Kharral disqualified on being dual national.
The court also ordered recovery of all the monetary benefits drawn by Kharral during the period of his membership of the National Assembly. The three-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Gulzar Ahmed and Justice Sh Azmat Saeed issued the directive after conducting proceedings on the issue of members of assemblies holding dual nationality over which the court had already given its verdict declaring them as disqualified. The bench, in its order, said that despite its repeated directions a certificate for renunciation of Canadian citizenship under the Canadian Citizenship Act 1952 was not submitted by the respondent.
It said under the circumstances, it held that due to non-production of renunciation of the certificate at the time of filing of nomination papers during 2007-08 elections, Kharal stood as disqualified.
He had no authority to retain his office as member of the parliament as he had violated Articles 62 and 63 of the Constitution and required to be dealt in accordance with law as done with the cases of other former members of the parliament. The bench directed the Election Commission of Pakistan to issue a notification of his disqualification. The respondent was also directed to submit all the monetary benefits, including salary, perks and privileges and cost of accommodation etc; with the Secretary National Assembly within two weeks.
"He is also liable to be proceeded against and the ECP is directed to initiate proceedings against him without any delay," the bench declared.
The bench ordered the ECP to submit a compliance report within two weeks before the Registrar Office.
The bench further directed the Secretary ECP to submit till March 25, a list before the bench of those members, who stood disqualified under Article 63.
The same bench also dismissed a civil miscellaneous plea moved by Syed Mahmood Akhtar Naqvi, a petitioner, challenging a decision of Deputy Chairman Senate Sabir Baloch for not sending a reference against qualification issue of Minister for Interior Rehman Malik. The bench, however, told the petitioner that if he had any grievances against the decision of the Deputy Chairman Senate, he could file a separate petition.
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|Publication:||Balochistan Times (Baluchistan Province, Pakistan)|
|Date:||Mar 16, 2013|
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