Dual nationality: SC suspends Ispahani’s NA membership
The court observed that Ispahani, wife of former ambassador to the US Husain Haqqani, cannot be a part of proceedings in the National Assembly.
The Supreme Court expressed its concern over contents of the US citizenship document, according to which a person has to renounce citizenship of the country they were born in when they attain US citizenship.
Also, when a person swears in for the US citizenship, they need to be loyal to the US and if needed, they have to take part in war and also perform their duty as non-combatant. The court said that this also means that Ispahani could be given the task of spying.
The court questioned why she had concealed this fact before sitting in the National Assembly, as she “might have collected secret information regarding sensitive matters, particularly defence and foreign issues.”
Rehman Malik’s lawyer failed to produce any evidence of renouncement of Malik’s UK citizenship.
Earlier, the Supreme Court had issued notices to Interior Minister Rehman Malik and Ispahani, as both of them had failed to appear during the last hearing.
In today’s hearing, Malik requested for more time from the court by filing an application through his lawyer.
The court was hearing a petition filed by Mahmood Akhtar Naqvi, who had alleged that Chaudhry Zahid Iqbal, Chaudhry Iftikhar Nazir and Malik held British nationalities, while Ispahani possessed US nationality.
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There are overseas Pakistanis who are Pakistani nationals, who work in foreign countries as foreigners .where as dual nationals have taken oath of complete loyalty to their new country, how do you expect such person to represent the Pakistani people, who for instance is a citizen of another country, recently an American senator had to cancel her new French nationality to avoid being stripped off her senate seat.. Enough of imported ministers and leaders!!
why they holding other option ? Only those people will stay in worst condition if ............... their flights are always ready .......
i would request to nation please do not elect them .........Find pure Pakistani who have aim to die in Pakistan.
This is a farce. Either one is a citizen or not. If one is a citizen his rights to represent others in the parliament should be equal to that of another citizen.
Its a shame that Pakistanis are turning more xenophobic and paranoid. Everywhere they look they see an enemy, every second person is a potential Mir Jafar, peoples patriotism is questioned left and right.
I am astounded that the supreme court would get into mundane matters like Isphahanis passport while terrorists have destroyed this country. No terrorists is every convicted. The likes of Qadri are showered with rose petals and an ex high court judge decides to defend him in court.
The low IQ people of the Pakistan army are so stupid and corrupt, was not Shaukat Aziz, a US national, a member of the national assembly and Prime minister as well???
So only dual nationality holders can be recruited for spying and not local Pakistanis? What about Dr. Afridi or countless other Pakistani "Assets"?
It is one thing to hate politicians but to marginalize all Pakistani emigrants because politicians/rulers hold dual citizenship is absurd.
Pakistan's problems are not created by dual citizenship, Pakistani emigrants or "foreign hands" but by the culture of corruption that we all are responsible for, especially the innocent public that keeps electing same retards again and again.
FYI, list of US senators with foreign nationalities: http://www.senate.gov/pagelayout/reference/threecolumntable/Foreign_born.htm
Am I reading it right? If US naturalization process requires a person seeking US citizenship to renounce citizenship of his/her country of birth, then it should be a matter to be discussed at US court of justice. American Court should decide if the person did or did not meet the requirement of US laws. Issue for Pakistani court is only whether person with dual nationality could hold a public/elected office. In its zeal for activism, SC seems to have lost its purpose and sanity. When is this Chief retiring? Hopefully the successor will be a chap who knows what he is dealing with.
The Federal Finance Minister is married to a US citizen and is a US citizen himself.
@DevilHunterX: The first part of this law makes clear sense. It is the second part that would be OK if someone gives up Pakistan citizenship and acquires foreign citizenship, however, the dual nationality holder here would be a Pakistani by birth and should have the right to run for office.
@Prince Harry: You are assuming that there is a contradiction in upholding both the constitutions of the United States and Pakistan. In addition it seems that you think that the US is an enemy of Pakistan.
The last I heard was that Pakistan is a close ally of the US and is living off handouts from the US.
@Haris: This is totally incorrect. The European Union and the UK both allow people to hold dual citizenship.
@Salma: Why is it shameful? Many countries like Canada, UK, US, Singapore, Thailand, etc. allow dual nationality. What is wrong with that?
@vasan: Not true. I know for a fact that there are several Pakistanis all over the United States who remit money to the tune of millions of US Dollars in the form of charitable contributions to Pakistan.
