Dual nationality holders cannot hold public office: SC

SC 4

The Supreme Court on Thursday passed a historic verdict in the dual nationality case, declaring all parliamentarians and provincial assembly members holding dual nationalities “ineligible to hold any public office” and rendering them disqualified as lawmakers of the country’s lawmaking bodies.
Those immediately affected by the court order include four members of parliament and seven members of provincial assemblies. The MNAs who stand disqualified are Chaudhry Zahid Iqbal‚ Farahnaz Isphahani‚ Farhat Mohammad Khan and Jamil Ahmad Malik.
The disqualified members of Punjab Assembly include Muhammad Akhlaq, Muhammad Ashraf Chohan‚ Chaudhry Wasim Qadir, Chaudhry Nadeem Khadim and Amna Buttar. Sindh Assembly’s disqualified members include Nadia Gabol and Dr Ahmad Ali Shah. Following the order, the Election Commission of Pakistan also de-notified all eleven members as lawmakers.
However, Interior Minister Rehman Malik avoided an immediate axing, as the court remarked that at the time of filing nomination papers for the 2008 Senate election, Malik made a false declaration to the effect that he was not subject to any of the disqualifications, therefore, reference would be required to be forwarded to the Senate chairman against Malik under Article 63(2) in view of the provision of Section 99(1)(f) of the Representation of People Act of 1976. Earlier, a three-member SC bench headed by Chief Justice Iftikhar Muhammad Chaudhry announced the short order on the petition filed under Article 184(3) of the constitution seeking disqualification of dual nationality holding MPs and MPAs due to violation of Article 63(1)(c) of the constitution. The bench had reserved the verdict on September 18.
According to the verdict, the court invoked Article 63(1)(c), stating, “A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign state”.
The court in its order said parliamentarians had to submit a declaration before the elections and if the same turned out to be false, he or she was liable to be disqualified from being elected or chosen as member of parliament or a provincial assembly for making misstatement or concealment of facts and it would also exposes him or her to criminal proceedings contemplated under Sections 193, 196, 197, 198 and 199 of PPC. The court directed the Election Commission of Pakistan to de-notify the memberships of the named MPs. The law states that a person shall not be qualified from being elected or chosen as a member of an assembly if “he is sagacious, righteous and non-profligate and honest and Ameen”.
In view of the false declaration filed by Malik at the time of contesting the election to the Senate in 2008, the court noted that he could not be considered sagacious, righteous, honest and Ameen within the contemplation of Section 99(1)(f) of the Act of 1976, the court observed.
“Therefore, for such purposes, Article 63(p) is to be adhered to because the disqualification incurred by him is envisaged under the law, referred to his own statement that he had renounced his citizenship of UK whereas the fact remains that such renunciation along with declaration can only be seen as having been made on May 29, 2012.” Like other parliamentarians, the court also ordered Malik to refund all monetary benefits drawn by him up until July 11, 2012 for the period during which he occupied the public office.
The court directed the Election Commission of Pakistan to initiate legal proceedings against Malik, as it has been directed in the case of other parliamentarians. Later, the Election Commission of Pakistan issued notifications of disqualification for eleven members of the national and provincial assemblies. The ECP also directed for instituting legal proceedings against those disqualified.



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12 Comments

  1. zardaritohell said:

    The Supreme Court is playing games. They don't seem to have the guts to go after the big fish like Rehman Malik. They only go after easy prey. The SC is equally responsible for the current situation in Pakistan.

  2. AISHA KHAN said:

    why not apply this formula on one London dual nationality holder resident,absconder,controlling daily politics of country,sadr sahib being his virtual slave for his power and wealth interests; altaff sahib ,the chief of mqm

  3. Shahid said:

    It is good that dual nationality holders have been axed. SC is supposed to be impartial and also supposed to like being impartial. We must remember that Shahbaz Sharif was elected MPA from Burewala. He took oath as MPA and then got himself elected as Chief Minister. Subsequently, he won Provincial Assembly seat from Rawalpindi. As per Constitution, he automatically stood de-seated from his Burewala seat. Petitition is pending before SC since then. Chaudhry is not taking up the case. His term is coming to an end. It will be no using hearing this matter after his term expires. It is sad that the biggest province is being ruled by a Chief Minister who is not even a Member of Punjab Assembly. Isn't this a mockery of justice???

  4. NazirKAli said:

    Viva! Viva! Viva! Viva! Viva! Viva! Viva! Viva! Viva! Viva! And one more Viva! Salams to SC.

    “May you come to the attention of those in authority……. Chinese proverb

  5. common-man said:

    Can a convicted and criminal hold public office and become a law maker? what about president

  6. Shahid said:

    Now Liar Rehman Malik better shaitan Malik is bonafied certified from highest court of law of the country a confirmed Liar it was known to every body but now he has a certificate

  7. Shahid said:

    Should it not apply on one London based dual nationality holder resident,absconder,controlling daily politics of country,sadr sahib being his virtual slave for his lust of power and wealth vested interests; ALTAFsahib ,the chief of mqm Agent of international agencies for his role .

    • Nazia said:

      Jinnah, laiquat ali Noon, etc and many others opted non Muslim families for their marriages and next generations .Even Jinnah's next generation is neither Muslim nor Pakistani.Only at the time of Bhutto this rule was strictly followed but bhutto was the one who made special case of Gen Faisal alvi who had foreign nationality and foreign passport wife to adjust him on Pakistan army.
      Now here is chain of bureaucrats/ military officers who have foreign passport wives and kids but one thing is very interesting going on for last 20 years that some politicians, serving bureaucrats and army officer's families who are on some mission of US projects have been allotted with US social security numbers and then they are given nationalities as per their income or work there etc.
      So Pakistan ruling group has become cocktail of more foreign and less local touch and what one can expect national duty from them .
      SC did historical effort to stop this wave of aliens grabbing our resources and key positions. so we should at least support this cause

  8. Truth Bites said:

    Pakistan suffers today because of role of men like MM Ahmed, Moeen Qureshi, Aziz Ahmed, Shaukat Aziz, Shoaib, Hafeez Sheikh, Nadeem ul Haq, Shahid J Burki, Altaf Hussain, HussainHaqqani, Wajid Shamsul Hassan, Maleha Lodhi, etc all of whom have one thing in common, corruption cum foreign nationality.

    • kaiser said:

      What about single nationality holders Ayub Khan, Yahya Khan, Zia ul Haq, and Musharraf? Pakistan suffers today and shall for a long time.

  9. faiza khan said:

    very good historic decision. the same should be applied for civil servants in pakistan. all civil servants should be removed from the public office those having dual nationality

  10. Rameez said:

    Would the PCO judges ever show the same zeal and interest in prosecuting unelected paid generals who have abrogated the constitution and committed acts of high treason? On the second thought the SC judges have no problems with salaried govt servants mutilating the constitution. Their beef is only with the elected leaders of Pakistan. The judges have and would always aid and abate in the worst crime against the country called high treason! In addition due to intense love and camaraderie with the fanatic terrorist killers, they would never prosecute and punish any of them and release them all.

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