Dual nationality case: SC gives Malik 24 hours to prove renouncement

Published: May 30, 2012

Rehman Malik may lose parliament membership if required documents are not submitted tomorrow. PHOTO: FILE

ISLAMABAD: During the hearing of the dual nationality case, the Supreme Court rejected the documents submitted by Interior Minister Rehman Malik and said he had one day to prove that he has renounced his British citizenship, Express News reported on Wednesday.

The minister’s failure in satisfying the court by showing the receipt of the payment made to forgo his British citizenship may cause him to lose his membership in the parliament.

“You are showing us the form,” said Chief Justice Iftikhar Muhammad Chaudhry to the minister’s counsel, Chaudhry Azhar. “Show us the declaration renouncing his (British) citizenship.”

The court also directed Attorney General (AG) Irfan Qadir to write to the national and provincial assemblies for information regarding MNAs and MPAs with dual nationalities.

Earlier, Malik’s lawyer had failed to produce any evidence of Malik renouncing his British citizenship. He had submitted an affidavit before the court stating that he renounced his citizenship in 2008, but has failed to produce the required evidence.

The counsel had tried to shift the court’s attention towards technical issues of the documentation. The bench did not accept this and reaffirmed that all he had to do was show the receipt of the payment made to forgo the citizenship.

During the last hearing, the Supreme Court suspended the National Assembly membership of Farahnaz Ispahani, media adviser to President Asif Ali Zardari, for holding a US citizenship and warned Malik over the matter too.

Giving an extension to the interior minister as per his request to provide the receipt, the court had warned that if he failed to provide it, his membership in the parliament would also be suspended on May 30.

The court was hearing a petition filed by Mahmood Akhtar Naqvi, who alleged that Rehman Malik held British nationality.

Correction: An earlier version of this story incorrectly stated “membership in the National Assembly” instead of “membership in the parliament”. The correction has been made.

Reader Comments (55)

  • Word Life
    May 30, 2012 - 10:57AM

    @ ET Please correct the following statement

    “The minister’s failure in satisfying the court by showing the receipt of the payment made to forgo his British citizenship may cause him to lose his membership in the National Assembly.”

    Mr. Abdul Rehman Malik is a Senator not a member of National Assembly

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  • Logic Europe
    May 30, 2012 - 11:06AM

    the Suprem court is de facto running the country so it should also accept criticism for all the problems the country faces

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  • May 30, 2012 - 11:09AM

    SC Please Make it Happen !! Today !

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  • citizen
    May 30, 2012 - 11:10AM

    why SC took action so late ? its almost PPP’s tenure end. What is the point now ? We all know that PPP’s followers are being indifferent to SC’s orders. Anyways a good example for new/next comers if SC verdict is enacted upon.

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  • Asad
    May 30, 2012 - 11:16AM

    Inshallah…………

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  • Yousuf Raza Gillani
    May 30, 2012 - 11:20AM

    Why doesn’t he leave?

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  • Raj - USA
    May 30, 2012 - 11:32AM

    Looks like Nusrat Javed’s prediction in Bolta Pakistan is true. He predicted that something major is going to happen in Pakistan within the next 18 to 36 hours.

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  • Owais Ehsan
    May 30, 2012 - 11:32AM

    Shouldn’t these things be done prior to the appointment into public office ?

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  • vigilant
    May 30, 2012 - 11:38AM

    Here we go…..all elite class MPs holding dual nationality will go to their escape routes……Well done SC……MPs with dual nationality are biggest obstacle to recover looted wealth of Pakistan…….

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  • ahmed
    May 30, 2012 - 11:43AM

    when these our beloved Politicians love soo much our country Pakistan, that they can even give their life for it, then why they keep nationalities for other countries? as a backup plan? to run away?.

    for Mr Malik i am sure he can give up Pakistani nationality any time but British nationality is a little hard to give away.

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  • Justice
    May 30, 2012 - 11:44AM

    Is there any other legal issue in this country?

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  • bilal
    May 30, 2012 - 11:56AM

    court has finally issued a 24 hour notice.. wake up guys he is in the government since 4 years.

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  • Umer
    May 30, 2012 - 12:07PM

    Too little too late. They are almost done with their term and the damage. He will certainly drag the case for a few more months till the end of governments term.

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  • Blithe
    May 30, 2012 - 12:09PM

    Proud of the Supreme Court.

    Civil servants , diplomats , security/ army, parliamentarians must
    not have dual nationality as they then try to bypass the national laws.

    No exceptions must be entertained!

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  • Shaheer Malik
    May 30, 2012 - 12:18PM

    Mr. Rehman Malik will renounce Pakistani citizenship instead of UK

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  • Jat
    May 30, 2012 - 12:24PM

    @Yousuf Raza Gillani: Where will this poor stateless homeless person go ?

