Dual nationality case: Faisal Vawda asked to submit reply by March 10

ISLAMABAD: When did he surrender his American citizenship? Whether he concealed his dual nationality at the time of filing nomination papers or not? The Election Commission of Pakistan (ECP) has asked Federal Minister for Water Resources Faisal Vawda to clarify these allegations and submit his written reply by March 10.

Vawda allegedly concealed his dual nationality and lied on oath before the ECP authorities that he was a Pakistani national only. However, contrary to his claim, documents revealed that he was an American national at the time of filing nomination papers in General Elections 2018.

The ECP received four petitions challenging dual nationality of the federal minister. The first hearing of the case was held on February 03 and the petitioners were asked to submit verified documents including the renunciation letter attested by the US Embassy in Pakistan.

The petitioners accordingly approached the American Consulate Karachi to get the loss of nationality certificate attested. But they were refused as the information regarding loss of one’s nationality comes under the category of “Private Information”.

The second hearing of Faisal Vawda’s dual nationality case was held yesterday (Thursday) and counsel for the accused appeared before the ECP for the first time. The ECP authorities have directed the minister through his counsel to submit his reply by March 10.

Mian Asif Mehmood, one of the petitioner in Faisal Vawda’s dual nationality case, while talking to The News said the Commission had directed the accused to submit his reply along with their exhibits till March 10.

“Initially the ECP directed us to submit certified documents against Faisal Vawda. However, I have argued before the Commission that under Article 76 and 77 of Qanun-e-Shahadat Order, 1984 Vawda should produce the original documents before the ECP as he is in possession of those documents. The burden of proof is now on the accused; therefore, he should present the original surrender certificate before the Commission. The renunciation letter will clarify the position and if he was not a US citizen at the time of filing nomination papers our case will be disposed of. It is very simple!” commented Mian Asif.

Asked whether the Commission had directed the accused to submit his renunciation letter, Mian Asif said it was understood that the accused (Vawda) will have to present the original documents along with his reply as exhibit. If he does not submit the supporting documents with reply then it will have no legal standing before the court of law. Therefore he has to present the original documents to counter the allegations, he said.

When contacted, Faisal Vawda’s lawyer Mr. Muhammad said he cannot comment on the proceedings as he hasn’t received the written order of ECP.

It is pertinent to mention that the Supreme Court in its recent 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 top court on this count; included among them are two senators of PML-N. Both of them had applied for the renunciation of foreign citizenship much earlier but were unable to obtain the renunciation certificate at the time of filing of nomination papers because of long process.

The last date to file nomination papers for the elections held in July 2018 was June 8 and later extended for another three days. Taking his document as 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 Pakistani. 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 in US Consulate Karachi meaning thereby he was American citizen at the time of filing but he deceived the ECP authorities.

Vawda applied for revocation of his American citizenship in 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 concerned departments. However, the US Consulate issued the ‘Certificate of Loss of Nationality’ to Vawda on next working day i.e. June 25, 2018 (Monday), reveal the documents available with The News.