SC issues notices over FSC judgement on citizenship act

Apex court takes up government's appeal to FSC judgement after seven years


Hasnaat Malik October 22, 2014

ISLAMABAD: The Supreme Court issued notices this Wednesday to all provincial governments, Human Rights Commission of Pakistan and superior bar associations over the federal government’s plea against a Federal Shariat Court verdict, wherein section 10 of Citizenship Act 1951 was declared un-Islamic and discriminatory against foreigners and immigrants residing in Pakistan.

Under the section 10 of Citizenship Act 1951, a Pakistani woman was denied Pakistani citizenship for her foreign national husband, while under same section, a Pakistani man was allowed to obtain Pakistani citizenship for his foreign national wife.

On June 27, 2007, the FSC took suo motu notice to examine whether the said provision of law in the Citizenship Act 1951 is discriminatory and repugnant to the injunctions of Islam and violative of principles of democracy, equality and social justice as per Islamic Sharia.

The court had issued notices to then secretaries of law, interior and Attorney General of Pakistan to file response on why a Pakistani woman's husband was denied right to citizenship.

Keeping in view of the importance of the matter, the FSC had also issued notices to HRCP, National Commission on the status of the women, Aurat Foundation among other bar associations to assist the court in the matter.

After hearing all the respondents, the Shariat Court had held that section 10 of Citizenship Act 1951 is discriminatory and in violation of Article 2-A and 25 of the country’s Constitution and also against global commitments of Pakistan.

The court had also asked the government to make amendment in section 10 (2) of Citizenship Act 1951 within six months to ensure a procedure for granting Pakistani nationality to any foreign national who is married to a Pakistani national.

However, this ruling was challenged by the government on December 12, 2007. But it took the court seven years to take it up. On Wednesday, a five judge Shariat Appellant bench of the Supreme Court, headed by Justice Ejaz Afzal Khan took up the plea.

Deputy Attorney General Sohail Mahmood, appearing before the bench contended that the FSC’s judgment in its suo motu jurisdiction does not fall within the ambit of Article 203-D of the Constitution, adding that FSC does not hold the power to declare section 10 of Citizenship Act 1951 discriminatory under Article 25 of the Constitution.

DAG said that the Shariat Court has not cited any verse of the Holy Quran or Hadees of the Holy Prophet (pbuh) for reference while declaring the said provision of law repugnant to the injunctions of Islam, adding that the judgment is without jurisdiction and thus liable to be set aside.

“Foreign women marrying Pakistani husband cannot be equated with foreign men married to Pakistani women in our society”, the federal government further said in its appeal.

The appeal also pointed towards the legal stay of a large number of illegal immigrants residing in Pakistan noting their increased influx would add to the unemployment ratio problem in the country.

The federal government raised the question whether a foreign national, after marrying a Pakistani woman and then obtaining Pakistani nationality, would be allowed to divorce the woman and then freely move within the country.

The government expressed apprehension that majority of illegal immigrates, such as the Afghan refugees, as well as immigrants from other South Asian countries, including Bengladesh, and cities such as Behar could abuse the provision, especially those who do not intend to return to their homeland.

“The provision can also be used by any foreign country to plant their agents in Pakistan”, it added.

The government maintained that citizenship rights, like entitlement of vote, appointment to constitutional posts and equal opportunities in matters of public appointments, may be weighed with their political and national interests.

“The proposed amendment may be assessed on the touchstone of Indo-Pak relations. it will provide legal ingress to Indian male citizens into Pakistan”

Based on the arguments provided, the apex court has accepted the federal governments’ appeal for regular hearing against the FSC's judgment and issued notices to all respondents in this case.

Case though was then adjourned for an indefinite period.

COMMENTS (4)

Jibran | 9 years ago | Reply

Pakistan government suffers from chronic paranoia.

sabi | 9 years ago | Reply

This nation lives in delusions and in doing so make this country laughing stock for world.We don't have enough foreign exchange for our next few weeks needs yet we dream on Pakistan as the most preferred choice for foreigners as their economic destination.

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