Sindh High Court (SHC) on Thursday heard a petition seeking disqualification of Federal Water Resources Minister Faisal Vawda over allegedly concealing his dual nationality before the election.
The high court bench issued notices to Faisal Vawda, the Election Commission of Pakistan (ECP) and others and summoned their reply on the matter by March 12.
The matter will be decided after hearing the parties, the bench observed.
Advocate Qadir Khan Mandokhel in his petition said that the minister concealed his dual citizenship at the time of filing nomination papers from the election commission before the general election of 2018.
“When the matter was taken in the court, Faisal Vawda quietly applied to surrender his US nationality,” the petitioner claimed.
“The evidence suggests that Mr. Vawda was holding dual citizenship at the time of the polls”, petitioner said. “Thus he should be disqualified and be ordered to return all perks and privileges”.
The high court admitted petition for hearing.
Earlier, a petition was also filed in the Islamabad High Court (IHC) seeking disqualification of Faisal Vawda.
Justice Mohsin Akhtar Kiyani hearing the petition sought reply from Vawda till February 24 in dual nationality case.
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, the petition said.
The IHC had also served notices to the cabinet, law and justice ministry, the ECP and the Secretary National Assembly.
Supreme Court of Pakistan in its judgment over the issue had categorically directed that the candidates who previously held dual nationality shall have the renunciation certificate at the time of filing of nomination papers, the plea said.
Moreover, the election commission also hearing a petition seeking disqualification of the Water Resources Minister over allegedly concealing his dual citizenship.
The election commission had issued notices to the parties for hearing of the petition regarding submission of false affidavit.
Chairman Aman Taraki Party, Faiq Shah in his plea said that Vawda concealed his dual nationality and submitted a false affidavit in the election commission with his nomination papers.
The plea seeks Vawda’s removal from the public office under clause 62-1 (F) of the constitution.
Article 62(1)(f) of the Constitution pertains to the qualification of members of the Parliament.
The petition said that Faisal Vawda was a dual national when he had subimitted his nomination papers to contest election for a National Assembly seat and he concealed his dual nationality.
The petition said that the minister is no longer Sadiq and Ameen (truthful and trustworthy) as he filed a false affidavit with regard to his nationality.
Meanwhile, the Sindh High Court expressed its dismay over the Inspector General of Police (IGP) Sindh Dr Kaleem Imam on Thursday over delaying the DNA test process during the probe of rape cases province-wide.
Hearing a petition into a case regarding strict punishment for accused involved in sexual abuse of women, the court summoned the IGP Sindh and secretary home to appear in person at the proceedings.
SHC Judge Justice Mohammad Ali Mazhar asked them as to why reforms were not made and delay is being made in registration of rape victims’ cases.
During the proceedings, a victim’s counsel claimed that the police was charging amount for handing over the DNA test reports. To this, the judge asked the secretary home if there is an issue of funds.
He said that although may laws were made from the provincial authorities, however, still there is a severe lacuna in their implementation process. “Even the witnesses are yet to get protection.”
Saying that there is no screening process in the rape cases, the judge asked about the remedy in a case if an investigation officer refuses to conduct a DNA test.
To this, the IGP Sindh said the DNAs were performed in several rape cases and they are acting upon the laid down standard operating procedures (SOPs).
Kaleem Imam said that Karachi and Jamshoro varsities are conducting the DNAs from their own funds and he was completely following the 760 rape cases registered across the province.
The court while referring to a particular case said that the IO did not conduct a DNA in the case for six months despite a particular timeframe for it to determine the victim’s claim.
“Under these procedures, it looks that you people are damaging the cases and then people will blame the courts for letting the criminals go,” the judge said.
The court admonished the police authorities for their non-serious behaviour saying as to how a conviction could be made in such cases if there is a delay of two years in DNA reports.
The IGP Sindh offered the court to submit a detailed report regarding progress in all rape cases registered in the province within a week.
Separately, the Sindh High Court (SHC) on Thursday directed to form a three-member commission to probe into the examinations conducted by the Sindh Public Service Commission (SPSC) in 2003.
In its directives, the highest provincial court said that secretaries from the provincial law and services departments should be included into the committee that should submit a report into the matter with Chief Secretary within six months of its formation.
“The chief secretary should notify a three-member body to probe into the matter within 15 days of the court directives,” the provincial court’s bench hearing into the petition said adding that no action should be taken against anyone without issuing a show-cause notice.
The commission is directed to listen to all sides and pinpoint responsibility against the officials involved in irregularities during the SPSC examinations.
It further said that those who passed the examinations during the said period should also be heard during the probe.
The commission should thoroughly conduct a probe from the failed and passed candidates.
The court further remarked that institutions could not move forward unless their recruitments are made on merit. “We hope the SPSC to act in a non-partisan and on merit basis,” he said.
In March 2017, the Supreme Court of Pakistan nullified examinations and interviews conducted under the Sindh Public Service Commission (SPSC) since 2013 and issued fresh orders for candidates to undergo the same recruitment procedure.
The SC bench ordered the authorities to re-conduct written test of the candidates during the said period. According to figures available, as many as 27,000 candidates took part in the exams during the last four years.
The court observed that appointments made during the said period were not transparent.
