Holding dual nationalities is not a crime: Malik tells SC
The Supreme Court on Wednesday had issued notices to the Parliament and the Senate to provide a list of members who held dual nationalities, while it re-issued summons to Rehman Malik, and Member National Assembly Farahnaz Ispahani to explain whether they held dual nationalities.
Malik, in his written statement, submitted through Attorney General Irfan Qadir before a two-judge bench of the apex court headed by Chief Justice Iftikhar Muhammad Chaudhry, held that he had renounced his British nationality on March 25, 2008, before holding public office.
Malik wrote, “I renounced my British nationality…. I thus do not hold any other citizenship including of British nationality except that of Pakistani citizenship.”
Chief Justice Iftikhar Muhammad Chaudhry then asked Malik’s lawyer Azhar Chaudhry to provide evidence to support the Interior Minister’s claims that he had renounced British citizenship.
He said that since his client, Rehman Malik, is currently on an official visit to UK, he will discuss this issue with him on his return. On hearing this, Justice Chaudhry advised Malik’s lawyer that it is better that he tell his client, fortunately visiting the UK, to procure relevant certificates from the British government to support his defence.
Earlier, while explaining the circumstances surrounding his British nationality, Malik stated, “it may be informed that by virtue of my continuous exile in UK for nine years due to political victimisation and life threats in Pakistan, which is a matter of public record, I was granted British nationality but I never renounced my Pakistani citizenship as dual nationality is allowed under Pakistani law.”
The court was also informed earlier through an application that it has no jurisdiction to hear this case of dual nationality. However, the court did not entertain that application and had asked Malik to reply with a yes or no answer to the court’s question.
Mian Rauf, the counsel for MNA Zahid Iqbal, told the court that the British government has only granted the status of permanent residential status to his client and that Iqbal retains his Pakistani nationality. The court asked him to appear with preparation about his nationality at the next hearing stipulated for May 16.
Despite being issued summons, MNA Farahnaaz Isphahani, nor her legal representative appeared before the court. The court asked her to engage a lawyer before next date of hearing.
Meanwhile, the petitioner Syed Akhtar Mahmood Naqvi, asked the court to take stern action against parliamentarians having with dual nationalities. On hearing his insistence, the court questioned the petitioner’s intentions, and inquired on whose instructions had he file such a petition. He told the court that he wanted to guide the people on right path. The chief justice said that only God could guide anyone on to the right path.
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Article 63 of the constitution CLEARLY states that any person who has acquired the citizenship of a foreign state is disqualified from being a member of parlaiment. The supreme court needs to take firm action. Rehman Malik CANNOT legally be a minister.
@Mirza:
You are confusing the issue. If you are a national of a foreign country and Pakistan then whose interest you will serve most? There will be times when you have to pick one, who that will be?
If one chooses to have a dual nationality and law allows it then so be it. But dual national should not be allowed to be members of assemblies. Assemblies should be for Pakistani citizens only.
lets hope justice administered without ' fear/fright' of high office incumbent holding?
Citizens of USA do not lose their religion and ideology. When boxer M. Ali was drafted in the US army he refused on his moral and Islamic beliefs. The US govt threw him in jail for refusing the military draft but the US SC gave the verdict in Ali’s favor. The point is nobody loses his/her morals and religious belief by being a US national.
But the law says if you hold dual nationality you stand disqualified from holding membership of assembly.
A new law is needed to bar dual nationality holders from becoming parliamentarians, judges and other government officials (the one who get paid from public funds) and this is parliament's responsibility and hopefully parliament will take care of it in due course of time. CJ SC needs to get the proverbial "job". CJ SC wastes his and whole nations time and resources on things which are do not fall under the domain of Courts. He has taken an oath to follow and protect the constitution, he can honor his oath by staying within his domain and not to encroach on domains of other institutions, that is the best honest thing he must do. CJ SC is NOT paid to do whatever he pleases to do, he is payed to follow the constitution and provide justice to everyone, if he wants to handle "law making" then he should resign and contest election to become a parliamentarian. Pakistan can be a great nation if all of us tries to do our job honestly, and staying within own bounds is the best honesty. What you will tell to a Policeman who goes to school and start giving a lecture to a teacher on how to educate children, when teacher ask the policeman what is your business? the policeman responds by saying that I am doing for "the welfare of children".
