A view of Supreme Court of Pakistan. — File Photo

ISLAMABAD: PPP lawmaker Capt (retd) Ghulam Mujtaba Rai, who was elected to the National Assembly from NA-143 constituency, was found to be holding dual nationality on Friday, just a day before the completion of the assembly’s five-year term.

The Supreme Court ordered his disqualification and instructed the Election Commission of Pakistan (ECP) to immediately ‘de-notify’ him as a member of parliament.

A three-judge bench — comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Gulzar Ahmed and Justice Sheikh Azmat Saeed — also ordered ECP Secretary Ishtiak Ahmed Khan to furnish the list of lawmakers disqualified under Article 63(1c) of the Constitution. The ECP was asked to inform the Supreme Court on March 25 about actions initiated against members of parliament for possessing dual nationality.

On Sept 21, the court had disqualified five members of the National Assembly and six of the provincial assemblies of Punjab and Sindh.

MNAs sent home were Chaudhry Zahid Iqbal (for having the citizenship of Great Britain) and Farahnaz Ispahani of the PPP (USA), Farhat Mehmood Khan of the MQM (USA), Jamil Ahmed Malik of the PML-N and PML-Q’s Begum Shahnaz Sheikh.

Disqualified MPAs included PML-N’s Mohammad Akhlaq (USA), Dr Mohammad Ashraf Chohan (UK), Chaudhry Nadeem Khadim (UK), PPP’s Amna Buttar (USA) — all belonging to Punjab — and PPP’s Dr Ahmad Ali Shah (UK) and Ms Nadia Gabol of the MQM, from Sindh.

Referring to Ghulam Mujtaba, the court noted that he had yet to provide the certificate of renunciation of his Canadian citizenship under Section 9(3) of the Canadian Citizenship Act of 1985. But he had furnished a document issued by the High Commission of Canada.

His counsel Munir Paracha requested the bench to refer the case to the ECP on the ground that his client had filed an affidavit before the commission. Ghulam Mujtaba had applied for renunciation of his Canadian nationality on Jan 20, 2007, he told the court. But the court rejected the request.

“Because of non-production of certification of renunciation at the time of filing of nomination papers before the ECP in 2007-08, Ghulam Mujtaba was not qualified to be an MNA under Article 63(1c) of Constitution,” the court order said.

“Thus he is declared disqualified to be the member of the parliament,” the order said, adding that Ghulam Mujtaba had been occupying the position of MNA from the constituency NA-143 as a disqualified person.

Since he had violated Articles 62 and 63 of the Constitution, the court observed, he deserved to be dealt with like the members disqualified earlier.

Opinion

Editorial

Dangerous law
Updated 17 May, 2024

Dangerous law

It must remember that the same law can be weaponised against it one day, just as Peca was when the PTI took power.
Uncalled for pressure
17 May, 2024

Uncalled for pressure

THE recent press conferences by Senators Faisal Vawda and Talal Chaudhry, where they demanded evidence from judges...
KP tussle
17 May, 2024

KP tussle

THE growing war of words between KP Chief Minister Ali Amin Gandapur and Governor Faisal Karim Kundi is affecting...
Dubai properties
Updated 16 May, 2024

Dubai properties

It is hoped that any investigation that is conducted will be fair and that no wrongdoing will be excused.
In good faith
16 May, 2024

In good faith

THE ‘P’ in PTI might as well stand for perplexing. After a constant yo-yoing around holding talks, the PTI has...
CTDs’ shortcomings
16 May, 2024

CTDs’ shortcomings

WHILE threats from terrorist groups need to be countered on the battlefield through military means, long-term ...