Monday May 20, 2024

Confess affidavit forgery, get single-term disqualification, SC to Vawda

SC asks Vawda to admit mistake, be disqualified under 63(1) C, or court to proceed with case under 62(1) F

By Maryam Nawaz
November 24, 2022
The building of the Supreme Court of Pakistan. — AFP/File
The building of the Supreme Court of Pakistan. — AFP/File

ISLAMABAD: The Supreme Court of (SC) Pakistan Thursday said if the expelled PTI leader Faisal Vawda confesses to submitting a forged affidavit with the Election Commission of Pakistan (ECP) his disqualification period could be reduced.

“If Vawda confesses to submitting a forged [citizenship] affidavit then he will be disqualified for one term; however, if the politician does not, then he will be disqualified for life,” Supreme Court said during the hearing of the petition against Vawda's lifetime disqualification from running or holding public office.

A three-member bench headed by the Chief Justice of Pakistan Umar Ata Bandial heard Vawda’s petition against his lifetime disqualification. The bench comprises of Justice Mansoor Ali Shah and Justice Ayesha Malik as members.

The court also ordered Vawda to bring a certificate proving his renunciation of US citizenship in the next hearing.

“Vawda should admit his mistake and be disqualified under 63(1) C, otherwise the court shall proceed with the case under 62(1) F,” the Chief Justice said, warning that there is enough material before the court to disqualify Vawda for life.

The expelled PTI leader challenged his lifetime disqualification following a verdict issued by the ECP.

ECP does not have power to disqualify: lawyer

Vawda’s counsel, Waseem Sajjad, argued that the ECP did not have the powers to disqualify his client for a lifetime and it was not a court of law either.

The ECP had declared Vawda ineligible to run for any public office in a verdict against the case regarding his knowingly submitting a forged affidavit regarding the status of his US nationality.

“The court ordered the former PTI leader to appear before the Supreme Court and confess that he changed the date in the dual citizenship certificate,” CJP Bandial said.

CJP Bandial further said there was enough material before the court that “easily proves Vawda submitted a forged affidavit”.

Adding to CJP’s remarks, Justice Ayesha Malik said Islamabad High Court (IHC) had the power to lifetime disqualification.

“Why can't the Supreme Court disqualify him for life in the light of the evidence available to the court? said Justice Mansoor Ali Shah, adding, "Vawda told many lies to cover up one lie”.

The IHC has rejected his plea, citing that the act of filing a fake affidavit with the court had severe consequences while a judgement of the SC’s larger bench was also available in which several parliamentarians have been disqualified.