It is very true that when a person accepts another nationality by virtue of being naturalized citizen, he or she must take an oath to be loyal to that country's constitution and flag, there is no room being loyal to any other country at the same time. Lets not forget that Pakistani elite keep these dual citizenship because they know that they could run away with the looted money and rampant corruption in Pakistan and not accountable to Pakistani courts because they don't live in Pakistan anymore. Look at Mush, he is not accountable to anyone or any courts for what he has done to the country. Former ambassador Haqqani flew the coop and who is going to bring him back to face the court. The fact is that those who hold dual citizenship should not be allowed in any capacity serving or milking the Pakistani government specially in the Assemblies.
If court takes no action in this case, it will make itself controversial. I wonder who would go against the petition after reading the oath of allegiance prinited above in the comments of Saleem. Thank you Saleem.
Following is oath of allegiance that everyone who becomes a US citizen has to take:
"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God."
Read it again and then tell me if there is any ambiguity about still having any allegiance to another country.
Yes, it is a crime Malikjee when treason is committed against the state that you profess to serve. Wikileaks showed us exactly how you think privately when you meet foreign leaders and how hollow are your protestations in public. *Sadly, Pakistan is bedeviled by shortcomings of its own leaders who have exploited Pakistan as their *Jagir. It must come as a surprise to you that Robert Clive was never accepted by the aristocracy in Britain and failed to enter Parliament, while his successor Warren Hastings was censured by Parliament for accepting a Jagir and for his excesses in India. You should learn how nations become great.
@Shahzad Kazi: it is not a question of doubting someones loyalty. Dual nationality provides an effective escape route for the corrupt. how can you prosecute someone when they hide in the UK? you can put pakistanis behind the bars but with UK nationality it creates legal complications plus an extra cost of prosecution through video link...:)
amrsame Rahman is a fighter and extreemly hard working he is a genuine man he is our hero ,henie just great please learn to respect good people
The Contitution and the law of the land including election procedure rules should be strictly followed.
It is ironic that after four years of their term in office and two elections under Gen Mush's rule, "now" all of a sudden this purge is starting. The election commission is composed of judges and it is their job to scrutinize the candidates. The question should be addressed, is it legal to be a dual citizen and contest the elections? If it is then it is fine, if not then the election commission is responsible and the candidate should be rejected. How about the wives and kids having a foreign nationality and the husband do not, just to take part in Pakistani politics? Technically he is not a foreign citizen but can be any second as his wife and kids are! This would perpetuate the fraud and tricks with nationalities. Last but not the least; the NA/Senate should make the laws not the PCO SC. Why were these same judges not raising this question during the two elections (including this last) during Mush's office? What has changed now?
@Waseem Arain: Do you really believe that a person holding single nationality is more loyal to Pakistan than a dual nationality holder? In fact if you look at corruption alone, many officials who are Pakistan nationals alone are extremely corrupt and loyal to no one but themselves.
You can't be loyal to 2 countries.
It is well established that Conflict of Interest (COI) causes corruption and malpractices. When a person having taken oath of loyalty to two states elected to a house of one state, she is in direct conflict with its interest (i.e. second nationality). The best way to remove COI is to avoid it. Thus, we should not allow persons having any kind of COI to have any say in state matters be it dual nationality or having major financial stakes in other countries.
Still the priority of SC is not terrorism , which is all set to engulf the country . The confrontation is not in the country's interest .
This is right of every Pakistani to be eligible to hold public office .Holding another nationality does not make him non-Pakistani,they should be allowed to become legislators in Pakistan.
When people become national of other countries they solemnly affirm to remain loyal to that country and follow the Constitution of that country. How can such a person come to Pakistan and hold positions in Senate, National or Provincial Assemblies so much so that they hold very important portfolios. This can only happen in Pakistan.
Holding dual nationalities is not a crime, but dual nationals should not be allowed to become legislators in Pakistan.
It is similar to a perfect example of a slave having two masters at a time.
How can a dual national will protect the interest of Pakistani nation when after acquiring a dual nationality he or she becomes half Pakistani and half national of a foreign country.
Every pakistani Rich and Govt peoples hold foriegn nationalities every member of assembly childres are studying in U.S, England, Canada, Australia, Dubai even MQM members also not spare from this the so called middle class.