The laborers send money to their families.
There is a difference between foreign expats and people who obtain foreign nationality which for most is an exit card if things get messy back home. I think it's quite fair that members of parliament being very closely related to the uplift and betterment of the country should be people have actually have enough faith in it in the first place not to go or the safety card in the first place
I personally like isphahani though
Pakistani governance should only be Pakistani then he only can realize the distress and problem of it's nation
@ahmed:
Personally I am in favor of dual nationals serving Pakistan if they are honest. SC does not make the law, It is the parliment she is member of who makes the law.
Being a recent naturalized US Citize, I did take oath to defend US and its interests, bear arms on her behalf etc. How can one take this oath and hold a Public service office in another country ?
This is a classic issue of legality that perhaps in past was not vetted well but I am sure in not so long in future, it will become law to not hold public office if you are Citizen of another Country. Conflict on interest is at its maximum.
The petty mindedness of revengeful judge. continues Ch Nisars wife is American so is she spying! shame on people who applaud this pettiness
Bravo bravo chief justice YoU are my Hero
This is a confusing and misinformed article. I think US allows dual citizenship now, it didnt allow it before. Also, a person with dual citizenship cannot be barred from the parliament from my understanding. Ispahani was barred from the NA probably because she only had US citizenship, not dual.
@da man: Where does it says that dual nationality holder can be a member of the parliament?
Good move SC
@LionOfPunjab: Says alot about your mentality when you question a persons personal life even though he is not a member of parlaiment. His children and wife are UK citizens and you have no right to question that since they are not ruling over this country, unlike other parties where relationship to the party leader means a sure shot to attain leadership. IK is a Pakistani citizen and he does not wish to marry any woman now let alone a Pakistani one. Tell me what credentials do Hamza Shahbaz and Maryam Nawaz have that they got such high spots in the party? Or just because they have the Sharif blood they are destined to rule us. I pity you my friend. May Allah guide you to the right path and show you the folly of your ways. Ameen.
What is role of Election Commission in such matters.In this turf war,some agencies are arrogating to themselves responsibilities of other offices.Where would this lead us to? A mayhem of crosswords within the arms of government,God forbid.
"...and if needed, they have to take part in war and also perform their duty as non-combatant." This is called selective service in the US, and it is binding on permanent residents (green-card holders) as well. The investigation should then be extended to green-card holders - which are abundant in the parliament.
@DevilHunterX: Yup most poster defending Ms. Haqqani overlook that the constitution is unambiguous about this. If PPP has a problem they can legislate.
SC gone mad. Openly biased judges. Can I expect any justice if I belonged to PPP?
Boy the PPP supporters are really dumb.
Article 63(1)(c) of the constitution says “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.”
@Ayesha Khan
Which generals has a non-Pakistan citizenship? Just because the PPP is ridiculous doesnt mean everyone else is in the same boat . As far as I know it is only their children enjoying the luxuries of Western education and living luxurious lives on looted money
Shame shame Shame on them
Having dual citizenship is not a problem, but the issue here is that one who does cannot and should not be representing Pakistan people in the Parliament or Senate. Citizenship oath supersedes loyalty of existing country to new citizenship country. You are legally bound to defend the new citizen country over any other including your previous citizenship country. New Citizenship country does not care if you have or maintain previous country passport as your new oath sursedes old oath. It is the previous country which either allows you or not to hold 2 passports at the same time. Pakistan at the moment allows citizens of USA, UK, Germany, France, Holland, Canada and a few more to also maintain their Pakistan Passport as being active, not void. So, Rehman Malik, Isphahani, others can be dual citizens but not representing Pakistan in Parliament.
@Zamir Malik: what about cases like Nawaz sharif daughter married to a muslim Royal family. what is your recommendation about such political leaders and conflict of interest?
by that logic, pakistanis living abroad should not be given the right to vote abroad!
@Not me: "Did PPP not know the law?"
There was no law preventing people with dual citizenship from contesting elections.Nor does the constitution state this anywhere. The courts are just making stuff up as they go.
By the way, Ch Nisar's wife is a US citizen as are his kids. Does the same issue of conflict of interest not apply to him?
What about generals with dual citizenship? What about about generals whose kids have been given scholarship facilitated by US in prestigious US universities. Would there not be a conflict of interest there?
