Dual national lawmakers: AG ‘advises’ ECP to proceed with caution

In a letter to poll chief, Qadir questions court’s mandate to direct commission.

ISLAMABAD:

A day after the Election Commission of Pakistan (ECP) said it would initiate criminal cases against lawmakers disqualified for holding dual nationality, the chief law officer of the country advised the election watchdog to proceed with caution. 

In a letter written to the Chief Election Commissioner Fakhruddin G Ibrahim on Thursday, Attorney-General Irfan Qadir questioned the Supreme Court’s “mandate” to issue directions to the election watchdog to initiate proceedings against the disqualified lawmakers.

“…I take the opportunity to request you to kindly proceed in the matter in accordance with the relevant provisions of the Constitution … while determining whether the Supreme Court is mandated by the Constitution to issue directions to the Election Commission of Pakistan or not,” said the attorney-general in his letter.

Qadir’s ‘advice’ comes a day after the ECP decided that a dozen lawmakers, including Interior Minister Rehman Malik, would face criminal proceedings. It was determined that the lawmakers had violated the law that barred dual nationality holders from becoming legislators – and in many cases committed perjury before both the ECP and the court.

The two-page letter, which included excerpts from the judgment passed by the apex court’s September 20 order, stated that “the Election Commission of Pakistan has the exclusive obligation to determine the questions of disqualification as per the relevant constitutional provisions and as such the ECP is not to perform its functions on the directions of any court in Pakistan including the Supreme Court.”

Qadir added that “as principle law officer of the country, I feel compelled to draw your attention to the aforesaid decision so as to enable you to take steps in terms of Article 5 of the Constitution read with your oath of office for protecting and preserving the Constitution.”

Article 5 of the Constitution, which relates to loyalty to State and obedience to Constitution, reads, “(1) Loyalty to the State is the basic duty of every citizen (2) Obedience to the Constitution and law is the [inviolable] obligation of every citizen wherever he may be and of every other person for the time being within Pakistan.”

The ECP had also decided on September 24 to hold by-elections on constituencies that have been rendered vacant due to the disqualification of the lawmakers following the Supreme Court’s order. 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 –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 Qaumi Movement (MQM) legislators, MNA Farhat Mehmood Khan and Member of the Sindh Assembly Nadia Gabol, were also disqualified. Under the law, the disqualified lawmakers could face up to three years imprisonment; Rs5,000-fine and disqualification for five years from being elected as a member again.

There is no timeframe regarding when the judges would decide their cases; however, the commission has decided to deal with Interior Minister Malik’s case separately.

(Read: Punitive action)

Published in The Express Tribune, September 26^th, 2012.