Dual nationality: ECP issues notification of disqualification to 11 parliamentarians

Published: September 20, 2012

These parliamentarians were earlier deemed disqualified by the Supreme Court. PHOTO: FILE

ISLAMABAD: The Election Commission of Pakistan (ECP) issued notifications of disuqualification for 11 members of the Parliament after the Supreme Court deemed them disqualified in the dual nationality case, Express News reported on Thursday.

Those who were disqualified by the Supreme Court and issued notices to by the the ECP are MNAs Zahid Iqbal‚ Farah Naz Isphani‚ Farhat Mehmood Khan‚ and Jamil Ahmad Malik and MPAs Muhammad Akhlaq MPA Muhammad Ashraf Chohan‚ Nadia Gabol‚ Chaudhry Wasim Qadir, Chaudhry Nadeem Khadim‚ Amna Bhuttar and Dr Ahmad Ali Shah.

Announcing the verdict earlier, the court said that under article 63 (1) (C) of the constitution‚ no parliamentarian can hold dual nationality.

The court had directed the Election Commission of Pakistan (ECP) to de-notify the respective memberships of the disqualified parliamentarians.

The bench said all the disqualified members had made false declarations before the election commission while filing their nomination papers.

The court directed for the recovery of all monetary benefits drawn by the disqualified members for the period during which they occupied the public office and its deposit in the public exchequer within two weeks.

As for the case of Interior Minister Rehman Malik‚ the court noted that he, in view of the false declaration filed by him at the time of contesting the 2008 Senate elections, cannot be considered sagacious‚ righteous and honest.

Therefore the ECP directed to institute legal proceedings against him as has been directed in the case of other disqualified members.

The apex court also directed the ECP to examine the cases of the parliamentarians individually by obtaining fresh declaration on oath from all of them that they are not disqualified under article 63 (1) (c) of the constitution.

Read the Supreme Court short order here.

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Reader Comments (71)

  • liberal_pak
    Sep 20, 2012 - 10:34AM

    Well done SC. Justice should be done. With this decision, you have closed the doors for all those people whose interests lie in western countries but run elections or lead parties in Pak. What about some one who is leader of one Karachi based party whose leader is with dual nationality? How can any run a party with dual nationality? Why is SC and media silent on it? Justice should be DONE across the board and for every one.

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  • isloos
    Sep 20, 2012 - 10:46AM

    Such a great decision, it was a way long over due decision but its never too late. Bravo

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  • amer nadeem
    Sep 20, 2012 - 11:10AM

    right decision, it was mockery that after having affidavit on oath, declaing absolute loyalty, allegiance & commitment with USA, UK etc are Pakistan’s rulers, even in case of UK one has to take oath as “SLAVE OF THE QUEEN” & loyal with UK over other interests………

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  • ehtisham
    Sep 20, 2012 - 11:14AM

    wrong decision of iftikhar chaudhary…..what about arslan iftikhar,,,,,,yeh andhaa insaaf hayRecommend

  • Shahbaz Rawalpindi
    Sep 20, 2012 - 11:15AM

    A fair decision…Recommend

  • salman
    Sep 20, 2012 - 11:15AM

    great decision

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  • Sep 20, 2012 - 11:17AM

    Plain and simple ! No foreign nationality holder should be allowed to sit in the assembly and represent the people.

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  • MAD
    Sep 20, 2012 - 11:24AM

    Could you please list the members along with their partiesRecommend

  • usman
    Sep 20, 2012 - 11:28AM

    great decision…….much awaited. Everybody has right to choose where he/she wants to live but presence in parliament must be reserved to the people who have sole citizenship.

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  • Sep 20, 2012 - 11:31AM

    likes a good decesion

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  • Engr Saqib Rauf
    Sep 20, 2012 - 11:36AM

    Well done CJP

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  • islooite
    Sep 20, 2012 - 11:40AM

    Well done SC !

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  • Paindoo
    Sep 20, 2012 - 11:44AM

    At last this time they have reached a decision, else they are scared of giving the verdicts. I guess now all political parties whom members are disqualified will bring in a new amendment to the law under which they are disqualified. As the core functionality of Parliament is to protect the interests of those who are inside it, not outside!

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  • Acorn Guts
    Sep 20, 2012 - 11:44AM

    Now don’t let them back without ensuring they have indeed surrendered their foreign nationalities.

