ISLAMABAD: The Islamabad High Court (IHC) on Wednesday 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, ARY NEWS reported.
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 decision on disqualification adding that the decision was not lawful.
He pleaded to the court to declare the Feb 09 decision of the ECP as void.
The commission has declared Vawda as disqualified for 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 have authority to inquire,” Waseem Sajjad replied. “If the matter would have sent to the supreme court after inquiry,” the chief justice further asked.
Justice Minallah referring a verdict of 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 upto 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) disqualified the ruling party’s Senator Faisal Vawda for 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 petition seeking Vawda’s disqualification on Dec 23, 2021.
The commission 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.
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