Top court seeks details of army officials holding dual nationality

Justice Bandiyal oberves that defence forces should also be considered government servants

ISLAMABAD: While asking if the law prevents members of the armed forces from holding dual nationalities, the top court has sought details of all servicemen who hold dual nationalities.

The Supreme Court’s three-judge bench, headed by Chief Justice Mian Saqib Nisar and comprising Justice Umar Ata Bandial and Justice Ijazul Ahsan, issued this directive on Tuesday while hearing a suo motu case.

The bench also directed the defence secretary to appear in person today (Wednesday) and to explain whether there is any bar on ‘jawans' or officers from having dual nationality. The bench has also asked if military officials could get foreign nationalities after their retirement.



During the hearing, the chief justice noted that there is a perception that dual nationality is only linked to disqualification of parliamentarians, but servicemen are untouched.

He also wondered how some ex-army officers received foreign nationalities. He also said some judges and officials working in sensitive departments also possess dual nationalities.

Recalling the judgement in the Asghar Khan case, which highlighted that the president of Pakistan is also a government servant, Justice Bandial remarked that the same law should apply to defence forces to ensure they are not foreign nationals.

Justice Nisar said the purpose of seeking details in this regard was just to collect data. He observed that while the top court could highlight the issue, it is e responsibility of the government and the parliament to update laws. “The courts can only propose recommendations; the onus is on the government to look into the matter,” he added.

The Federal Investigation Agency (FIA) also submitted a report that said currently, 1,116 officials are holding dual nationalities, 837 of which have declared the fact while 261 have been identified during the probe. It said 18 officials are foreigners whereas spouses of 1,249 officials also hold dual nationalities.

At least 523 government officials in Punjab; 303 officers in Khyber-Pakhtunkhwa (K-P); 16 officials in Balochistan and 158 officials in Sindh possess dual nationalities.

According to the FIA, the petroleum division leads in this regard as 96 of its officers are dual nationals. Another 92 officials are from the aviation division; 64 officers of the finance division, and 24 officials of the Foreign Office hold dual nationalities.

Shahzad Elahi, who is amicus curiae for the case, said there is a constitutional ban on holding dual nationality for parliamentarians, but there is no such bar on judges. Another appointed amicus, Shahid Hamid, also submitted a recommendation for devising a list in this regard.

“The federal and provincial governments should formulate negative list(s) of posts to which foreign nationals shall not be appointed for reasons of safeguarding national security and vital national interests.



“The federal government should also be required to submit annual reports to the parliament in regard to the enforcement or implementation of the 1966 act prohibiting employment of ex-government servants with foreign government and agencies,” he suggested in a report.

He said Section 14(I) of the Pakistan Citizenship Act 1951 prescribed that a citizen of Pakistan shall lose his citizenship if he becomes a citizen of any other country.

“However, section 14(3) creates an exception from his general prohibition in case of citizens who are citizens of the United Kingdom or its colonies or such other country as may be notified by the federal government. The number of countries with whom dual citizenship is permissible is 19,” he concluded.