KARACHI: A sessions court on Thursday acquitted former interior minister Rehman Malik in a dual nationality case.

On a directive of the apex court, the election commission had filed complaints against Mr Malik and other legislators in 2012 for filing false declarations along with their nomination papers for elections to conceal their dual nationality.

The suspect through his lawyer moved an acquittal application under Section 265-K of the criminal procedure code and after hearing arguments from both sides, district and sessions judge (south) Ahmed Saba exonerated the applicant.

The defence lawyer, Shaukat Hayat, argued that the complaint was time-barred as the applicant was elected senator in February 2009 and any complaint in this regard could only be filed within six months after the election.

He further contended that the election commission committed procedural errors while submitting the complaint as only the returning officer can file such a complaint as mentioned in Section 195 of the CrPC, adding that three suspects were acquitted by sessions judges of Thatta, Jhelum and Lahore and the fourth one was exonerated by the Multan bench of the Lahore high court in similar cases.

The prosecutor did not oppose the plea.

In the light of the Supreme Court judgement handed down on Sept 20, 2012, the regional election commissioner had filed complaints against the suspect and others for committing corrupt practices under Sections 78 and 82 of the Representation of the People Act 1976 and 58 of the Senate Election Act, 1975 read with Sections 193 (punishment for false evidence), 196 (using evidence knowing to be false), 197 (issuing or signing false certificate), 198 (using as true a certificate known to be false) and 199 (false statement made in declaration which is by law receivable as evidence) of the Pakistan Penal Code.

On Sept 20, the Supreme Court had disqualified 11 members of parliament and provincial assemblies, but spared Mr Malik for the time being.

However, the apex court ordered the chief election commissioner to initiate legal proceedings against the disqualified members as well as Mr Malik for filing false declarations and concealing their dual nationality.

Published in Dawn, September 5th, 2014