ISLAMABAD, Oct 17: The Supreme Court restored on Wednesday the membership of Chaudhry Waseem Qadir, a PML-N member of the Punjab Assembly, after it was informed that he did not hold the nationality of Norway.
But the three-member bench disqualified PML-Q MNA Begum Shahnaz Sheikh whose membership was suspended by the court on Oct 3. The bench comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Jawwad S. Khawaja and Justice Khilji Arif Hussain, which had taken up a case against the members of parliament and provincial assemblies holding dual nationality, ordered the Election Commission of Pakistan (ECP) and the National Assembly Secretariat to take steps for recovery of monetary benefits enjoyed by Begum Shahnaz as a parliamentarian and initiate proceedings against her.
The court dropped the proceedings initiated against Punjab Chief Minister Shahbaz Sharif and Leader of Opposition in the Punjab Assembly Raja Riaz Ahmed. Raja Riaz conceded before the court that he had no evidence to prove that Mr Sharif held dual nationality. But at the same time he said he did not harbour any ill will against the chief minister.
The case was dropped when PML MNA Naseer Bhutta suggested that since Raja Riaz had accepted that he had no bad intentions against Mr Sharif, the proceedings should be closed.
Mustafa Ramday was pleading the case of Mr Sharif.
Raja Riaz informed the court that he had only said in a TV interview that there was a whispering campaign against Mr Sharif.
The court was surprised that a number of newspapers had published Raja Riaz’s statement without any verification.
The court also discharged a notice issued to PPP MNA Capt (retd) Ghulam Mujtaba Rai after hearing the opinion of a journalist who had claimed in his report that Mr Mujtaba was a Canadian national.
Mr Mujtaba had renounced his citizenship at the time of filing nomination papers for the 2008 elections.
Chaudhry Waseem’s counsel informed the court that although his client had acquired a permanent residency certificate of Norway, he did not hold citizenship. He argued that the residency certificate did not in any way confer the status of citizenship.
The court had taken up a petition of Chaudhry Waseem seeking review of its Sept 20 order in which 11 members of parliament and provincial assemblies had been disqualified for holding duel nationality. His name was among the legislators.
The court noted that Chaudhry Waseem travelled abroad on a Pakistani passport after seeking visas. It recalled the Sept 20 order to the extent of his case only and, as a result, his membership was restored with all consequences.
Munir Paracha, the counsel for Begum Shahnaz Sheikh, informed the court that his client held the citizenship of Australia, but she had voluntarily resigned as MNA on Sept 17, 2012. Therefore, he argued, the Sept 20 order did not apply in her case.
Begum Shahnaz had to resign after a news item was published about her dual nationality. Subsequently, the court issued notices to her but she never responded to them.
The court observed that Begum Shahnaz should also be treated on a par with other legislators who had been disqualified and ordered the NA Secretariat and ECP to take necessary action against her.
The ECP is required to take action under Section 82 of the Representation of Peoples Act (RPA) 1976 which suggests jail term of up to three years.
Cases may also be registered against her under Section 193 of the Pakistan Penal Code that asks for a punishment of up to seven years for giving false evidence during a judicial proceedings, Section 196 for using evidence known to be false, Section 197 for issuing or signing false certificate, 198 for using as true a certificate known to be false and Section 199 for making false statement in declaration which is by law receivable as evidence.
She will have to return all monetary benefits drawn during the period she occupied the public office and emoluments from the public exchequer, including monthly remunerations, TA/DA and facilities of accommodation, along with other perks.
The court ordered Interior Minister Rehman Malik to submit by Thursday a list of other legislators who still hold dual nationality.