@vasan:
I don’t get your point. According to your own link a very substantial amount of remittances are coming from countries that give nationality to foreigners, negating your claim that ex-pats with dual nationalities do not send remittances. Your own provided evidence contradicts your claim.
If Pakistanis without dual nationality in other countries are also providing remittances that does not take away from the efforts of dual national ex-pats.
@the Skunk So many cases in SC and they are on mission MakePPPGo form Pakistan- But they'll fail, Zia did- failed, IJI- Failed, Sharifs-Failed and will they!
@Haris:
Lord Ahmad is member of British House of Lords and also keeps Pakistani nationally. You may remember there was attempt by Azad Kashmir government to cancel his Pakistani nationality a while back which is evince that he indeed holds dual nationality.
You need to check your law before making such claims.
This also raises the question that if host countries where these people were not born has no issue with them becoming members of parliament despite holding dual Pakistani nationality then why is CJ complaining about it when these people are natural born Pakistanis and deserve to have more rights in their country of birth than a foreign country. Very clearly foreign countries are giving more rights to dual national Pakistanis than their own motherland. CJ should right this wrong instead of going along it.
@SCHater: I think instead of blaming SC we should blame PPP which is full of theives and looters. Are you forgetting Amin Fahim who said he doesn't know where Rs.40m came in his account? That is just one small example.
@da man: In constitution of Pakistan. Every aspiring candidate has to sign a declaration that they don't have any other nationality. Precisely on that declaration the SC took the decision.
Umer : Here is one evidence http://tribune.com.pk/story/146492/record-high-remittances-cross-1b-mark-in-march/ Even if u take the US/UK combine it is 30% which includes both dual nationals and only pak citizens.
Don't think the Supreme Court's decision is right.Overseas Pakistanis are more concerned for the welfare of Pakistan than the rest of Pakistanis.They are the people who would turn the fortune of the country.You would find more traitors within Pakistan and none outside.Over and above OS Pakistanis are the biggest source of Foreign exchange.
Is this answer to Hussain Haqqani's TV interview yesterday? SC is the final appeal court but is acting as a session court. Such reference is normally decided by the Election Commission first and then the right of appeal exist at High Court and SC level.
History will not judge these judges very kindly.
@Umer: Because becoming an American citizen means upholding the american constitution and defending America against enemies while the oath you take when becoming the member of national assembly you take the oath that you will defend Pakistani constitution and defend Pakistan against enemies... If you can't see the contradiction then God help you. Btw the voters take no such while voting in Pakistan
Well done by the Supreme Court
How many dollars have the Ispahanis and the Haqqanis sent to Pakistan? They probably took away many more. And, this woman was an aide of the President and had acccess to all information.. The President's house has other American citizens occupying sensitive positions. Time to clean up!!!!
@Ch Allah Daad:
Attacking Supreme Court is much bigger crime than dual nationality but that doesn’t get noticed.
no problem president will excuse you, and dear america is there to help.
@vasan:
I look forward to your evidence.
@Umer: "The Supreme Court expressed its concern over contents of the US citizenship document, according to which a person has to renounce citizenship of the country they were born in when they attain US citizenship."
@Umer: Do you need a Teacher to explain you what this text means?
FYI! I am not sure about US Immigration laws but in Europe, holding dual Citizenship is unlawful and a person is obliged to receive sever punishments and fines. He/she would be barred from any Social and Political activities for life.
Bar on dual nationality being a member of Parliament is contained in the Constitution. SC had no discretion in this matter.
All dual national Pakistanis should stop sending money to Pakistan. You people do understand that the remittance from expats is the largest single source of foreign reserves for Pakistan!!!!!
If the law was already there and she contested knowing it very well then she deserved it. If law is made for her because she is the wife of HH, then shame on selective justice. She is one of most respectable lady who has ever served Pakistan. Her father donated his residence in Washington D.C. to Pakistan Government to establish its Embassy because Pakistan could not afford rent.
It is time to IK and PTI to come clear too. Do Ik's sons have UK citizenship or pakistani. Does IK have UK permanent residency? If yes, why doesnt he give it up? What? pakistan is not good enough that IK also needs UK 'green' card? What about all the loyal lotas? Why doesnt IK marry a pak-saaf pakistani woman? arent they good enough for him? Inquiring mind needs to know :)
Umer : I think u need to check your figures. It is not the dual nationality Pakistanis who send their money to homeland. It is the sweating labourers in the gulf who are not holders of dual nationality who send their money to Pakistan.
