Faisal Vawda disqualification: IHC says no objection if minister was not US citizen

ISLAMABAD: The Islamabad High Court (IHC) said that there is no problem if Federal Minister for Water Resources Faisal Vawda was not a US citizen when he filed his nomination papers. 

These remarks were said by Justice Amir Farooq, who was holding a hearing into the Faisal Vawda disqualification case on Thursday. 

Read more: IHC approves plea to expedite hearings of Faisal Vawda disqualification case

The petitioner, Mian Faisal Advocate, has alleged that the PTI leader was a US citizen when he filed his nomination papers to contest the election from Karachi. Faisal had alleged that the water resources minister had hidden this fact from the Election Commission of Pakistan (ECP) and not disclosed his dual nationality in the nomination papers. 

When the hearing began, Barrister Jahangir Jadoon argued the case on behalf the petitioner while Vawda's attorney, Mohammad bin Mohsin took  back his Vaqalatnama and in his place, Haron Dagal presented his Vaqalatnama as Vawda's new lawyer. 

Justice Amir Farooq said that half of the arguments in the case had been heard. "The petitioner's case is that Vawda was a US citizen when the nomination papers were filed. We summoned records from the ECP. This entire case is based on dates," he said to both parties. 

Vawda's attorney requested the court to issue an order through which his client could be provided the ECP's documents and the minister be allowed some time to respond. 

"The nomination papers and affidavit submitted were by you [client]," responded Justice Amir Farooq. 

The judge then said that this was a quo warranto case (a writ or legal action requiring a person to show by what warrant an office or franchise is held, claimed, or exercised). 

"This case is about de-seating someone. If Faisal Vawda was not an American citizen [at the time] then there is no problem," he said. 

The court accepted the request put forward by Vawda's lawyer and suspended the hearing till December 15. 

Faisal Vawda dual citizenship case

Vawda had won the 2018 general election from Karachi's NA-249 constituency.

In January this year, an investigative report published in The News had revealed that Vawda may have committed perjury by falsely declaring in an oath to the ECP that he did not hold any foreign nationality.

According to The News, Vawda was in possession of a United States passport at the time he filed his nomination papers on June 11, 2018. The minister remained an American national even at the time the scrutiny of his nomination papers were completed.

The Supreme Court of Pakistan in a past judgment has categorically ruled that candidates who hold dual nationality are supposed to submit a renunciation certificate of the foreign nationality along with their nomination papers.

The same judgment has previously led to the disqualification of various lawmakers, notable among whom Pakistan Muslim League-Nawaz (PML-N) senators Saadia Abbasi and Haroon Akhtar.