News
Tuesday, September 25, 2012
ECP launches action against ousted parliamentarians* Commission sends cases of 12 MPs to sessions courts for legal proceedings against them over making false statements
By Tahir Niaz
ISLAMABAD: Referring the cases of 12 parliamentarians disqualified for having dual nationalities, including Interior Minister Rehman Malik, to the sessions courts concerned for initiating legal proceedings against them, the Election Commission of Pakistan (ECP) on Monday made it clear Malik was still a member of the Senate and legitimate interior minister, however, his fate would be decided once the ECP receives a reference against him from the Senate chairman.
The ECP met under the chairmanship of Chief Election Commissioner Justice (r) Fakharuddin G Ibrahim to discuss and deliberate a number of issues, including the Supreme Court order of September 20 regarding dual citizenship. ECP Secretary Ishtiaq Ahmed while briefing the media after the meeting said the ECP unanimously decided to send complaints against the disqualified parliamentarians and members of provincial assemblies, including Malik, to the sessions courts concerned with a direction that legal proceedings be instituted against them for making false declarations while filing their nomination papers and thus committing corruption under Section 78 of the Representation of the People Act, 1976 read with Section 82 thereof and sections 193, 196, 197, 198 and 199 of the Pakistan Penal Code.
To a question, the secretary said the commission will de-notify Malik as a senator once it receives a reference in this regard from the Senate chairman, making it clear the chairman has little margin to disagree with the SC judgement in the case. When asked if the Senate chairman does not send reference against Malik within stipulated time of 30 days, the secretary said the ECP would take required action.
The secretary said further if one is convicted by a sessions court for malpractice, he is disqualified to be member of parliament and provincial assembly. “The convict cannot take part in elections for five years,” he said. He said the sessions court could punish the disqualified MPs and MPAs with three years’ imprisonment, fine of up to Rs 5,000 or both. However, they could file an appeal against their conviction, he added.
Khan said ECP repeatedly sought details of dual nationality holding parliamentarians and members of provincial assemblies from the secretaries of National Assembly, Senate, Interior Ministry, Overseas Pakistanis Ministry, Foreign Ministry, and all provincial assemblies, but got no reply. “The ECP has now sent a reminder to the secretaries to comply with the ECP orders and obtain the names of such parliamentarians and members of the provincial assemblies who have dual nationality and send this information to the ECP,” he said.
Courtesy www.dailytimes.com.pk