SC disqualifies dual national PML-N senators
Bench led by CJP Nisar disqualified senators Haroon Akhtar, Sadia Abbasi
Haroon Akhtar and Sadia Abbasi. PHOTO: EXPRESS/FILE
ISLAMABAD:
The Pakistan Muslim League-Nawaz (PML-N) on Wednesday suffered another below, as the top court disqualified two of its senators -- Haroon Akhtar and Sadia Abbasi -- for holding dual nationalities on the date of filing their nomination papers (February 8).
A seven-judge bench of the apex court headed by Chief Justice Mian Saqib Nisar while hearing the suo motu case declared that as both the senators were holding dual nationalities at the time of filing their nomination papers for the upper house of parliament; therefore, they ceased to be members of the Senate under Article 63(1)(c).
“The Election Commission of Pakistan (ECP) has been directed to de-notify them and take steps or fresh elections on both seats,” the order added.
Interestingly, both the senators had applied for renunciation of their foreign nationalities before filing of their nomination papers. However, they could not get the renunciation certificate from the competent authorities of the foreign countries.
Senate election: Nuzhat Sadiq’snomination papers challenged
Sadia, who was holding US nationality, had received the renunciation certificate after 12 days of filing her nomination papers. She is the sister of former prime minister Shahid Khaqan Abbasi.
Haroon Akhtar, who is holding the Canadian nationality, reportedly applied for giving up his foreign citizenship one year ago. However, he could not get the renunciation certificate.
The court ruled that the candidates must get the renunciation certificate before filing the nomination papers.
Both the senators were elected from Punjab where their party (PML-N) has lost the majority. The Pakistan Tehreek-e-Insaf (PTI) is in majority in the Punjab Assembly and can easily get its members elect on the vacated seats.
On March 5, the chief justice took suo motu notice over the issue of four senators holding the dual nationality. Three of them belonged to the PMLN and one was associated with the PTI.
They are Sarwar Chaudhry, Haroon Akhtar, Nuzhat Sadiq and Sadia Abbasi,
During hearing of the suo motu case regarding dual nationality of the civil servants and superior courts judges, the chief justice observed that it has come in their notice that six senators have been elected, who were allegedly holding dual nationalities.
After taking cognisance, the bench asked the then-attorney general for Pakistan, Ashtar Ausaf Ali to furnish details about those six senators, who were allegedly holding dual nationally.
Later, Election Commission of Pakistan Babar Yaqoob along with the attorney general appeared before the bench and stated that the interior ministry had shared the names of the six candidates, who were allegedly holding the dual nationalities. Two candidates could not be elected to the senate.
After the general elections, the seven-judge larger bench resumed the hearing to adjudicate whether anyone who acquires foreign nationality will be disqualified permanently.
Bilal Minto, who has been appointed as amicus curie stated that anyone, who acquires foreign nationality, will be permanently disqualified under Article 63(1)(c) of the Constitution even if they renounce their foreign nationalities later. However, the bench has yet to give its opinion regarding the matter.
Barrister Ali Zafar, appearing on behalf of Haroon Akhtar, submitted that his client had applied for renunciation of his foreign nationality before filing the nomination papers.
He urged the court that it should adopt dynamic, organic and pandemic approach on the issue of dual nationality.
He argued that strict interpretation of Article 63(1)(c) would deprive millions of Pakistanis of their right to serve the country, adding if foreign countries “are allowing Pakistanis to contest elections, then why dual nationality holders are facing discrimination in the country”.
In response, the chief justice said, “Article 62 deals with the qualification of the person wanted to become a member of parliament, while Article 63 is about disqualification; therefore, if a person acquires foreign nationality, then he would be disqualified under Article 63(1)(c).”
Zafar contended, “The word ‘or’ in Article 63(1)(c) should be read as ‘and’,” adding, “Article 63(1)(c) reads, ‘A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (parliament), if he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State. However, the bench did not agree with his argument’.”
Meanwhile, the court was informed that the verification and authentication of Punjab Governor Chaudhry Mohammad Sarwar Khan’s renunciation certificate has not been received yet.
Disqualified dual-national MPs win court relief
The court directed the Ministry of Foreign Affairs to get PML-N Senator Nuzhat Sadiq’s revocation certificate verified from the US embassy in Islamabad and also the US State Department within six weeks. Their matters will be listed before the bench.
Article 225 of the Constitution, which relates to election disputes, requires that election disputes be settled by an appropriate tribunal as empowered by parliament.
However, the court has disqualified dozens of parliamentarians by exercising jurisdiction of quo warranto under Article 184 (3) of the Constitution.
Interestingly, there is no option of filing appeal against the judgment in suo motu case.
Legal experts are urging the judges for making liberal interpretation in matters related to the disqualification of lawmakers.