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  • Karachities
    Sep 20, 2012 - 11:44AM

    Long Live CJ, Pakistan Zindabad

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  • Sep 20, 2012 - 11:46AM

    Vienna,September 19,2012
    When all are guilty to be disqualified the process of judging should
    be reciprocal. In other words re-evaluate qualifications of one and
    all who are partners in power sharing.Disinfect everything whole
    sale to get rid of live toxic material from the system.
    Taravadu Taranga Trust for Media Monitoring TTTMM India
    –Kulamarva Balakrishna

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  • Noor
    Sep 20, 2012 - 11:49AM

    Good job.

    If we go through other countries’ practices, they even go to the extent of dis-allowing anyone for voting who didn’t visit his/her homeland during previous 3 years.

    We may also consider imposing such rules.

    The aim is to enable only those people to be part of parliament(as well as the voters) who are the actual stakeholders, and not such people who come to this country as a part time resort & have their assets in other countries offering better financial prospects.

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  • Justice
    Sep 20, 2012 - 11:54AM

    Overseas Pakistani’s did not went for holiday. They were forced by circumstances to leave and they earn with their hard work. Most of them compelled to take dual nationalities because of economic reasons!

    Overseas Pakistani’s don’t live on Aid ! Declare those ineligible who live in Pakistan on foreign aid and think that they are more loyal than those who earn with hard work!

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  • M Sayed
    Sep 20, 2012 - 11:55AM

    This was clearly the most important issue in country.

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  • BB
    Sep 20, 2012 - 12:00PM

    This is a pivotal decision by SC for the national security of our country. Well done.

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  • raashid
    Sep 20, 2012 - 12:09PM

    well done SC.Recommend

  • iftikhar ali
    Sep 20, 2012 - 12:19PM

    A great tribute to pak judiciary for their revolutionory orders..

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  • A Pakistani
    Sep 20, 2012 - 12:28PM

    Hats off!Recommend

  • Saleem
    Sep 20, 2012 - 12:29PM

    @liberal_pak: Because that someone is not an MP and not holding any public office.

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  • Pakistani
    Sep 20, 2012 - 12:30PM

    Good decision.

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  • saad ur rehman
    Sep 20, 2012 - 12:33PM

    niceeeeeeeRecommend

  • Nasir Mahmood
    Sep 20, 2012 - 12:38PM

    This decision will pave the way for good character people to come into the Parliament to serve the interest of Pakistan.

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  • sattar
    Sep 20, 2012 - 12:42PM

    we owe it all to Altaf Bhaee

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  • Iqbal A Khan
    Sep 20, 2012 - 12:44PM

    I fully support the decision on removing dual nationals not just from parliament but from all important positions of government.
    Also the leaders of parties, even when they are London based should not be allowed to act as party chiefs . This is also required by the Political Parties Act.

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  • Sep 20, 2012 - 12:51PM

    Thanks God, the news for which i waz waiting since a very longtime, the removal of Rehman Malik

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  • Umar
    Sep 20, 2012 - 12:52PM

    Subhan’allah! It’s very spectacular act by SC! Now those politicians who come to Pakistan just with that intention of earning money they are eliminated. Politicians are maded for serve the peoples interest. I’m agree with Sc welldon.

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  • Not me
    Sep 20, 2012 - 12:56PM

    Good decision. How could these persons knowingly file an incorrect declaration.

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  • pathetic fundamentalists
    Sep 20, 2012 - 1:05PM

    Thank God, something happened to that incompetant malik

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  • Much Amused
    Sep 20, 2012 - 1:17PM

    How about disqualifying persons holding permanent resident (as good as nationality) status in UK. Leaders of N-League for example.

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  • khalid
    Sep 20, 2012 - 1:21PM

    Well done supreme court, thsi decision will go a long way in clearing politicians holding important state positions who have doubtfull sincerity to there own country and were capable of undermining our security…

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  • Jat
    Sep 20, 2012 - 1:23PM

    Rehman Malik ? Oh God, now who will catch and photograph all the martian, alien and ET attackers ?

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  • Mazloom Pakistani
    Sep 20, 2012 - 1:27PM

    yeh wot about MQM ?? when will SC take action regarding them :S

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  • Larki Desi
    Sep 20, 2012 - 1:27PM

    Thank you SC god bless you. Keep up the good and honest work. Enough said.

