| Citation(s) |
|---|
| 2018 SLG 2926 2018 SLD 2926 2018 PLJ 734 |
Supreme Court of Pakistan
C.R.P. Nos. 242, 243 and 245 of 2012 in Const. P. No. 5/2012, C.M.A. No. 3446 of 2012 in C.R.P. Nil/2012 in Const. P. No. 25/2012, C.R.P. No. 311 of 2012 in C.M.A. No. 4089/2012 in Const. P. No. 5/2012 and C.M.A. No. 5113 of 2012 in C.R.P.NIL/2012 in Cons
MIAN SAQIB NISAR, HCJ UMAR ATA BANDIAL, JUSTICE IJAZ-UL-AHSAN, JUSTICE
Nemo (in C.R.P. No. 245/2012 and C.M.A. No. 3446/2012 in C.R.P. No. Nil/2012). Nemo (in C.M.A. No. 5113/2012). Mr. Shoaib Shaheen, ASC (For Dr. Aresh Kumar). Mr. Makhdoom Ali Khan, Sr. ASC (For Murad Ali Shah). Mr. Salman Akram Raja, ASC, (For Arif Az
C.R.P. Nos. 242, 243 and 245 of 2012 in Const. P. No. 5/2012, C.M.A. No. 3446 of 2012 in C.R.P. Nil/2012 in Const. P. No. 25/2012, C.R.P. No. 311 of 2012 in C.M.A. No. 4089/2012 in Const. P. No. 5/2012 and C.M.A. No. 5113 of 2012 in C.R.P.NIL/2012 in Cons
MIAN SAQIB NISAR, HCJ UMAR ATA BANDIAL, JUSTICE IJAZ-UL-AHSAN, JUSTICE
Nemo (in C.R.P. No. 245/2012 and C.M.A. No. 3446/2012 in C.R.P. No. Nil/2012). Nemo (in C.M.A. No. 5113/2012). Mr. Shoaib Shaheen, ASC (For Dr. Aresh Kumar). Mr. Makhdoom Ali Khan, Sr. ASC (For Murad Ali Shah). Mr. Salman Akram Raja, ASC, (For Arif Az
DR. AHMED ALI SHAH AND OTHERS
VS
SYED MEHMOOD AKHTAR NAQVI AND OTHERS
Law: Representation of the People Act, 1976
Section: 78,82
Law: Constitution of Pakistan, 1973
Section: 63(1)f
Law: Pakistan Penal Code, 1860
Section: 193,196,197,198,199
Representation of Peoples Act, 1976 (LXXXV of 1976)-- ----Ss. 78 & 82--Pakistan Penal Code, (XLV of 1860) Ss. 193, 196, 197, 198 & 199--Constitution of Pakistan, 1973, Art. 63(1)f--Review petition against order dated 20.9.2012--Disqualification from Membership of Parliament (Majlis-e-Shoora)--Petitioners were failed to disclose citizenship of foreign states in nomination papers--False declaration before Election Commission--Guilty of corrupt practices--Refund of monetary benefits--Public office--Validity--It appears that petitioners who are mostly Pakistani nationals/citizens by birth had acquired citizenship of other countries with a few exceptions where they were born in foreign countries to Pakistani parents and had therefore automatically and without any positive steps on their part acquired nationality of their respective places of birth. It further appears that despite such dual citizenship/ foreign nationality, petitioners filed nomination papers for elections to Parliament (Majlis-e-Shoora)/Provincial Assemblies in year 2008. They filed nomination papers which included a declaration under Oath toeffect that to best of their knowledge they were not disqualified from contesting elections for Parliament (Majlis-e-Shoora)/Provincial Assemblies. Such declarations had invariably been signed by petitioners--It is however equally clear that there was no specific provision/column in nomination papers that required petitioners to disclose their foreign nationality/dual citizenship or to state details of same. Constitution of Pakistan, 1973-- ----Art. 63(1)(c)--Representation of Peoples Act, 1976, Ss. 78 & 82--Pakistan Penal Code, (XLV of 1860), Ss. 193, 196, 197, 198 & 199--Disqualification--Guilty of corrupt practices--Refund of mandatory benefits--All findings recorded in order dated 20.09.2012 relating to disqualification of petitioners from being Members of Parliament (Majlis-e- Shoora)/Provincial Assemblies in terms of Article 63(1)(c) of Constitution shall remain intact, unchanged, unmodified and in full force--Finding that petitioners appeared to be guilty of corrupt practices in terms of Section 78 of RoPA and direction to Election…
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