If Interior Minister Rehman Malik is convicted for violating constitutional provisions and Representation of People's Act 1976, he will be unable to hold any public office or be a member of any political party, former Secretary Election Commission of Pakistan (ECP) Kanwar Muhammad Dilshad stated exclusively to Business Recorder.
He said Rehman Malik will face disqualification for three to four years at least as action against him will be taken under Section 78 of the Representation of the People Act, 1976 read with sections 82 and sections 193, 196, 197, 198 and 199 of the Pakistan Penal Code (PPC).
He said Chairman Senate will examine the case under Article 63 (1) (2) of the Constitution and he is bound to send a reference against the senator to the ECP with his observations, while action will be taken by the Election Commission. "If someone is found guilty of submitting false evidence, under section 193 of PPC, he or she could be punished with imprisonment which may extend to seven years," he added.
The SC short order referred Malik's case to the Senate Chairman under Article 63(2) of the Constitution, in view of section 91(1)(f) of the Act of 1976, which states, "a person cannot be qualified to be elected or chosen as an assembly member unless he or she is sagacious, righteous, honest and non-profligate."
The apex court said in its order: "As regards the case of Senator A Rehman Malik, it may be noted that at the time of filing of nomination papers for election to the Senate held in the year 2008, he had made a false declaration to the effect that he was not subject to any of the disqualifications specified in Article 63 of the Constitution or any other law for the time being in force for being elected as a member of the parliament/provincial assembly."
It further said Article 63(2) of the Constitution states that a "person shall not be qualified from being elected or chosen as a member of an assembly unless he is sagacious, righteous and non-profligate and honest and Ameen (faithful)." When contacted, counsel for Rehman Malik, Barrister Anwar Mansoor maintained that the court only made an observation which will be considered by the Senate Chairman. The Senate Chairman is the ultimate authority to decide my client's fate now, he added.
The counsel clarified that the apex court's ruling did not affect his client's current membership of parliament and that he would continue to be a Senator and a federal minister. He said the court had referred the issue of a false declaration made by Malik about his dual nationality at the time of contesting the 2008 election to the Chairman of the Senate. Responding to a question, he said the decision pertaining to initiation of criminal proceedings against Malik would be taken by a concerned court. Mlik's name with MPs holding dual nationality sparked widespread curiosity about his future. But he defended his case by claiming before the Supreme Court that he had abandoned his British nationality in 2008 on the directives of late Benazir Bhutto and President Asif Ali Zardari.
Malik failed to satisfy the top court and could not submit documentary evidence to substantiate his claims of revoking his dual nationality. This prompted the apex court to suspend his Senate membership in June and soon after the SC verdict, he was blessed with a slot of advisor to prime minister on interior with the status of a federal minister.
After his suspension as senator, Malik came up with another claim that he had applied for renunciation of his UK citizenship long ago, but yet to get the approval letter from the British Home office. Meanwhile, he stepped down form his Senate seat but after passage of three weeks, he was reelected from Sindh as Senator but this time he was possessing renunciation documents of his British nationality.
It is believed this will be a test case for Senate Chairman Syed Nayyar Bokhari. He faces the same situation his National Assembly counterpart Dr Fehmida Mirza faced during former premier Yousuf Raza Gilani's contempt case. When Mirza refused to initiate a reference against Gilani, the SC disqualified him while ignoring her ruling.
Comments
Comments are closed.