KARACHI: The Sindh High Court on Wednesday directed the Election Commission of Pakistan to file comments on an appeal against the acquittal of 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 with their nomination papers for elections to conceal their dual nationality before a district court.

However, Mr Malik through his lawyer moved an acquittal application under Section 265-K of the criminal procedure code and after hearing arguments from both sides, the district and sessions judge (South) exonerated the applicant.

The election commission had challenged the acquittal before the SHC.

On Wednesday, the counsel for former minister Shaukat Hayat moved an application and contended that an appeal was filed against the apex court’s 2012 judgment and on May 2 the Supreme Court had declared the criminal proceedings null and avid.

A two-judge bench of the SHC headed by Justice Syed Hasan Azhar Rizvi directed the lawyer of the election commission to file comments on the application by June 22.

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, June 7th, 2018