ISLAMABAD: The Islamabad High Court (IHC) on Saturday issued its detailed order in the disqualification case of Minister for Water Resources Faisal Vawda, in which it recommended the matter of a false affidavit he submitted along with his election papers in 2018 be investigated by the Election Commission of Pakistan (ECP) which “may pass appropriate orders for the same”.
Justice Aamer Farooq had on March 3 disposed of the petition challenging Vawda’s election after the minister submitted his resignation from the National Assembly, saying the court could not disqualify him because he had already quit.
The court, in its detailed order, stated that “prima facie the affidavit submitted by the PTI leader regarding his dual nationality at the time of his election to the National Assembly is false”. “Since the affidavits were tendered before the Election Commission of Pakistan (ECP) it is just and proper that the Election Commission of Pakistan probes into the matter of veracity of affidavit furnished by Faisal Vawda on 11.06.2018 and if same is found to be false to stipulate the effect thereof pursuant to observations made in PLD 2020 SC 591,” the order said.
The judgment noted that since the lawmaker has resigned as Member National Assembly, no writ of quo warranto can be issued with respect to holding dual nationality. However the matter of furnishing false affidavit is to be probed by the Election Commission of Pakistan [...] and the Commission may pass appropriate orders with respect to the same, it added.
The court also observed with dismay that respondent No.1 lingered on the matter by not filing reply under one pretext or the other which delayed the adjudication of the matter. Vawda had won the 2018 general election from Karachi’s NA 249 constituency.