Dual nationality: Disqualified lawmakers to face criminal charges

ECP starts process; members can face up to 3-year imprisonment, five-year ineligibility.

ISLAMABAD:

The Election Commission of Pakistan (ECP) has decided that Interior Minister Rehman Malik will face criminal proceedings along with 11 other lawmakers disqualified from their seats on account of possessing dual nationality.

In a meeting on Monday, the ECP also decided to hold by-elections on constituencies that have been rendered vacant due to the disqualification of the 11 members following the Supreme Court’s September 20 order.

The commission has decided to ask its provincial chapters to file references against the 11 members in the courts of district and sessions judges of their respective areas.

Those who have been disqualified include: Jamil Ahmad, Muhammad Akhlaq, Chaudhry Wasim Qadir, Dr Muhammad Ashraf Chohan and Chaudhry Nadeem Khadim from the Pakistan Muslim League-Nawaz (PML-N).

The ruling Pakistan Peoples Party (PPP) has lost four legislators including MNAs Chaudhry Zahid Iqbal and Farah Naz Ispahani, Member of the Punjab Assembly Amna Buttar and Member of the Sindh Assembly Dr Ahmad Ali Shah.

Two Muttahida Quami Movement (MQM) legislators, MNA Farhat Mehmood Khan and Member of the Sindh Assembly Nadia Gabol, were also disqualified.

Under the law, these members can face up to three years imprisonment, Rs 5,000 fine and disqualification for five years from being elected as members again.  There is no timeframe regarding when the judges would decide these cases, however, the commission has decided to deal with interior minister Malik’s case separately.

Speaking at a press conference after the meeting, ECP Secretary Ishtiak Ahmad Khan said that, under Article 63 (1)(C) of the Constitution, holders of dual nationality cannot be elected or continue as members of parliament or provincial assemblies. However, he conceded that the clause was never implemented in letter and spirit.

Khan said Malik’s case was distinct since he claimed that he had applied to get his British nationality renounced when he was elected as a member of the Senate in 2008. He had also resigned as Senator and contested fresh elections to retain the seat.

The ECP secretary, however, said that the interior minister still faces the charge of mis-declaration at the time of submitting his nomination papers in 2008. He said, under the law, the chairman of the Senate was supposed to refer the disqualification reference against Malik to the commission within 30 days. If this was not done within the specified period, it would be considered to have been received automatically, he warned. The commission will wait for a reference regarding Malik from Senate chairman before moving ahead in his case.

An official statement issued after the meeting said that the ECP observed that it has been making extensive efforts to obtain information regarding the dual nationality of parliamentarians and members of provincial assemblies for over two years from the concerned ministries. Only recently did the commission propose that a formal declaration regarding status of nationality should be included in the form that is filled out annually by legislators regarding their assets and liabilities.

The statement added that this will help in obtaining the requisite information on a continuous basis — and the proposal is awaiting the approval of the president. The commission further called for a declaration to be obtained from all legislators regarding their citizenship status at the time they had filed nomination papers.

The commission also considered the issue of bringing on the 2012 electoral rolls all the new CNIC holders and directed that the exercise of enrolling new CNIC holders in the electoral rolls should be initiated immediately.

(Read: Punitive action)

Published in The Express Tribune, September 25^th, 2012.