The Supreme Court on Thursday in short order on petitions regarding dual nationalities of the law makers declared that parliamentarians who possess dual nationalities were not eligible to hold any pubic office and also declared all such lawmakers as disqualified.
The apex court announced the disqualification of 11 lawmakers including Zahid Iqbal, Rehman Malik, Farahnaz Ispahani, Muhammad Ikhlaq, Ashraf Chauhan, Nadia Gabol, Amina Buttar, Zaheer Awan, Waseem Qadir, Farhat Mahmood Khan and Ahmed Ali Shah. The bench said the lawmakers were being disqualified under Article 62 and Article 63 of the Constitution.
Four among the disqualified legislators were from the National Assembly, five from the Punjab Assembly and two from the Sindh Assembly. The bench further directed that the verdict be sent to the speakers of the concerned assemblies and the Senate’s chairman.
The Election Commission of Pakistan (ECP) is directed to de-notify the respective memberships of Parliament/Assemblies of aforesaid persons and also directed ECP to institute legal proceeding against the disqualified law makers.
The court also ordered the government to withdraw the amount spent on the salaries and perks on the disqualified lawmakers from them and deposit the amount in the national treasury within two weeks.
The bench also directed the ECP to initiate legal proceedings against Rehman Malik. It ordered that a criminal case be registered against the leader, who, it said, had submitted an erroneous affidavit for the 2008 Senate elections in violation of election laws.
The bench ruled that Rehman Malik could no longer be considered ‘sadiq’ and ‘ameen’ and the apex court bench also directed the withdrawal of the amount spent on Malik’s salaries and perks from him and its deposition in the national treasury. The Senate chairman should send a reference against Malik, the court ruled, adding that, the minister’s affidavit for the Senate’s election was not transparent.
“All the Members of the Parliament/Provincial Assemblies noted above had made false declarations before the Election Commission while filing their nomination papers and as such appear to be guilty of corrupt practice in terms of Section 78 of Representation of Peoples Act, 1976, therefore, the Election Commission is directed to institute legal proceedings against them under section 82 of the Act read with sections 193, 196, 197, 198 and 199 PPC in accordance with law”.
The Election Commission of Pakistan is also directed to examine the cases of the Parliamentarians and the members of Provincial Assemblies, individually, by obtaining fresh declaration on oath from all of them that they are not disqualified under Article 63(1)(c) of the Constitution.