Though the Supreme Court is giving benefit of doubts in criminal cases, but rule of strict liability is being applied in matters related to the qualification or disqualification of lawmakers.
The Pakistan Muslim League-Nawaz (PML-N) on Wednesday suffered another below, as the top court disqualified two of its senators -- Haroon Akhtar and Sadia Abbasi -- for holding dual nationalities on the date of filing their nomination papers (February 8).
A seven-judge bench of the apex court headed by Chief Justice Mian Saqib Nisar while hearing the suo motu case declared that as both the senators were holding dual nationalities at the time of filing their nomination papers for the upper house of parliament; therefore, they ceased to be members of the Senate under Article 63(1)(c).
“The Election Commission of Pakistan (ECP) has been directed to de-notify them and take steps or fresh elections on both seats,” the order added.
Interestingly, both the senators had applied for renunciation of their foreign nationalities before filing of their nomination papers. However, they could not get the renunciation certificate from the competent authorities of the foreign countries.
Senate election: Nuzhat Sadiq’snomination papers challenged
Sadia, who was holding US nationality, had received the renunciation certificate after 12 days of filing her nomination papers. She is the sister of former prime minister Shahid Khaqan Abbasi.
Haroon Akhtar, who is holding the Canadian nationality, reportedly applied for giving up his foreign citizenship one year ago. However, he could not get the renunciation certificate.
The court ruled that the candidates must get the renunciation certificate before filing the nomination papers.
Both the senators were elected from Punjab where their party (PML-N) has lost the majority. The Pakistan Tehreek-e-Insaf (PTI) is in majority in the Punjab Assembly and can easily get its members elect on the vacated seats.
On March 5, the chief justice took suo motu notice over the issue of four senators holding the dual nationality. Three of them belonged to the PMLN and one was associated with the PTI.
They are Sarwar Chaudhry, Haroon Akhtar, Nuzhat Sadiq and Sadia Abbasi,
During hearing of the suo motu case regarding dual nationality of the civil servants and superior courts judges, the chief justice observed that it has come in their notice that six senators have been elected, who were allegedly holding dual nationalities.
After taking cognisance, the bench asked the then-attorney general for Pakistan, Ashtar Ausaf Ali to furnish details about those six senators, who were allegedly holding dual nationally.
Later, Election Commission of Pakistan Babar Yaqoob along with the attorney general appeared before the bench and stated that the interior ministry had shared the names of the six candidates, who were allegedly holding the dual nationalities. Two candidates could not be elected to the senate.
After the general elections, the seven-judge larger bench resumed the hearing to adjudicate whether anyone who acquires foreign nationality will be disqualified permanently.
Bilal Minto, who has been appointed as amicus curie stated that anyone, who acquires foreign nationality, will be permanently disqualified under Article 63(1)(c) of the Constitution even if they renounce their foreign nationalities later. However, the bench has yet to give its opinion regarding the matter.
Barrister Ali Zafar, appearing on behalf of Haroon Akhtar, submitted that his client had applied for renunciation of his foreign nationality before filing the nomination papers.
He urged the court that it should adopt dynamic, organic and pandemic approach on the issue of dual nationality.
He argued that strict interpretation of Article 63(1)(c) would deprive millions of Pakistanis of their right to serve the country, adding if foreign countries “are allowing Pakistanis to contest elections, then why dual nationality holders are facing discrimination in the country”.
In response, the chief justice said, “Article 62 deals with the qualification of the person wanted to become a member of parliament, while Article 63 is about disqualification; therefore, if a person acquires foreign nationality, then he would be disqualified under Article 63(1)(c).”
Zafar contended, “The word ‘or’ in Article 63(1)(c) should be read as ‘and’,” adding, “Article 63(1)(c) reads, ‘A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (parliament), if he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State. However, the bench did not agree with his argument’.”
Meanwhile, the court was informed that the verification and authentication of Punjab Governor Chaudhry Mohammad Sarwar Khan’s renunciation certificate has not been received yet.
Disqualified dual-national MPs win court relief
The court directed the Ministry of Foreign Affairs to get PML-N Senator Nuzhat Sadiq’s revocation certificate verified from the US embassy in Islamabad and also the US State Department within six weeks. Their matters will be listed before the bench.
Article 225 of the Constitution, which relates to election disputes, requires that election disputes be settled by an appropriate tribunal as empowered by parliament.
However, the court has disqualified dozens of parliamentarians by exercising jurisdiction of quo warranto under Article 184 (3) of the Constitution.
Interestingly, there is no option of filing appeal against the judgment in suo motu case.
Legal experts are urging the judges for making liberal interpretation in matters related to the disqualification of lawmakers.
Though the Supreme Court is giving benefit of doubts in criminal cases, but rule of strict liability is being applied in matters related to the qualification or disqualification of lawmakers.