Tahirul Qadri makes a victory sign while arriving at the Supreme Court on Monday. PHOTO: SANA/ FILE
ISLAMABAD: The Supreme Court of Pakistan maintained that dual nationals cannot be allowed to interfere in internal politics, while hearing Minhajul Quran International (MQI) chief Tahirul Qadri's petition on reconstitution of Election Commission of Pakistan (ECP), reported Express News on Tuesday.
During the hearing, Qadri told the bench that he has used a Pakistani passport for visiting Pakistan and Canadian for going to Canada.
Chief Justice Iftikhar Muhammad Chaudhry remarked that Qadri is known as the "Sheikhul Islam" but has sworn his allegiance to Queen Elizabeth.
“The doors of the parliament are closed for you but your interference in domestic politics is questionable,” he added.
When the chief justice questioned the basis on which Qadri filed his petition, the MQI chief said that he was a Pakistani citizen and can renounce his citizenship any time.
Qadri argued that the Supreme Court had also taken up the Memogate case on a letter sent by a Canadian citizen.
Justice Gulzar also pointed out that a person who has taken oath for loyalty to another country would not be permitted to influence Pakistan's politics and to file a petition for reconstitution of the Election Commission of Pakistan (ECP).
The court said that the petition was filed under a quo-warranto and does not fall under Article 184 of the Constitution, and Qadri should thus approach a high court before coming to the Supreme Court.
Qadri submitted papers and a copy of his passport in the court to justify his right to file petition for ECP's reconstitution.
Qadri, speaking to the media after the hearing, said that the Supreme Court has accepted his petition and has been hearing it since two days. But, he added, that the court wants to determine whether they can resolve his issue as he is a dual national before discussing the ECP reconstitution.
“The court has sent notices to all respondents in the case,” said Qadri.
He reiterated that voters can be dual nationals but the elected representatives cannot.
“If dual nationality divides loyalty, then the Constitution of Pakistan should take notice of it. The law of Pakistan should take notice of it,” he stated.
COMMENTS (89)
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@A - No.1: The Supreme Court is not saying that. Dont worry. I have seen the short judgment. Qadri was asked to prove his sincerity. He failed to do that. He rather started questioning the integrity of Supreme Court. This kind of behaviour is not uncommon in the so called religious scholars.
@Hassan Niazi Inqalabi:. He intentions were questioned in the SC which is usual. He could not satisfy the court that intentions were not mal fide. His behaviour was unbecoming in the court and was not expected from a person his stature. He started trying the court where he went to seek relief. Stupid isnt it?
I think the court was very lenient to him and he was spared from contempt proceedings.
He is again confusing people that integrity of dual nationality holders was jeopardized. He knows that it is not the truth. Only his integrity was questioned.
I wonder what will happen to this country when its Supreme Court starts giving its observations and opinions as its rulings :/ Happy from the outcome but disappointed from the proceedings and SC attitude towards a Pakistan-based petitioner
Lots of people do not have passport by choice. They prefer PERMANENT RESIDENT STATUS which gives you best of both worlds. I am sure lots of important pak people have permanent residency of foreign countries.
@John the Baptist: Hello John. Normally there is no significant remittance from the dual nationality people. Remittences are mostly from Pakistanis who do not hold dual nationality. Only few countries offer nationality and not Gulf countries and the so called Islamic countries. Pakistani immigrants dont send a penny. Students in Europe, American, Canada, Australia rather receive money from Pakistan.
Dual nationality is not obnoxious. The intentions of Qadri were questioned, as usual, by the SC. Qadri could not convince the court. He chose to mibehave the apex court.
The clergy community is same in all religions. You remember how they behaved Jesus Christ? He deliberately trying to confuse and trying to create misunderstanding about the judgement which is praiseworthy.
Dr. Qadri can do anything. He can make 40000 to 4 million. Interesting isnt it?
