District and Sessions Judge Tariq Iftikhar Ahmad on Monday acquitted former Pakistan Muslim League-Quaid National Assembly member Begum Shahnaz Sheikh in a dual nationality case filed against her by the Election Commission of Pakistan (ECP).
Shahnaz Sheikh had filed an application seeking acquittal under Section 265-K of the Criminal Code of Procedure (power of the court to acquit accused at any stage).
Counsel for Sheikh said that his client had mentioned in her nomination forms that she was an Australian national and owned property in Australia. He said that his client could have been de-notified but she had resigned before that happened. He said that Sheikh could not be tried under the Pakistan Penal Code or the Representation of People Act 1976 as she had never lied about her nationality.
The counsel brought up the judgement of Lahore High Court’s Multan Bench in Zahid Iqbal vs State acquitting him after the Sahiwal district and sessions judge convicted him.
The ECP counsel opposed the motion saying it was not the proper stage in the case for an application under Section 256-K. He said if the accused was innocent she could be acquitted after the trial ended. He said the apex court had given directions to de-notify candidates who had dual nationality and to try them under the PPC and Representation of People Act, 1976.
After arguments from both sides, the court acquitted Sheikh.
The ECP has also filed a complaint against Sheikh for allegedly forging ECP documents in connivance with some ECP officials. However, the police are yet to submit a challan in that case.
Sheikh was disqualified by the apex court on October 17, 2012, for being an Australian national. The court had asked the National Assembly secretary to recover all payments made to the MNA while she held public office. The ECP had been ordered to proceed against her under the law.
After the SC directions, the ECP lodged a complaint against her with a district and sessions judge in Lahore. The ECP said the former MNA had contested the 2008 polls and filed nomination papers before returning officers declaring on oath that she was qualified under Article 63(1) (C) and was not subject to disqualification. But the MNA had made a false declaration under Sections 78 and 82 of the Peoples Representation Act 1976 and PPC sections, including 193 (submitting false evidence), 196 (using evidence known to be false), 197(signing a false certificate), 198 (using as true, a certificate known to be false) and 199 (false statement).
Published in The Express Tribune, June 3rd, 2014.