ISLAMABAD: The Islamabad High Court (IHC) on Thursday gave a month to the newly engaged lawyer for federal Minister for Water Resources Faisal Vawda to prepare arguments about a petition seeking the latter’s disqualification over dual nationality.

IHC Justice Aamer Farooq, however, made it clear that this would be the last opportunity for Mr Vawda to deny the allegations levelled against him in the petition that he was a dual national at the time of filing of his nomination papers to contest elections in 2018.

Haroon Duggal, the incumbent secretary of the Lahore High Court Bar Association, submitted his wakalatnama to the court. He informed the court that the counsel who was earlier representing Mr Vawda had withdrawn his wakalatnama, adding that since he did not know facts of the case, he might be given ample time to prepare arguments.

Justice Farooq said that the matter was very simple. The petitioner has relied upon the documents Mr Vawda has submitted to the returning officer at the time of filing of his nomination papers.

IHC asks minister’s lawyer to prepare arguments in disqualification case within a month

The judge further stated that since the nomination papers as well as the affidavit had been signed and filed by Mr Vawda, the counsel was supposed to assist the court in accordance with the criteria set by the apex court in a case related to disqualification of three senators belonging to the Pakistan Muslim League-Nawaz (PML-N).

It may be mentioned that the apex court had in the operating part of the said judgement made it clear that if a candidate had not renounced the citizenship and the application was not approved by the other country at the cut-off date of filing of nomination papers, he could not qualify to contest the election.

Barrister Jahangir Khan Jadoon, the counsel for the petitioner, informed the court that the minister was making mockery of justice and the change of lawyer was a delaying tactic.

Justice Farooq, however, remarked that since this is a matter to de-seat a cabinet member, the court would not make any haste. He asked Mr Vawda’s counsel not to test the patience of the court.

During the last hearing of the case on Nov 4, senior counsel for the Election Commission of Pakistan (ECP) Sanaullah Zahid submitted to the court the record which Mr Vawda submitted to the returning officer at the time of filing of his nomination papers to contest the election.

The court noted that the affidavit of June 11, 2018 was inconsistent with the fact that Mr Vawda had rescinded his US citizenship on June 25 the same year.

The previous lawyer for Mr Vawda sought adjournment for preparing arguments, but did not appear before the court on Thursday.

According to the petition, Mr Vawda concealed his dual nationality at the time of filing of his nomination papers and falsely declared on oath before the ECP that “he didn’t have any foreign nationality”.

It said that the PTI minister had submitted his nomination papers on the last date which were cleared on June 18, adding that Mr Vawda applied for renunciation of his US nationality in the US Consulate, Karachi, on June 22 and the latter issued him the certificate on June 25.

Citing relevant judgements of the superior courts, the petition said that since Mr Vawda was a dual national at the time of filing of his nomination papers, he concealed his US nationality and submitted a false affidavit regarding his citizenship and, therefore, he might be disqualified to hold the National Assembly’s seat and the office of the federal minister.

The hearing was adjourned till Dec 15.

Published in Dawn, November 13th, 2020