ISLAMABAD: Many may be expecting the disqualification of Pakistan’s federal Interior Minister Rehman Malik any time after perceived expiry of a 30-day deadline given to the Senate chairman for sending a reference against him to the Election Commission, but a legal hitch might delay the process for an indefinite period, sources said yesterday.
The sources in the Senate secretariat disclosed that the Senate chairman had not yet received any reference from the Supreme Court in line with its judgment in the dual nationality case pronounced a month ago.
The judgment reads, “therefore a reference will be required to be made to the Senate Chairman under Article 63 (2) in view of the provision of Section 99 (1) (f) of the Act of 1976, which lays down that a person shall be disqualified from being elected or chosen as a member of an assembly unless he is sagacious, righteous and non-profligate and honest and ameen.”
The source said under the law, the Senate chairman would have to determine within one month whether a disqualification had taken place or not after the receipt of a reference from the Supreme Court clearly mentioned in the judgment.
A senior official of the Election Commission said the commission could act against Malik only after receiving a disqualification reference from the Senate chairman.
He referred to the confusion arising out of the judgment’s wording and wondered when the deadline available to the Senate chairman would expire.
He indicated that the commission would act only either on receiving a reference from the Senate chairman or getting clear directions from the apex court.
The official said in the case of former Prime Minister Yousuf Raza Gilani, the Election Commission had acted only after the Supreme Court had given clear directions to de-notify his election after finding him guilty of contempt of court and after the National Assembly speaker ruled that Gilani was not guilty of contempt.
He said legal proceedings against Malik had already been initiated on the directive of the Supreme Court and the matter had been referred to the district and sessions judge concerned.
Some legal experts believe that the Senate chairman is not to apply his mind in the cases where an allegation of violation of Article 63 by a senator stands proved.
They say that a reference automatically stands referred when the court finds somebody guilty of an offence falling under any of the disqualification clauses.
But no action from the Election Commission is in sight for the moment.
The sources said the commission would meet on Monday, but the issue of Malik?s disqualification was not on its agenda.
A source said the commission had not received the reference from the Senate chairman till Friday.
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