Vawda can't be disqualified as he already resigned as MNA: IHC.

ISLAMABAD -- The Islamabad High Court (IHC) on Wednesday ruled that it could not disqualify Federal Minister Faisal Vawda as he had already resigned from his National Assembly seat.

A single bench of IHC comprising Justice Aamer Farooq conducted hearing of the petition moved by Barrister Jahangir Jadoon against the PTI leader for allegedly concealing his US nationality at the time of filing his nomination papers to contest the last general elections.

Justice Aamer Farooq announced the verdict which it had reserved after Vawda submitted his resignation from the National Assembly before the court. However, the bench sent the matter of filing 'false' affidavit to the Election Commission of Pakistan (ECP). It added that the ECP should probe and decide the matter related to the PTI leader's allegedly false affidavit.

In its 13-page judgement, the IHC bench declared about the minister's affidavit that was submitted to the Election Commission of Pakistan (ECP), 'prima facie the affidavit is false'. It continued that there are consequences of submitting a false affidavit according to the judgement of the Supreme Court of Pakistan.

Justice Farooq noted in the verdict, 'However, the question of false affidavit still is pertinent as was argued by the learned counsel for the petitioner.' He said that in Speaker National Assembly and others vs Habib Akram and others, the Supreme Court of Pakistan clearly observed that furnishing a false affidavit 'shall have consequences.'

The judgement read, 'In this behalf, prima facie the affidavit is false; however, under Article 62 (1)(f) of the Constitution if someone is to be held as not being Sadiq and Ameen a declaration has to be made to the effect by Court of law.'

The bench mentioned, 'Moreover, the furnishing and tendering false affidavit also has consequences under Pakistan Penal code, 1860 as well as in light of the observations of the Apex Court.'

The IHC bench stated, 'Since the affidavits were tendered before the Election Commission of Pakistan it is just and proper that the Election Commission of Pakistan probes into the matter of...