ISLAMABAD, March 28: Former legislators of different political shades may have resigned to escape disqualification for having dual nationalities, but the Supreme Court has summoned 20 of them on April 1.

The members are: former petroleum adviser to prime minister Dr Asim Hussain, Tayyab Hussain, Nadeem Ahsan, Syed Haider Abbas Rizvi, Fauzia Ejaz Mohammad Khan, Sabin Rizvi, Areesh Kumar, Donya Aziz, Arif Aziz Sheikh, Jameel Ahmad Malik, Fauzia Asghar, Dr Tahir Ali Javed, Jameel Ashraf, Javed Tarki, Murad Ali Shah, Sadiq Ali Memon, Abdul Moeed Siddiqi, Dr Syed Mohammad Ali Shah, Askari Taqvi and Raza Haroon.

When they appear, either in person or through their counsel, they will have to explain why the court should not ask them to return all the monetary benefits and perks they had enjoyed as legislators under article 63(1c) of the constitution.

A bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Gulzar Ahmed and Justice Sheikh Azmat Saeed took up the case on dual nationality on Thursday.

At the last hearing, on March 15, the court had ordered the Election Commission of Pakistan (ECP) to furnish the names of those parliamentarians and members of provincial assemblies who were disqualified under Article 63(1c) of the constitution (disqualification).

The respondents may also imperil their chances to contest the coming elections since they have to persuade the apex court not to pass orders that may lead to their prosecution in accordance with the law for misdeclaration about their status.All the returning officers performing election duties of accepting candidates’ nomination papers by March 31 have also been informed by the ECP about their status. In case any of these individuals files nomination papers, the returning officer will question him about violation of article 63(1c).

The order came when representatives of the ECP denied initiation of any action as had been taken against Shahnaz Sheikh, a lawmaker who had been asked to repay all emoluments enjoyed as member of the National Assembly after her resignation.

After the hearing, the court may ask the former legislators to deposit to the secretary of the National Assembly all the monetary gains, emoluments including monthly remunerations, TA/DA, facilities of accommodation along with other perks, which they had been receiving and enjoying. As per the earlier order the ECP may also take action in terms of Section 82 of the Representation of People Act of 1976 that suggests a prison term of up to three years.

Cases may also be registered under Section 193 of the Pakistan Penal Code (PPC), which carries a punishment of imprisonment for up to seven years for giving false evidence during judicial proceedings, Section 196 for using evidence known to be false, 197 for issuing or signing a false certificate, 198 for using as true a certificate known to be false and 199 for a false statement made in a declaration which is by law receivable as evidence.

FAKE DEGREES: The Supreme Court regretted that the police investigation authorities had failed to complete a probe against members with fake educational degrees. Punjab appears to be the most negligent in completing the task assigned by the ECP.

The court asked the inspector general of Punjab to seek explanation from the district police officers and the investigating officers for the delay or initiate departmental action against them.

The registrars were asked to convey to the chief justices of the high courts that the courts hearing the fake degree cases should hold daily proceedings without granting adjournments.

Police and the courts should complete the task by April 4, the bench said.

“This is important for ensuring that the candidates presenting themselves in the forthcoming elections should prove themselves to be fully qualified to contest the elections as envisaged under articles 62 and 63 of the constitution, read with Section 99 of the Representation of People’s Act, 1976,” the court said.