Supreme Court raises doubt over Faisal Vawda’s ‘cancelled passport’ submitted to RO in 2018
ISLAMABAD, Oct 19 (SABAH): The foreign passport that Pakistan Tehreek-e-Insaf (PTI) leader Muhammad Faisal Vawda submitted to the Election Commission of Pakistan (ECP) as proof of the renunciation of his US nationality was already expired, the Supreme Court observed on Wednesday.
The observation was made by Justice Ayesha A. Malik, who was part of a three-member bench headed by Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial and also comprising Justice Syed Mansoor Ali Shah, hearing Faisal Vawda’s appeal against his disqualification for life under Article 62(1)(f) of the Constitution.
In February, the ECP disqualified Vawda for concealing his US citizenship and directed him to return the salary and other benefits he had received as a minister and as a member of the National Assembly, within two months. It had also de-notified him as a senator.
During Wednesday’s hearing, his lawyer Barrister Wasim Sajjad contended that the returning officer (RO) had seen Vawda’s cancelled passport. “But the cancelled passport that you are relying on was expired,” noted Justice Ayesha Malik. She said the cancelled passport was submitted to the RO in 2018, but it had expired in 2015. “When you get a new passport made, the older one is stamped as cancelled,” Justice Malik added. “How can a cancelled passport be proof of renunciation of a nationality?” she asked.
Moreover, she noted that the passport numbers of the one on record and the one cancelled were different. “It is evident by different numbers that a new passport was issued after being long overdue,” she said.
Following her observations, the CJP Umar Ata Bandial remarked that this matter had become “very serious”.
Justice Syed Masoor Ali Shah commented that “another of Vawda’s lies is out in the open”.
Vawda’s lawyer then contended that the text of the affidavit — which Vawda had submitted at the time of the filing of his nomination papers for a National Assembly constituency — elaborated that the PTI leader did not hold the passport of another country.
At that, Justice Shah said the mention of the “passport in the affidavit meant having the nationality of another country”.
The lawyer then argued that the ECP did not have the authority to disqualify a person for life.
But the high court does have the authority to disqualify an individual for life, replied Justice Shah.
The court termed that Faisal Vawda had not relinquished the American nationality at the time of the submission of the nomination papers. The court clarified that expiry of the passport after completion of term and relinquishing the nationality are separate things. The court termed that formal statement and certificate has to be submitted for relinquishing the nationality.
Vawda’s lawyer Wasim Sajjad sought more time from the court for preparation.
At that, the court adjourned the hearing, with Justice Shah commenting, “You will not have answers to these questions even next week.” The confirmed date of the next hearing is yet to be issued.
In February this year, the Election Commission of Pakistan (ECP) disqualified Faisal Vawda for life from parliament for submitting a false affidavit.
According to the decision announced earlier this year, Vawda, who resigned from his MNA seat to become a senator in elections last year, was also told to return all the perks and privileges he received as a member of the National Assembly.
The PTI senator was disqualified by the election watchdog for violating Article 62(1)(f) which pertains to being “sadiq (truthful) and “amin” (honest). The article provision sets the precondition for a member of parliament and is the same provision under which former prime minister Nawaz Sharif was disqualified by Supreme Court on July 28, 2017, in the Panama Papers case.