SHC directs Haleem’s counsel to place relevant SC judgment in CM’s disqualification plea

The Sindh High Court (SHC) on Monday directed the counsel of Pakistan Tehreek-e-Insaf MPA and Sindh Assembly opposition leader Haleem Adil Sheikh to file the judgment of Supreme Court that dealt with the matter regarding to his plea for the disqualification of Sindh Chief Minister Syed Murad Ali Shah from the provincial assembly membership on the basis of submitting a false declaration about his dual nationality before the Election Commission of Pakistan (ECP) in the 2008 elections.

A division bench of the SHC headed by Justice Mohammad Shafi Siddiqui observed that the petitioner’s counsel did not assist the court on whether the subject matter of the controversy had already been decided by the Supreme Court. The high court directed the counsel to place on record the judgment of the SC whereafter the decision shall be passed on the maintainability of the petition.

The PTI lawmaker had submitted in the petition that the Sindh CM be disqualified from being a member of the provincial assembly as he had been earlier disqualified by the Supreme Court in a dual nationality case and he was directed to return all perks and privileges from 2008 to 2013 but he did not comply with the order.

Sheikh said Shah had contested the election on the basis of a false declaration and requested the high court to disqualify him from his assembly membership for filing a false statement before the ECP.

He submitted that the CM was not eligible for holding the membership of the provincial assembly as the same was based on misrepresentation. The SHC was requested to direct the ECP to de-notify the CM.

It is pertinent to mention that the SHC has already been hearing an identical matter with regard to the disqualification of the CM on the basis of the same issue. The ECP has submitted to the high court that an appeal against the acquittal of the CM on account of a false declaration with regard to his dual citizenship during the 2008 elections was filed before the SHC.

The ECP special secretary submitted that the CM after the SC’s judgment on dual nationality had opted to resign from his provincial assembly seat instead of filing a declaration before the ECP that he was the holder of a dual citizenship.

The high court was informed that the resignation of Shah was accepted on November 30, 2013 while he had applied for renunciation of his Canadian citizenship on September 29, 2012. The secretary submitted that the ECP had filed a criminal complaint against Shah in the light of the SC’s judgment on account of submission of false declaration during the 2008 general elections under the Representation of People Act and Pakistan Penal Code.

He said the complaint was rejected by the sessions court and the ECP had filed an appeal against the acquittal of Shah before the SHC. He said the ECP had also entertained application of the petitioner for the disqualification of the CM but adjourned the matter sine-die till a decision of the SHC on criminal appeals. He submitted that the CM had contested the by-election in 2014 and was declared the returned candidate as a result of the uncontested election.

The ECP submitted that the disqualification issue was again brought to the Supreme Court in the 2018 elections, but the apex court dismissed the plea holding that Shah did not suffer from a lifetime ban under the Article 62 (1) (f) and was eligible to contest the 2018 elections. The secretary submitted that the review petition on the disqualification matter was also sub-judice before the SC.