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Thursday November 28, 2024

Supreme Court revokes life ban on Faisal Vawda

The Supreme Court has set aside Faisal Vawda’s disqualification for life

By Sohail Khan
November 26, 2022
Faisal Vawda. The News/File
Faisal Vawda. The News/File 

ISLAMABAD: The Supreme Court on Friday revoked Faisal Vawda’s disqualification for life.

A three-member bench of the apex court, headed by Chief Justice Umer Ata Bandial and comprising Justice Syed Mansoor Ali Shah and Justice Ayesha A Malik, heard the appeal of PTI leader Faisal Vawda, challenging the verdict of the Election Commission of Pakistan and Islamabad High Court, disqualifying him for a lifetime in a dual citizenship case under Article 61(1)(f) of the Constitution.

The court set aside the order of the Election Commission of Pakistan (ECP) passed on Feb 9, 2022 and the order passed by the learned Islamabad High Court on Feb 16, after Vawda showed regret on his claim of renunciation of the US nationality in his nomination papers filed for Karachi NA-249 on June 7, 2018. The court held that Vawda would be eligible to contest the next general election or the next election in the Upper House of Parliament (Senate).

Faisal Vawda appeared before the court on Friday along with his counsel, Barrister Waseem Sajjad.

He submitted that he regrets the claim of renunciation of the US nationality in his nomination papers filed for NA-249, Karachi, on June 7, 2018. He said that he had applied for such renunciation before the date of filing his nomination papers.

However, his Certificate of Loss of Nationality of the US was issued on June 25, 2018, and as a result of the difference in the dates, he was disqualified from contesting the election on the date when he filed his nomination papers for the election of MNA under the provision of Article 63(1) of the Constitution. “Consequently, the affidavit that he filed along with his nomination papers made an erroneous statement,” says the court order, adding that he regrets and accepts that he stands disqualified to be elected to the National Assembly.

The court noted in its order that although, the petitioner (Vawda) was elected to the office of the Senate of Pakistan in the year 2021, to demonstrate good faith, he hereby resigns from that office. “Given the statement above, which the petitioner has signed, the impugned order of the Islamabad High Court dated Feb 16, 2022, and the order dated Feb 9, 2022 passed by the Election Commission of Pakistan, are set aside,” says the court order.

The court held that the petitioner should take immediate steps to send his resignation to the Senate chairman. “It is clarified that the petitioner shall be eligible to contest the next general election or the next election in the Senate,” the court noted in its order. The court disposed of the petition after converting it into an appeal.