vawda’s appeal against ECP’s decision to disqualify the PTI leader for the lifetime over concealing his dual nationality.

The verdict read that the plea could not be heard after the ruling of the Supreme Court (SC).

The high court maintained the ECP’s decision for lifetime disqualification of Faisal Vawda. In its verdict, the IHC stated that Vawda failed to satisfy the court in his appeal against the ECP’s decision. The court’s ruling read that the Supreme Court had defined ECP’s powers in the Habib Akram case.

Earlier in the day, the IHC reserved its decision over PTI leader Faisal Vawda’s challenge to his lifetime disqualification by the Election Commission of Pakistan (ECP) over concealing his dual nationality.

Faisal Vawda’s counsel Waseem Sajjad appeared before the high court bench headed by Chief Justice Athar Minallah.

Sajjad argued that the election commission was not competent authority to take the decision on disqualification adding that the decision was not lawful.

READ: POLLING FOR FAISAL VAWDA’S VACANT SENATE SEAT ON MARCH 09

He pleaded with the court to declare the Feb 09 decision of the ECP as void.

The commission has declared Vawda as disqualified for a lifetime. “The ECP has disqualified him over a false affidavit and dual nationality,” the counsel said.

“When Faisal Vawda relinquished his dual nationality and what was the election date,” Justice Athar Minallah questioned. “Who is authorized to inquire into the matter,” IHC top judge asked.

“The election commission has authority to inquire,” Waseem Sajjad replied. “If the matter would have been sent to the supreme court after inquiry,” the chief justice further asked.

Justice Minallah referring to a verdict of the five-member bench of the apex court remarked,” this court could not go beyond the supreme court’s judgment”.

“The five-member bench of the SC had given its verdict over the false affidavit,” the bench remarked. “You should read the court’s judgment,” Justice Athar Minallah said.

“What mistake the ECP committed in this decision,” the court asked the lawyer. “The supreme court had warned of serious consequences in case of the false affidavit,” the court observed. “Tell the court, the affidavit was false or not,” the bench questioned the lawyer.

“What you think, the supreme court had conduct inquiry of the false affidavit,” the court asked.

“Our question is if the election can declare a person lifetime disqualified,” the counsel said.

“It is up to the petitioner to show credentials in a case. A misstatement or false affidavit could lead to contempt proceedings,” the court observed.

The Election Commission of Pakistan (ECP) had disqualified the ruling party’s Senator Faisal Vawda for a lifetime under Article 62(1)(f) of the Constitution in its decision last Wednesday.

A three-member bench of the ECP, led by Chief Election Commissioner (CEC) Sikandar Sultan Raja, had reserved a verdict on a petition seeking Vawda’s disqualification on December 23, 2021.

The commission had directed the PTI leader to return all the salaries and benefits he received during his term as a federal minister and a member of the National Assembly.