Malik files review petition in SC
24 October, 2012
ISLAMABAD: Interior Minister Rehman Malik on Tuesday filed a review petition in the Supreme Court against its September 20 judgement, in which the Election Commission of Pakistan had been directed to initiate legal proceedings against him for filing a false declaration at the time of filing nomination papers in 2008.
Rehman Malik has moved a petition under Article 188 of the constitution through his counsel Anwar Mansoor Khan. The Supreme Court on September 20 in dual nationality case declared 11 parliamentarians disqualified from being members of parliament for acquiring citizenship of foreign states. It directed the ECP to de-notify the memberships of parliament/assemblies of these legislators.
Rehman Malik said in his petition that to hold and declare a person as such could only have been done after due notice and opportunity of being heard, under Article 10(A) of the constitution and Qannon-e-Shahadat. He stated that dual citizenship is permitted by the Citizenship Act 1951. The court, he argued, has committed a gross error in law in declaring him disqualified on the ground of mere acquisition of a foreign state's nationality and that too at a stage much prior in point of time to the filing of his nomination papers.
Meanwhile, Interior Minister Rehman Malik seems to have survived as a member of parliament for the time being, as the Election Commission of Pakistan (ECP) on Tuesday decided not to proceed further in his dual nationality case after Senate deputy chairman opined there was no question of his disqualification as a legislator.
The commission met with Chief Election Commissioner Fakharuddin G Ebrahim in the chair. ECP sources said keeping in view the opinion of Senate Deputy Chairman Sabir Baloch on Malik's disqualification – in the reference he sent to the CEC – no further proceedings would be conducted against the minister. The reference states there was no question of Malik's disqualification.
ECP sources believed Malik's survival seemed short-lived as in the case of former premier Yousaf Raza Gilani. They said if anyone approached the SC for Malik's disqualification, there is a possibility the court would go ahead with it.
Earlier on Tuesday, Malik also filed a review petition against the SC's judgement. He said the case was taken up against him on the request of an absconder and proclaimed offender and that neither he was issued a notice, nor was he given the chance to be heard in court.