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  • casim
    Sep 20, 2012 - 1:28PM

    Good decision by the SCP, this will help in bring a more sovereign & democratic Pakistan.Recommend

  • Larki Desi
    Sep 20, 2012 - 1:32PM

    @Justice: I agree with what you are trying to say. But we are talking about dual nationality guys holding govt office. If they are forced to take dual nationalities for any reason then they should not be govt officers. Period. They can have 5 different passports if they want or wish but they must not run the country.

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  • Sajid
    Sep 20, 2012 - 1:43PM

    They should also be punished for lying to the nation.

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  • Muhammad
    Sep 20, 2012 - 1:48PM

    @isloos:
    I would request the God-sent, most-people’s justice in Pakistan’s history kindly to order return of all salaries and benefits enjoyed by disqualified MPAs, ministers, advisers in this case and all previous cases adjudged by him. This fair order will accord with justice demanded by God and general public.

    @Justice:
    They can vote non-dual nationality Pakistanis to power in elections, including their near and dear ones to whom they remit huge foreign currencies.Making exceptions will open doors for corruptions, frauds, etc.

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  • Butt
    Sep 20, 2012 - 1:50PM

    @Noor: Pakistani overseas remitted almost US$13 billion last year. Will you also ask them to stop sending money to Pakistan?

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  • Tanga Party
    Sep 20, 2012 - 2:14PM

    what about the SC judges who hold dual nationality ?Recommend

  • asim
    Sep 20, 2012 - 2:26PM

    What about those who are convicted and criminals and holding key positions. The constitution says anyone who is convicted is ineligible for any government/public position.
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  • ibrahim Hashmi
    Sep 20, 2012 - 2:27PM

    Now all the pessimist must be silent who say cj is dysfunctional.
    This decision has sent a clear message the Land has changed and a new party to sweep election!Recommend

  • Remo
    Sep 20, 2012 - 2:55PM

    right step at the right time. bye bye Altaf Hussain

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  • Paindoo
    Sep 20, 2012 - 2:57PM

    At last this time they have reached a decision, else they are scared of giving the verdicts. I guess now all political parties whom members are disqualified will bring in a new amendment to the law under which they are disqualified. As the core functionality of Parliament is to protect the interests of those who are inside it, not outside!Recommend

  • Paindoo
    Sep 20, 2012 - 3:09PM

    At last this time they have reached a decision, else they are scared of giving the verdicts. I guess now all political parties whom members are disqualified will bring in a new amendment to the law under which they are disqualified. As the core functionality of Parliament is to protect the interests of those who are inside it, not outside.Recommend

  • Enlightened
    Sep 20, 2012 - 3:10PM

    Why only ten ?? The Apex court of Pakistan should have disqualified all for failing the country on all fronts.

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  • Khalq e Khuda
    Sep 20, 2012 - 3:14PM

    How can Supreme Court disqualify Rehman Malik? He had already resigned and thus it became a past and closed transaction. If they are now disqualifying members in retrospect for the good of the country: I suggest they disqualify former Prime Ministers Moeen Qureshi and Shaukat Aziz and ask them to reimburse the salaries, perks and incase of Shaukat Aziz the gifts given to the office of the Prime Minister appropriated by him through misuse of power.

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  • Lahori
    Sep 20, 2012 - 3:21PM

    Yayyyyyyy

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  • Naseer Ahmad
    Sep 20, 2012 - 3:34PM

    A landmark judgement.The excutive should imlement it in letter and spirit.

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  • peace for all
    Sep 20, 2012 - 4:02PM

    Brave decision for nation, now all affected ex parliamentary members must know the value of our green passport. well done SC

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  • Cautious
    Sep 20, 2012 - 4:26PM

    Wouldn’t it be nice if the SC outlawed press conferences for Malik? What would he do with all that spare time on his hands?

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  • rizwan
    Sep 20, 2012 - 4:26PM

    lets not stop their… disqualify all dual national in Army, Bureaucrats and Public Service officers…

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  • Sep 20, 2012 - 4:30PM

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

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  • kalia
    Sep 20, 2012 - 4:31PM

    good jobRecommend

  • Fahim Alavi
    Sep 20, 2012 - 4:34PM

    SC has removed Rehman Malik only to make certain fractions happy and personal issues with him. He has now only Pakistani citizenship. It would be same as government kick out judges of SC due to their owth of 1999 coup.

