ECP reserves its verdict on a disqualification petitions filed against PTI leader Senator Muhammad Faisal Vawda
ISLAMABAD, Dec 23 (SABAH): The Election Commission of Pakistan (ECP) has reserved its verdict on a disqualification petitions filed against Pakistan Tehreek-e-Insaf (PTI) leader Senator Muhammad Faisal Vawda due to concealing his dual nationality here on Thursday.
A three-member bench headed by Chief Election Commissioner (CEC) Dr. Sikandar Sultan Raja and comprising Shah Muhammad Jatoi and Nisar Ahmed Durrani heard the case.
During the hearing, the Chief Election Commissioner, while talking to PPP leader Qadir Khan Mandokhel Advocate who petitioned the case, said: “You had said that the final arguments had been presented. Do you want to present more arguments or documents?”
Qadir Mandokhel said that this is the 30th hearing. He said the commission has been giving a warning for the last one and a half years, adding that the questions already asked to the commission should be answered first and that he did not have additional arguments.
CEC Dr. Sikandar Sultan Raja asked that whether the questions had been answered or not. “It is the job of the commission to have the final word. This is the last time,” he said.
Qadir Mandokhel stated that Faisal Vawda had American citizenship at the time he submitted nomination papers.
The concerned RO was not punished, and the RO rejected my papers instead of disqualifying Faisal Vawda, he said, adding that he sent a notice to the US embassy, to which they said that they do not respond to individuals. “I told the ECP to ask the US embassy,” he lamented.
The petitioner said that Vawda has declared property in a foreign country and that the commission should inquire from the US Consulate about his citizenship.
“At the last hearing, you said that the arguments were complete. However, today you are talking about something new. The consulate is not answerable to the Election Commission, and the Commission cannot write to them,” the CEC responded.
Asif Mehmood, the petitioner’s lawyer, stated that they have provided all written responses and that the commission should decide whether Faisal Vawda had dual citizenship when submitting nomination papers or not.
Mandokhel claimed that Faisal Vawda submitted a false affidavit while submitting nomination papers and concealed dual citizenship while scrutinising the nomination papers.
Vawda’s lawyer said in his arguments that the petitioners are relying on the certificate of renunciation of citizenship.
Faisal Vawda has always been a Pakistani citizen, and he never gave up Pakistani citizenship, said his lawyer.
Lawyer Barrister Moeed further said that Faisal had never applied for citizenship of another country. According to his birth certificate, he was born in the United States, the lawyer said.
Chief Election Commissioner Dr. Sikandar Sultan Raja inquired about the date of the cancellation of citizenship and whether the cancellation of a passport also revokes citizenship.
If you have dual citizenship, you will have a NICOP, but you will not have a Pakistani identity card, he said, adding that a normal identity card is not evidence that you do not have dual citizenship.
The lawyer argued that, according to Nadra, Faisal Vawda’s US citizenship was seized on May 29, 2018. Faisal Vawda is a Pakistani citizen, he stated.
“Where did the knowledge of NADRA come from?” the Chief Election Commissioner inquired, asking whether NADRA could issue a certificate stating that a person is only a Pakistani citizen.
Barrister Moeed, counsel for Vawda, submitted the senator’s birth certificate in the ECP. He said Vawda was born in California and was an American citizen by birth. “Faisal Wawda had his foreign passport cancelled before submitting his nomination papers,” he said, adding that the senator had not lied.
Nisar Ahmed Durrani questioned him regarding the date of the passport’s cancellation while the CEC pondered if the passport’s cancellation amounted to the elimination of citizenship as well.
The lawyer said it was written in the returning officer’s (RO) order that the foreign passport was cancelled.
Mandokhel, who was present in the hearing as well, said today was the 23rd hearing in the ECP which had been seeking answers for the last 1.5 years but had not received any.
“The RO gave a wrong order on dual citizenship in the 2018 [general] election. The RO rejected my [nomination] papers instead of rejecting Faisal Vawda’s,” Mandokhel said.
Jatoi asked him if he had challenged the decision in any verdict and asked him to satisfy the bench on taking the matter up directly in the ECP. The CEC remarked that Mandokhel had said at the last hearing that arguments were complete but now he was mentioning new things.
The petitioners wrapped up their arguments against Vawda as Barrister Moeed started his final arguments.
He argued that Vawda had obtained a normal identity card from the National Database and Registration Authority (NADRA) prior to the general elections 2018. “His Nicop (National Identity Card for Overseas Pakistanis) being cancelled and NADRA’s confirmation prove that he was not an American citizen,” he said.
The CEC questioned whether NADRA was authorised to verify whether anyone was a foreign citizen or not.
The lawyer responded that Nadra only issued identity cards after verification with the Intelligence Bureau.
Vawda also said that there was no dual citizenship holder who had a normal identity card, adding that such an individual would not even be able to open a bank account.
“If Faisal Vawda is no longer even an MNA, then how can there be disqualification on this petition?” his counsel argued. “Qadir Mandokhel deliberately approached the wrong forum to conduct a media trial,” Barrister Moeed said as he wrapped up his arguments.
Vawda said that as an MNA candidate he was not well informed about the law. “I am being dragged for no reason, the opponents did not go to any tribunal,” he said.
The ECP dismissed Mehmood’s petition on grounds of non-compliance and reserved its verdict on the other three petitions.
The Election Commission, after hearing the arguments of the parties, reserved its verdict on the petition seeking the disqualification of Faisal Vawda. It may be recalled that at the last hearing, PTI leader Faisal Vawda had asked for more time to submit written arguments.