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  • Blithe
    May 30, 2012 - 12:32PM

    Rehman Malik will be welcomed in PTI on issue of dual nationality.

    Rehman Malik will also help cement alliance between PTI and MQM.

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  • Concerned
    May 30, 2012 - 12:36PM

    The IM should follow the steps of his leader and take a stand against the judiciary who is bent upon toppling the govt on one pretext or the other.

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  • DevilHunterX
    May 30, 2012 - 12:50PM

    @Raj – USA:
    Something major is always happening in the 18 to 36 hours.

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  • Salman Sheikh
    May 30, 2012 - 12:59PM

    Hahaha a form?? r u kidding

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  • Sunny
    May 30, 2012 - 1:07PM

    CJ Sahab Please disqualify him from his membership today ….. very hard to wait an other 24 hours for such a gr8 news .

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  • Not me
    May 30, 2012 - 1:10PM

    It seems he will be disqualified.BUT what about the breach of law by him being member of parliament for 4 odd years.
    And I predict that he will be made advisor to PM with status of Federal Minister incharge of Ministry of Interior the day the verdict is announced

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  • Parvez
    May 30, 2012 - 1:44PM

    Doing this was the job of the Election Commission and the government machinery four years ago. Anyway, better late than never.

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  • Vaqas uddin
    May 30, 2012 - 1:48PM

    Why to wait one more day ? Do it now because I know He can’t proof that He left the Citizenship from UK. Because every one know after the tenure complete this govt they will run to the other countries like Mr Z will return to Dubai, Rehman Malik to UK and so on like Hussain Haqani did after memo commission.

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  • Hashmi
    May 30, 2012 - 1:58PM

    The nationaility of our Pres. is jail. SC should ask him to renounce his present citisenship and go behind bars where he belongs.

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  • SK
    May 30, 2012 - 2:02PM

    Irony to the max…. a foreign national is our Interior minister…. no wonder we have all these conspiracies going on without any recourse

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  • Concerned
    May 30, 2012 - 2:04PM

    @Blithe:
    All categories mentioned by you need dual nationality to safeguard their accumulated wealth, properties, lives and families. Politicians need is to make a law in its favour to avoid judicial harassment to all concerned.

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  • Faisal
    May 30, 2012 - 2:19PM

    @Word Life : They have written “Parliament”, not “National Assembly”. National Assembly and Senate jointly form “Parliament”.

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  • haris
    May 30, 2012 - 2:27PM

    @citizen:
    SC took action after the petition was files by Mahmood Akhter Naqvi. Its not a Sou Motto case.

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  • haris
    May 30, 2012 - 2:28PM

    @Owais Ehsan:
    Yes, definitely but our Election Commission is as corrupt as other institutions

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  • Light
    May 30, 2012 - 2:35PM

    @to all those concern about 4 years….

    This is election commission’s job to disqualify or do not accept a person for MNA or senator with dual nationality but since election commission is controlled by government therefore no action has been taken by it against this.

    SC only got into action when someone filed a petition regarding this.

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  • Waseem
    May 30, 2012 - 2:40PM

    Well done Supreme Court! Great decision…@Logic Europe:

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  • no foreign spies
    May 30, 2012 - 2:46PM

    foreign spies who have infiltrated the government, legislature, judiciary, and armed forced should be weeded outRecommend

  • revo
    May 30, 2012 - 2:49PM

    anyway , they enjoyed 5 year of government

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  • AntiKingClass
    May 30, 2012 - 2:52PM

    Why does not the election commission ‘verify’ all such things according to the rules if in the constitution at the time when any candidate files his/her papers to contest the elections. Just like it takes asset declarations from everyone but never verifies them. There must be some procedure to verify asset declarations, dual nationalities etc. Otherwise, deceiving and lying is the easiest thing to do in this country. Why all such issues need to be resolved by the court only.
    Election commission needs to perform its duties well and should leave the courts free to resolve issues of common people.

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  • Imran
    May 30, 2012 - 3:31PM

    There should no bar on dual citizens in holding public office. There r many Pakistani nationals who r british too and sitting in British Parliament. I think the only solution for Pakistan is western trained people, that includes politicians. While I am no fan of Rehman and would love to see him removed, removing him this way is not right.

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  • Drone_strike
    May 30, 2012 - 3:37PM

    @Raj – USA:
    So what’s major what this? Nothing!

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  • May 30, 2012 - 3:42PM

    Our respected Supreme Court is re-writing the constitution. There is no clause whatsoever barring dual nationality holder to run or hold an office. Even in Farah Isphahani order, SC failed to refer and clause of the constitution of Pakistan OR the Penal code. The whole order was based on assumption that a foreign (Dual) nationality holder can not be faithful to Pakistan. In this context, SC must withdraw the right of vote to the same catagory of voters.