If supreme court can hear Mr. Ejaz Mansoor, why cannot hear Tahir ul Qadri? Supreme court should see what TUQ is saying and whether it is in the interest of free and fair election in the country. If Mr. Altaf Hussain can lead a political party sitting in London, why it is wrong for Tahir ul Qadri to be in Pakistan and seek reformation of ECP.? The proceedings so far give the impression as if our SC is tilted towards the current rulers. I am disappointed as it seems that with the status quo we will have the same set of rulers for infinite time.
@Muslim Leaguer: All the clergies, irrespective religion they belong, are imposters. Even Shaikh of Azhar. I can prove my claim.
Tahir-ul-Qadri submitted to the Supreme Court that he had applied for Canadian citizenship in 1999. He contested & won the 2002 elections. The question is that how could he contest the elections when he had applied for a foreign citizenship? Wasn't he ineligible under article-63-1-c of the Constitution?? The over-smart Molvi is caught in his own trap !!!
@ishtiaq: Of course they are loyal. :oyal to both countries. They are sometimes required to choose between the two.
I'm not a pro-Qadri but Supreme court seems to be finding excuses not to entertain Mr. Qadri. SC might have some other issues to deal with because it is not just a simple case from a Pakistani National having dual citizenship. The whole political environment is to be considered since this is the first time in Pakistan that a govt. is gonna complete its term and this transition has to be smooth. So everybody's now more circumspect about their actions. May be SC is wrong in TUQ's case or may be it's prudent? can't say anything...just waiting with my fingers crossed!
I am sorry for all humiliation for Tahirul Qadri. He did deserve it is a different thing.
Muhammed Akram why do TUQ has a canadian pas? If he really is a pakistani then why to carry a canadian pas? He suddenly came to pakistan and started he's revolution and get slapped by the government. And do you all know that Ulema from Egypt has send a message to TUQ where they question him on his titel as shaik-ul-islam. He hasn't answered yet because he no he is a big liar. He is a self - called shaik-ul-islam! The only only man who got this titel is ABDUL QADIR GHILANI. And on this report the ulema asked him to asnwere their questions and said that we have you the titel but you have misused it! They also say that youtube video has showed TUQ lieing.
Qadri should go back....no need of self esteem politics already have many .. Hats off CJ
@cyrus: Last I heard, he was under investigation in Canada too.
They want to find out why he lied on his asylum application. They want to find out how he got money to travel to Pakistan given the fact that he was receiving welfare money from the Canadian Govt.All is not well. He may not be allowed entry into Canada.
So best is to keep him in your part of the woods.
CJ should ban the foreign remmittees of Billions sent to Pakistan if he has such a big problem with people with dual nationals. This is complete bias. Basically you can live of from the Billions sent to you but you cannot approach the courts, PROVE IT. Pakistan law allows dual nationals so why has anyone got any problems, I dont understand why Pakistani people fall for this type of stupid issues. We dual nationals invest billions in Pakistan, we import pakistani good to western countries and sell them. We love and care about our country even though we are so faar from it, You live in Pakistan but are destroying it. YOU TRAITORS.
So hard working overseas pakistani's billions of $$$ remittance that keeps pakistan away from bankruptcy good & welcome, but overseas pakistani are not welcome!
A dual national wants changes in the Election Commission of Pakistan which is supervisory body for the process of electing future rulers. A dual national is granted rights to only live in the home country however, he has lost the right to discuss matters of national interest in national forums like Parliament & Courts after he has got the nationality of other country. How I assume that he is more sincere to Pakistan than the country he has the citizenship.
A big slap on the face of Molvi Abdul Shakoor a.k.a. Dr Tahir-ul-Qadri, his allies (PMLQ & PTI)and his sponsors who have spent Billions of Ruppees on his media advertisement campaign- Siyasat/Riyasat. Qadri wanted to move fast so that people don't explore his past reality. But he has failed to hide his dark past. Al Azhar Islamic Studies Scholars Expose Dr. Tahir Qadri as Imposter, Fake Sheikh. The link is below: http://islamicpostonline.com/article/alazharislamicstudiesscholarsexposedrtahirqadriimposterfakesheikhanddemandprov
What does interference mean? Are overseas Pakistanis giving money to parties not interfering in the internal politics of Pakistan? SC should also ban those parties who collect such funds from abroad. SC has opened another Pandora box by making this statement. This increases the confusion instead of solving anything.
