IHC takes up Faisal Vawda's dual nationality case today

ISLAMABAD: The Islamabad High Court will take up Federal Minister for Water Resources Faisal Vawda's dual nationality case today (Wednesday). Vawda was a dual national at the time of filing nomination papers for general elections in 2018 and he concealed his American citizenship by falsely declaring on oath to the Election Commission of Pakistan (ECP) that he didn’t have any foreign nationality.

Vawda’s dual nationality was challenged by Mian Mohammad Faisal who argued that the minister held dual nationality while filing his nomination papers for the 2018 general elections. To avoid disqualification, Vawda submitted a false affidavit to claim that he was a Pakistani citizen only. He intentionally and deliberately submitted a false affidavit, by falsely deposing and undertaking that he has no nationality other than Pakistan, hence, he is not Sadiq and Ameen and should be removed from the position, the petitioner prayed.

The News report about Vawda's dual nationality was published in The News titled “A minister who was American when filed nomination papers” on January 20. Following the publication of the story, his dual nationality was been challenged before the Election Commission of Pakistan and the Islamabad High Court. The petitioner, Mian Faisal, has also prayed that the minister should be disqualified for concealing his dual nationality and lying on oath. Vawda should refund all the amount he received as salary and remuneration, accommodation allowances and other perks and privileges forthwith, he pleaded. A single-member bench comprising Justice Aamer Farooq will hear the case today.

On concealment of dual nationality, Vawda's PTI colleagues believe that whoever holds dual nationality at the time of submitting nomination papers is set to not only face instant disqualification but he can also be penalized for perjury. It is pertinent to mention here that the last date to file nomination papers for the July 2018 elections was June 8, which was later extended for another three days.

Taking his document an evidence, Vawda submitted election papers on the last date — June 11, 2018 — along with an affidavit wherein he declared himself holding no citizenship other than that of Pakistan. The Returning Officer (RO) of NA-249 Karachi, his electoral constituency, approved his nomination papers on June 18, 2018. It was only after this approval that Vawda applied for renunciation of his US nationality at the US Consulate, Karachi, meaning thereby he was an American citizen at the time of filing the papers. Vawda applied for the revocation of his American citizenship in the US Consulate Karachi on June 22, 2018 (Friday). Normally, the process of renunciation of US nationality takes a couple of weeks or even months because it requires clearance from all the relevant departments. However, the US Consulate issued the Certificate of Loss of Nationality to Vawda on the next working day i.e. June 25, 2018 (Monday), The News reported.

Vawda’s dual citizenship didn’t go unchallenged. His rival candidate Abdul Qadir Mandokhel of PPP moved the Sindh High Court in order to disqualify his candidature.

However, after a couple of court hearings, Mandokhel withdrew his petition from the apex court. Explaining the reason for pulling out, he told The News he did so “under immense pressure” not only from certain quarters but also from the leadership of his own party.

The Supreme Court of Pakistan in its judgment has categorically directed that the candidates who previously held dual nationality shall have the renunciation certificate at the time of filing of nomination papers. Various legislators were disqualified by the apex court on this count including almost all the major political parties of Pakistan.

Some of them had applied for renunciation of foreign citizenship much earlier but were unable to obtain the renunciation certificate at the time of filing of nomination papers because of the long process and they lost the membership due to this constitutional obstacle to becoming the member of parliament.