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  • ishaq
    May 30, 2012 - 3:51PM

    Supreme courts lacks Patients

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  • ashvvinn
    May 30, 2012 - 4:00PM

    @DevilHunterX:
    hahaha good one Pakistan is a happening place

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  • ishrat salim
    May 30, 2012 - 4:14PM

    Reply to Revo….and made enough money….we hv such small memory…where hv all those tall claim of X-ray machines & vehicles imported from China…gone ? bought from China thru $ 230 million loan ?….then bestowing upon him ” degree of Doctorate ” & national award….for all the killings & loss of human lives for the past 4.5 years…Recommend

  • zain
    May 30, 2012 - 5:00PM

    Hey you guys sounding hyper patriots should remember that overseas Pakistanis are keeping you afloat by sending their money home. Don’t be too carried away !

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  • janobegum
    May 30, 2012 - 5:07PM

    Our most of present leaders are fuke. They are using country resources with a red hand. Interior Minister Rahman Malik case required to be settled according to Citizenship Act of Pakistan.Recommend

  • smj
    May 30, 2012 - 5:09PM

    so what if he is British citizen. He is not a Gora. Deep down Rahman Maik is a true Pakistani and a patriot who serves his country proudly every day. Thank You Rahman Malik for existence.

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  • smj
    May 30, 2012 - 5:11PM

    Pakistanis in foreign countries send millions of dollars home and in return the supreme court of Pakistan throw them out from seats.

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  • asim
    May 30, 2012 - 6:12PM

    The SC should atleast let him complete his tenure which is about to finish.

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  • Babloo
    May 30, 2012 - 6:42PM

    All Pakistanis, who do not hold certificates of renounciation, are suspect.

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  • gp65
    May 30, 2012 - 7:57PM

    So it looks like a receipt of payment to cancel citizenship is not enough, nor is a sworn affidavit. what type of proof would satisfy the judges? Also which specific section of the constitution is being violated? Why did Election commission not validate criteria – the election commission for 2008 election after all was not appointed by PPP, it was appointed by Musharraf.

    I am not a Rehman Malik or PPP supporter but it looks like justice is not as unbiased as people around had hoped when the lawyer’s movement was in full swing.

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  • Saleem
    May 30, 2012 - 9:58PM

    One should be proud of Pakistani citizenship, or don’t become a representative of People of Pakistan.

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  • Fayyaz Haider
    May 30, 2012 - 11:01PM

    @Beatle: Please read Article 63(1)(C) before accusing. It declares:
    63. Disqualifications for membership of Majlis-e-Shoora (Parliament):
    (1) A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if:- (a) he is of unsound mind and has been so declared by a competent court; or
    (b) he is an undischarged insolvent; or
    (c) he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or

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  • LionOfPunjab
    May 31, 2012 - 1:04AM

    I live and earn in North America and send lots of $$ home, even while our rupee is going down the toilet (it was 94.5r pkr/USD in the morning). We overseas pakistani are the ones who keep the pakistani foreign exchange coffer filled. I remember my anxiety filled days, when my $$$ accounts were frozen by the NS government after the nuclear bum tests in ’98. Also, I am sure imran khan doesnt travel to UK on tourist visa, can pti prove that i am wrong?
    Lets get real if we kick out all those who have resident permit or citizenship of foreign country (IMO they are same because the person has a ‘get out of pakistan’ option open, and please, dont bring oath for loyalty and other BS ), then we will have to elect all the mullahs because nobody besides us wants them anywhere!

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  • Saqibtahir
    May 31, 2012 - 1:34AM

    This is a country that imported three US citizens (Bogra, Moeen Qureshi, Shaukat Aziz) to directly appoint them to the post of PM. This was done by the patriot establishment. Current PCO judges were appointed and twice terminated by the Expatriiate PM Aziz.
    Why suddenly this Farmaishi petition (in the words of Asma Jahangir) is being taken at this point.

    SC is the last appeal body for such cases but they are acting like a presiding officer. A petition against Shehbaz Shareef is pending in the court for four years but that will never be taken till the time his tenure is over. Bias is floating non the surface.

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  • Salman
    May 31, 2012 - 2:19AM

    RM will never renounce British citizenship. Where else would he hide the loot. He is not stupid to go penniless.

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  • hasan
    May 31, 2012 - 8:57AM

    If Rehman Malik has lied to the SC will he be charged with the very serious offence of PERJURY?

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  • Ishrat salim
    May 31, 2012 - 5:42PM

    Faiyaz haider sb…u r correct but we r in a state of denial n convinced not to b convinced…n some r obssessed with the judges especially Choudhury sb n feel that PPP govt n it’s MPs are being denied justice when the relevant constitutional article clause is very much clear…what else is there to prove…..?

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