Issue was not 'dual nationality' of an individual but more serious, by the way a dual national Pakistani citizen has all the rights and responsibilities a Pakistani is guaranteed by our constitution. Thus Qadri is within his right as a citizen of Pakistan to attempt to right a wrong in Pakistan. This is a sad day for Qadri Sahib and us all or at least for those of us who had some hope left and looked upto the highest court in Pakistan to dispense justice and take the petition seriously. Had they studied the issue as legal experts rather than a bunch of popularity seeking individuals, I'm sure, they would decide as they all must be knowing deep down inside themselves that our Election Commission has not been formed as it should have been according to our constitution and thus it's an illegitimate body and has or should not have any authority legal or moral to supervise and ensure regularities in the election process.
@Hyder:
Any one who has sworn his allegiance to Queen Elizabeth or is loyal to any other country may not be allowed to hold any official post in Pakistan of lower grade to higher grade, either as a peon , clerk, officer, bureaucrat , judge etc etc and persons having loyalties with other nations can be barred from domestic politics and they may be blocked from casting their vote. Wait for a Petition in view of the observation of the Apex Court. E.g. “Justice Gulzar pointed out that a person who has taken oath for loyalty to another country would not be permitted to influence Pakistan’s politics”.
No problem. However, any currency bearing the photo of Queen Elizabeth or George Washington or any other Euro leaders, King Saud, Sheikh Khalifah, etc. should not be allowed to enter into the foreign exchange reserves. We do not need this unpatriotic money to foul our country.
And then @Hyder woke up!
And Mansoor Ejaz was?!
SC, directed and controlled by GHQ, made itself a laughingstock during the memogate and Swiss letter. However, it does not mean that they should not redeem themselves. Bad actions or judgements in the past cannot be precedents. In this case SC verdict is correct.
So if we take Chaudhary’s wisdom then dual nationals like Lord Ahmad and other Pakistani MPs in UK parliament should not interfere in the internal politics of UK? Chaudhary has his own peculiar opinions which often appear political and suited to certain interests at the time.
This guy was a refugee escaping Pakistan. He got a citizenship from Canada stating so. What a cheat.
"zoor ka jutka zara dehre se" imran khan dual citizenship should be checked...........
Hey guys, Mr Qadri wanna clean politics of Pakistan bcz he love Pakistan, but in same breath he trash Pakistani passport in interview. He declare Pakistani Passport a junk which does not have same use as Canadian Passport. Don't you see which country he has more respect. If he is using Canadian Passport for his own connivance but not due to loyalty to Canada then how you can be sure that he is not playing this drama for his own personal ulterior motive. Think with open mind. ET Pls......................
Mr. Qadri, when some one gets foreign nationality, he become a second citizen in home land and he should be. its a wise decision of court that dual nationality holders have right to cast vote but not to contest elections and interfere in national politics.
Ufff this Quadri refuses to disintegrate/ disembark/disappear.
I dont understand, after coming out from SC
Why Qadri wave, VICTORY, by his hand
hahahaha
Apex court decision is stand still but the court by its observation has passed the forthcoming decision, such as; Application regarding the reconstitution of the Election Commission Of Pakistan ,is not maintainable. In this way historical judgement has come out from three member bench of apex court. Now no need to think more on it He was shown the high court's path but that is rugged and too short to approach there.
SC did not took matter on merit, just discussed petitioner, what a judjment
I wonder how dual nationals can be Ambassadors like the Haqqani character was.
@jugnoo: it was case of treeson
@ishtiaq: There is difference between overseas Pakistanis and dual nationals.
Where is @Mirza?
He is still a citizen of Pakistan, which allows him to participate in Pakistan's internal matters. That is his constitutional right. Furthermore, Nawaz Shariff and Zardari Inc. have more assets abroad than Qadri. Who is more loyal?
