Tag: disqualification

  • Aap Imran Khan ko hataayeinge, kaisay khud reh paayeinge, asks Fawad

    Aap Imran Khan ko hataayeinge, kaisay khud reh paayeinge, asks Fawad

    Pakistan Tehreek-e-Insaf (PTI) leader Fawad Chaudhry has said that if Imran Khan in any way gets disqualified, then those those who make this decision should think how will they survive.

    “It is for those who can disqualify Imran, not for the PTI, to think that how would they survive (in their positions) if they oust Imran Khan,” said Chaudhry on HUM News.

    “Pakistan is at the edge of revolution. If a judgement is given against Imran Khan Sahib, the people of Pakistan will decide the fate,” said Chaudhry.

    Fawad said that when Bhutto was ousted out of power, he was not at the peak of his popularity. But on the contrary, massive public support is with Imran Khan today.

    Speaking on another political programme aired on Dunya News, Chaudhry said that he found a commonality in the cases of Zulfikar Ali Bhutto, Yusuf Raza Gilani and Nawaz Sharif, as all these leaders had lost their popularity among the masses when they were ousted.

    “Imran Khan is at the pinnacle of his popularity. No one can afford that politics in Pakistan runs without him,” said Chaudhry. When the anchorperson asked Fawad if he means that the courts cannot penalise a popular leader, Fawad said they could not punish (a popular leader) in political cases. His comments were in relevance to the contempt of court case against Khan.

    The anchorperson told Fawad that the courts had convicted popular leaders like Pakistan Muslim League-Nawaz’s (PML-N) Talal Chaudhry and Nehal Hashmi, Fawad advised the anchor against comparing Imran Khan with the likes of Talal or Nehal.

  • Faisal Vawda challenges lifelong disqualification in Supreme Court

    Faisal Vawda challenges lifelong disqualification in Supreme Court

    Pakistan Tehreek-e-Insaf (PTI) Senator Faisal Vawda on Friday challenged his lifelong disqualification in the Supreme Court. Vawda was disqualified by the Election Commission of Pakistan (ECP) in a dual nationality case. The Islamabad High Court (IHC) on Wednesday dismissed Vawda’s plea challenging his disqualification by the ECP.

    Vawda has now filed an appeal in the apex court. The appeal states that the ECP did not have the power to disqualify him for life and that the electoral watchdog was not a competent court of law.

    Faisal Vawda’s appeal was filed by his lawyer, Advocate Wasim Sajjad.

    Earlier this month, the Election Commission of Pakistan (ECP) disqualified Vawda as a Member of the National Assembly (MNA) and ordered him to withdraw the notification appointing him as senator for concealing his dual nationality.

    Later, the PTI leader approached the IHC. In his appeal, he stated that Section 8C of the Elections Act, 2017 allowed the ECP to conduct an election but did not empower it to disqualify a candidate. According to him, the commission was directed by the court to “probe the issue of falsity or otherwise of the affidavit expeditiously as per a judgement of the Supreme Court”.

  • ECP reserves verdict in Faisal Vawda’s disqualification case

    ECP reserves verdict in Faisal Vawda’s disqualification case

    The Election Commission of Pakistan (ECP) has reserved its verdict on a disqualification petition filed against Pakistan Tehreek-e-Insaf (PTI) leader Faisal Vawda.

    Chief Election Commissioner (CEC) Sikandar Sultan Raja heard the petition filed against Vawda in Islamabad pertaining to his dual citizenship. Pakistan People’s Party’s (PPP) Qadir Khan Mandokhel and Faisal Vawda appeared before an ECP bench.

    CEC Sikandar Sultan Raja asked Mandokhel whether he wanted to present more documents or give additional arguments.

    Mandokhel said today is the 30th hearing of the case but he could not get the answers to his questions. The PPP leader said, “ECP has been issuing warnings for the last one-and-a-half years.”

    On this, Raja said that the ECP will decide the case whether it gets the answers or not.

    Mandokhel was of the view that Faisal Vawda had held United States (US) nationality at the time of filing his election nomination papers. He said that the concerned RO was not punished as he had rejected his papers instead of disqualifying Vawda.