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  • Hasnain Ali
    Sep 20, 2012 - 4:34PM

    This is an excellent historic decision to close the doors for imported Prime Ministers like Moin Qureshi & Shaukat Aziz (a.k.a Shortcut Aziz) who just took up their brief case and left the country after ruling, looting and spoiling it.
    Similar action is needed for Dual National government servants who have more sympathy for their developed country whose allegiance they have sworn.
    -Pakistan’s High Commissioner (Ambassador) to UK, Wajid Shamsul Hasan is a UK citizen and enjoys his life there…
    -Hussain Haqqani was a US national and wrote trecehrous letters to US govt against Pakistan and its military…
    -Hamesh Khan, the tout of Chaudhries of Gujrat, was President of a bank who plundered it badly. He slipped away to USA on Canadian Passport…
    -Till recently the Chairman of a regulatory authority (PTA) was a foreign national who caused great harm to the country…
    -These days a Singaporean national is looting House Building Finance Corporation and will soon run away with the booty……

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  • observer (UK)
    Sep 20, 2012 - 4:43PM

    It serves Rehman Malik right. He deserves this humiliation. Recommend

  • AZQ
    Sep 20, 2012 - 4:44PM

    How about the judges and bureaucrats who are holding dual nationality?

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  • Ch. Allah Daad
    Sep 20, 2012 - 4:50PM

    Worst ever decision by Supreme Court. Its not the matter of few assembly members. Its a set back to all patriots who intend to serve Pakistan. Infact SC has cut the hand which feeds us. Duel Natioality holders and Expatriate Pakistanis are back bone of our economy. Not only they send billions of dollars every year, they save us from begging these billions. Beggars have lost all sense and self respect.. Services of expatriate Pakistanis are hundreds of times more than these so called single nationality corrupt patriots. Enjoy complete and unckecked single nationality with begging bowls in your hands.

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  • AY
    Sep 20, 2012 - 4:55PM

    Allah help this country…. Allah we need your help to open the sealed hearts and minds of this doomed nation…..

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  • S. M. ALI (Chani)
    Sep 20, 2012 - 5:04PM

    Well done SC for giving the ruling on dual nationalties being member of parliament. Having given the decision on merit the judiciary and in particular the SC is playing its part in the true spirit as one of the pillar of the constitution. Hats off to supreme court’s CJ and his team of judges for setting the right trend and showing direction to the other 3 pillors of the constitution. I’m sure the judiciary and in particular the SC is trying in all sincerety to make amends for its past dalliance nevertheless as a citizen I appreciate their effort and wish them well for the future in the belief that student of Pakistan history will not be unkind to them.

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  • Parvez
    Sep 20, 2012 - 5:15PM

    A little late in coming but a sound judgement.

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  • Gandalf
    Sep 20, 2012 - 5:39PM

    This decision of SC is nonsensical. Unlike some countries that do not allow dual nationality, Pakistan does allow its citizens to hold dual passports. Citizenship grants all the privilages that any ordinary citizen would enjoy. If Pakistanis can becomes parliamentary members in their adopted countries, why are they being denied such positions in their country of birth? Might as well deprive the dual nationals of their Pakistani citizenship.

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  • Saqib
    Sep 20, 2012 - 6:06PM

    Truly like it !!! punish them and make them benchmark for the others !!! Dil khush kitta hai oyee!!

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  • Azeem Aslam
    Sep 20, 2012 - 6:13PM

    A good decision really. Well Done CJP. A man of Principles.

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  • Fahad
    Sep 21, 2012 - 2:22AM

    Kick out him from parliment n send him back to uk

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  • amanat
    Sep 21, 2012 - 8:46PM

    Supreme Court has given a right decision but Rehman Malik has been separated from the other people who have been disqualified. It appears that he will be awarded more severe punishment besides disqualification as he has been constantly lying before the Court and thus making mokery of the law of the land. Now he cannot escape from the harsh p.unishment. Some people think that if he is punished his punisment will be done away by Zardari but I don’t think so. He will have to face the consequences now. He may ,however, get some more time by filing review petition.

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