If supreme court can hear Mr. Ejaz Mansoor, why it cannot hear Tahir ul Qadri? Supreme court should see what TUQ is saying and whether it is in the interest of free and fair election in the country. If Mr. Altaf Hussain can lead a political party sitting in London, why it is wrong for Tahir ul Qadri to be in Pakistan and seek reformation of ECP.? The proceedings so far give the impression as if our SC is tilted towards the current rulers. I am disappointed as it seems that with the status qua we will have the same set of rulers for infinite time.
If this situation remains going, then I think GENERAL ELECTIONS will be delayed. SC should rule It's decision within two days.
very weird one can hold a pakistani passport along with another nationality but not file a plea ! it does not make any sense at all.
Bad news for PML(Q), PTI is also out of their reach. They should now find anoher ally to fulfill their agenda.
slap on everyones face who said judiciary is behind qadri!!
Very well argumentations dear CJ keep it your work. I'm just thinking about what would happened to PP if SC and Army wasn't there.
@Zaigham:
Buddy Man, one can expect IK to do everything in the book titled "Good for Nothing 101." Doing something concrete and tangible is something way beyond his mental capacity, with all due respect to the cult followers.
@A - No.1: "The SC is saying that dual national Pakistanis cannot be loyal to Pakistan. Can their lordships go a little further and not accept the foreign exchange remitted by dual nationals?"
remittance sent by Pakistani diaspora are meant for their relatives as they are residing in Pakistan. it is not for Pakistan by itself. if they do not have any relative in Pakistan no remittance will come from their end.. However Dr. Qadri( whom i do not support ) does have legal right in interfering in the politics of his country (despite holding dual nationality). The grounds / factors considered by SC to view Dr. Qadri's right to intervene in domestic politics as questionable is not disclosed and make it ambiguous.
Any one who has sworn his allegiance to Queen Elizabeth or is loyal to any other country may not be allowed to hold any official post in Pakistan of lower grade to higher grade, either as a peon , clerk, officer, bureaucrat , judge etc etc and persons having loyalties with other nations can be barred from domestic politics and they may be blocked from casting their vote. Wait for a Petition in view of the observation of the Apex Court. E.g. “Justice Gulzar pointed out that a person who has taken oath for loyalty to another country would not be permitted to influence Pakistan’s politics”.
And what about Bilawal Bhutto?, is he above the law again.
Where is KHAN sb?
I think Imran khan should file the same petition or become co-petitioner. he has same reservations about election commission and he is not a dual national.
Judges are acting like stooges of PML (N). They should do justice with impartiality but they are not listening the argument because they know they will be confuted with Dr. Sahib's pertinent,eloquent and educational arguments. Shame on Judiciary. Be impartial. Act like judges not petty salves.
Apparently, dual nationals are only good for sending in gobs of money to keep the same sinking ship afloat on which all government institutions are perched.
This is a pathetic intrepretation of the law of the land--either disallow nationality to dual citizens or stop treating them as pariahs. It is like saying a woman is pregnant or not pregnant at the same time.
If dual citizens are stripped of their citizenship, the GOP should also put a ban on foreign exchange remittances from this unpatriotic lot. We will see where will the GOP get the money to pay the honourable judges' exorbitant salaries and maintenance allowances!
CJ once again openly showed his inclination towards PML-N, as stated by Aitizaz Ahsan. Dr Qadri is orignally pak citizen then why he can not file such petitions? It is a clearly biased decision and enough to open the eyes of pakistani people.
Strange as suo mto action on memogate was taken on a letter by a canadian. CJ did not object on that...........
there's something fishy
Great. Ha Ha Ha.
The SC is saying that dual national Pakistanis cannot be loyal to Pakistan. Can their lordships go a little further and not accept the foreign exchange remitted by dual nationals? I bet they will not visit this angle as entire Pakistan is now running on the remittance of disloyal dual nationals. What a joke.