    The PPP leader said that Vawda had falsely declared in an oath to the ECP that he did not hold any foreign nationality. The PTI leader had concealed his dual nationality during the scrutiny of his nomination papers, said Mandokhel.

    Vawda’s counsel rejected the allegations, saying that his client had never applied for another country’s nationality. He said Vawda was born in the US and that his client had cancelled his American passport.

    As per NADRA’s record, Vawda’s US citizenship had been seized on May 29, 2018, said his counsel.

    The chief election commissioner inquired whether NADRA could issue a certificate that says an individual is a Pakistani citizen and not that of any other country.

    “How can NADRA know this? We will look into this matter,” said the chief election commissioner.

    After hearing the arguments of both sides, the ECP reserved its verdict in Vawda’s disqualification case.

    The ECP had adjourned the hearing till December 23 while directing Vawda to submit his arguments by this date.

  • Faisal Vawda case ‘a waste of time’, says petitioner

    Faisal Vawda case ‘a waste of time’, says petitioner

    Talking to The Current, Pakistan People’s Party’s (PPP) Qadir Mandokhel said that he has been pursuing a petition against Faisal Vawda for 2 years 9 months. “Now it’s just a waste of time.”

    Mandokhel gave the example of an illegal building and a petition against it. “Agar building hee masmaar kar di toh kya faida abb iska” (If the illegal building has been demolished, what’s the use of pursuing a case against it). Mandokhel is referring to the fact that Vawda is no longer an MNA but a Senator now.

    Mandokhel says he has high hopes from Sindh High Court where the petition on senatorship is still pending. Mandokhel says he wrote to the US Consulate but he was told by them that they do not reply to individual queries.

    Mandokhel says Vawda hasn’t submitted his reply and questions why. He also questioned why the Election Commission of Pakistan (ECP) is not doing much about this case.

    On Thursday, none of the petitioners appeared before the ECP, meanwhile, Faisal Vawda did.

    Vawda, while talking to senior journalist Matiullah Jan, seemed confident and said, “This seems more of a political case, and a political case has no standing. Everyone seems to have backed off for now.”

    “The ECP is fully looking into the details of my case and is also providing me with a lot of chances to my rivals. But my all rival parties have disappeared,” added Vawda.

    The ECP has three petitions related to the disqualification of Pakistan Tehreek-e-Insaf’s (PTI) Faisal Vawda, who is a former member of the National Assembly as well as a recently-elected Senator. The commission is yet to make a decision.

    Petitioners against Vawda contend that he had dual citizenship when he filed his nomination papers in the 2018 general elections, a fact that he had concealed at the time. Therefore, they say that he should be disqualified.

  • Fawad Ch disqualification case: IHC chief justice wants people to be the judge

    Fawad Ch disqualification case: IHC chief justice wants people to be the judge

    Islamabad High Court (IHC) Chief Justice Athar Minallah has said that the judiciary has faith in decisions made by the people, who are responsible even if they elect to power the wrong representatives.

    “If eligibility or disqualification are to be decided, do so outside courtrooms,” the top Islamabad judge said while hearing a petition seeking the science and technology minister’s disqualification for allegedly hiding his assets.

    Justice Minallah was due to hear the plea on February 1 (today). The court had already issued notices to Fawad and the Election Commission of Pakistan (ECP) for the hearing.

    The petitioner has claimed that the minister did not disclose details of the land he owns in Jhelum in his nomination papers for the 2018 general elections. “He is no longer ‘sadiq and ameen’ and should be disqualified,” the petitioner had argued.

    During the course of proceedings on Monday, the IHC ruled that it will hear the disqualification petitions against all MNAs and MPAs together and give a combined ruling on it.

    The combined cases will be heard on March 9. The cases will be wrapped up together so that the court can listen to other petitioners, the court remarked.

    The court has a clear stance on hearing cases against the representatives of the government. Courts should not be used for political motives, said Justice Minallah. “Why should we hear cases that will eventually lead to the criticism of the courts?”

    The petitioner said that the court has to make a decision if the law is violated anywhere, the petitioner said, adding that former PM Nawaz Sharif was also disqualified by the courts.

    Former CJ of Pakistan Asif Saeed Khosa had said that Parliament should amend Article 62 (1)(f). If it remains the same, then all of us could be disqualified under it, the court added.

    Article 62 (1)(f) of the Constitution is a provision requiring elected officials to be ‘sadiq and ameen’ or honest and righteous. Former prime minister Nawaz Sharif and PTI leader Jahangir Tareen were disqualified under this clause.

    Fawad, who attended the hearing, said that whatever has been presented in court is nothing but a classic example of blackmailing. “Courts are supposed to protect us from being blackmailed.”

    Responding to Fawad, Justice Minallah said that the politicians should play their role in changing the blackmail culture. “People hurl abuses at judges on social media,” he remarked, adding that MPAs and MNAs should try to change this culture too.

  • Faisal Vawda to be disqualified for being an American citizen?

    Faisal Vawda to be disqualified for being an American citizen?

    Federal Minister for Water Resources Faisal Vawda was a dual national by the time of filing nomination papers for 2018’s general election, and concealed his American citizenship by falsely declaring on the oath he submitted to the Election Commission of Pakistan (ECP), The News has reported.

    According to reports, his status was intact not only when he filed nomination papers on June 11, 2018, but even during the scrutiny of the same.

    The Supreme Court (SC), in a recent judgment, has categorically directed that the candidates who previously held dual nationality should have the renunciation certificate at the time of filing of nomination papers. Various lawmakers, including two senators of Pakistan Muslim League-Nawaz (PML-N), have been disqualified by the top court on this count.

    Both of them had applied for the renunciation of foreign citizenship much earlier, but were unable to obtain the renunciation certificate at the time of filing of nomination papers because of long process.

    In Vawda’s case, the last date to file nomination papers for the election held in July 2018 was June 8 and later extended for another three days. Taking his document an evidence, Vawda submitted election papers on the last date — June 11, 2018 — along with an affidavit wherein he declared himself holding no citizenship other than that of Pakistan.

    The returning officer (RO) of NA-249 Karachi — Vawda’s constituency — approved the papers on June 18, 2018. It was only after this approval that the now federal minister applied for renunciation of his United States (US) nationality in US Consulate Karachi, meaning thereby he was American citizen at the time of filing.

    Vawda applied for revocation of his American citizenship in US Consulate Karachi on June 22, 2018. Normally, the process of renunciation of US nationality takes a couple of weeks or even months because it requires clearance from all the concerned departments. However, the US Consulate issued the ‘Certificate of Loss of Nationality’ to Vawda on next working day, documents revealed.

    Three top legal experts from Vawda’s own party, including Federal Minister Fawad Chaudhry and former interim law minister Ali Zafar, are unanimous in their opinion that whoever holds dual nationality at the time of submitting nomination papers is set to not only face instant disqualification, but he or she can also be penalised on the charges of perjury.

    His dual citizenship didn’t go unchallenged. His rival candidate Abdul Qadir Mandokhel of Pakistan People’s Party (PPP) moved Sindh High Court (SHC) in order to disqualify his candidature. However, after a couple of court hearings, Mandokhel withdrew his petition from the apex court. Explaining the reason of pulling out, he told The News he did so “under immense pressure” that he faced not only from certain quarters but also from the leadership of his own party.

    Taking opinion of top legal minds as a guide, Vawda stands disqualified as a member of the Lower House if his case is judged on the same standards which were applied when the apex court dealt with those of leaders of the PML-N, PPP and other political parties.

    A source close to Vawda was quoted as claiming by the media outlet that the now minister was not in favor of surrendering his American passport because he was unsure about winning the election. “However, once he was assured of his victory, only then he applied for the revocation of US citizenship,” he said.

    Meanwhile, ECP spokesperson Nadeem Qasim said the election watchdog cannot take notice on the dual nationality of any parliamentarian by its own. “Someone has to challenge the dual nationality of the said parliamentarian in the court of ECP. If proved that the said parliamentarian was a foreign national at the time of filing of nomination papers, then he will be disqualified,” he was quoted as saying.