Happy on Qadri's fate as he deserves that but i guess CJ is too biased towards dual nationals. We Pakistanis feel very "proud" when some XYZ of Pakistani origin becomes MP in UK or Canada but hate them when they participate in our process. I guess when you are talking about dual nationals and democracy, when people choose someone, he has the mandate besides whatever nationality he has. You can't ignore people's choice.
Our superior courts are brilliant at passing time.
Mr.Qadri get back to Canada as soon as you can. It is going to be very hot in here wihtin few days.
.................. so is this Supreme Court apolitical or not?
@ Aijaz Haider.. Maybe Dr.Qadri will relinquish his Canadian nationality and then file the petition again.
Do you really think he will relinquish his Canadian nationality ?People like Qadri die to get such nationalities
A wonderful gift Fakhru Bhai have got on his birthday today
PS: Happy Birthday Fakhruddin G. Ibrahim 12-Feb-1928
Do not kill the messenger; look at the message So tomorrow I can file petition as citizen of Pakistan and SCP will then hear it? Quite surprised......
“The doors of the parliament are closed for you but your interference in domestic politics is questionable" - says who? Not constitution.
Well, in that case CJP should not have heard the Memogate case
If keeping dual nationality and swearing allegiance to Queen Elezabeth bars a pakistani to approach the Supreme court to demand justice for the country of his birth where all his family resides and to which he sends hefty foreign exchange, then Mr Chief Justice, take a sue motto action and cancel the pakistani nationality of all expats so that only loyal citizens live in this land of the pure. I for one feel that our courts have made dual nationality an abuse. please restrict it to elections and becoming member parliament.
Now sc realised after he orchestrated long march, blocked roads and etc that he cannot do that
baby go back to canada. . Lol
Ohhhhh Pooor Qadri !!!!What will be his next step to camouflage the Eletions
Pure biassed proceedings ...We can listen to people like Mansoor Ejaz who clearly spreads hatred for Pakistan and has American citizenship but we will not listen to the legitimate demands of Dual national as that hurts our master in Raiwand.
yes this is the right way to give him shut up call, this topi darama now must be end with the kick out him from pakistan to cannada
Hats off to CJ!
So finally qadri and imran khan's alliance busted. I wonder what next! Finally we can safely assume that Pakistan will see first time a democratic govt completing its term and elections after five years. I don't think so any other person will dare to postpone the elections. This should serve as a message for those people who want a care-taker govt. This is the impact of the long march NS did to free the judiciary. Next destination: General Elections 2013, PML-N 2/3rd majority and a road to progress....
Not only ECP members are hired by Muk Muka, now i think that the SC is also part of this MukMuka... ,
Petition is not dismissed the hearing is adjourned until Feb 13 (tomorrow).
And we supported same guy for long march if you really are hungry for change people than vote for right people in coming elections your criteria should not be a metro bus or income support programs.....Peace
There is place for a secular person in Pakistan as even the SC has made remarks to this effect and rejected the petition on these grounds.
Maybe Dr.Qadri will relinquish his Canadian nationality and then file the petition again. "The court said that the petition was filed under a quo-warranto and does not fall under Article 184 of the Constitution. Maintaining that the Supreme Court cannot hear the petition, the bench requested Qadri to approach some other forum for his cause." 'Other forum'? Another long march? Well it seems like the army and judiciary are not behind him and we had dozens of articles, blogs and 'what not' about the issue.
Laga CHAKA :)
So does it mean that overseas Paksitanies are not loyal to Pakistan ? SC's desicion is biased.
'bary bay ambro ho kar teray kochay se hum niklay'
Now go to canada Mr Qadri.
CJ in action again.
When is the next flight to Canada?
DR Tahir hold dual nationality but the cause He appeared in Court is original, The Four people in Election Commission is hired by political setup to win the vote ! Let see and hope this election will become fair !
No one should allowed to sabotage democratic process in the country. Braveo SC for upholding the constitution.
Poor Qadri :,(
Ouch!!