Why single out a few MNA's. There is a big number of the Senate, NA and Provincial assemblies members as as well Federal and Provincial Governments who are foreign nationals.and I am sure most of the Judiciary members or their immediate family members would also be foreign nationals. I can name a a few who are Canadian citizens or whose families are living in Canada.
Pakistanis in the homeland need to start respecting ex-pats as we provide a lifeline to the Pakistan economy. Our dollars, pounds and euros provides essential foreign exchange for the nation. If dual nationals cannot be members of parliament then why is dual nationality allowed by the constitution and law?? Are the judges telling us ex-pats that if we become dual nationals we are second class Pakistanis??
And why are judges now interfering in Parliamentary matters? It is not the SC or any other courts responsibility to impinge the supremacy of parliament. This dictatorship must end!!
Philosophy aside, could the PCO CJ also let the less informed people like ordinary pakistanis know under which law he made this decision.
@A J Khan:
Agreed. It also creates a complication that despite of having good intention and advanced means of communications things are not passed on to the exile leader in totality and result in decision not based upon gournd realities rather an Eutopian approach is followed which evantually deteriorate the entire system.
Here is the US Oath of Allegiance that must be taken by all to become a US citizen.
"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."
As per requirement of the Oath of Allegiance, how anyone can be expected to remain loyal and honest to both the countries at the same time. It is highly unethical and illegal to take the oath of a Member of Pakistan Parliament without first renouncing his/her US citizenship.
Lol the courts are abit slow arent they?? After 4 years they realise this!! Its obvious when u take up a citizenship u to have swear allegiance to the country offering u citizenship! In uk ppl applying for british passport have to swear allegiance to the queen in a registration office. The pakistan system is just a joke..!!!
A right step in the right direction.Your Honour, Mr Chief Jusatice, go further and complete the task. The government's decision to allow right to vote for overseas pakistanis will create disunity among the rank and file of overseas pakistanis. The local non-pakistani population abroad will also not like all that 'hallah gullah' which the pakistanis make during electioneering. So, please withdraw this right in the larger interest of the overseas pakistanis.
Does this mean, no more dual citizenship to anyone holding a US citizenship? There may be more than you think in the National Assembly.
Having dual citizenship and serving in NA is two different things, isn’t it?
What a court which allows dual nationality holders to vote but not to be the members of Parliament, without any constitutional or legal basis. Its obvious to whom the favor is being meted out...
@Salma:
It’s not shameful when dual-national ex-pats send you loads of dollars and pounds through which this country is running as there aren't many other streams of income left these days. However when you need to give them something back then the same dual nationality becomes shameful. Time for ex-pats to stop sending money to Pakistan until they are given the same rights as the rest.
Dual nationality itself should not be allowed per se. The interests of both countries of which a person is a citizen could be at odds.
Article 63(1)(c) of the constitution says that a person is disqualified from the membership of the parliament if he or she acquires a foreign state citizinship. Simple enough?
Why are all cases against one single party PPP?
Instead of making law that a legislator should be at least graduate, the law should have been made by General Pervez Musharraf that any one who holds a dual nationality is not eligible to become a legislator and cannot contest elections either for Provincial, National Assembly or the Senate.
What sort of people we have who have minds to only protect their interest and NOT the national interest.
There are more my Lord...
This is absolute hilarity. I'm guessing she was also an American citizen?
The SC has done nothing for the country nor will. Just passing judgements is not enough, they must be enforced. SC is merely another institution using our tax money for nothing
Good job CJ. There are others with dual nationality e.g. Nisar. They should be suspended too.
court's decision is definitely appreciated and Chief justice is requested to pick all other such traitors in the assemblies for two reasons- first one of possible spying is already discussed above, second is that once these thugs are done governing us, they run away with looted money to the country of their citizenship, that MUST be stopped to make things better
PCO CJP Zindabad....
Are these the only members with dual nationalities ?
why dual nationality ? it's shameful.
The fact it's not acceptable is easily understandable but, did they really need to make it sound like it comes from insanely paranoid view points? It really isn't required to go that far into it if it's simply against regulations. The paranoia fights for the spotlight over the actual point.
PPP knows all rules. But their law wizards manipulate the laws. If RM had renounced British Citizenship what is the delay in producing the certificate. And why is SC granting him time again & again?
what about others holding dual nationality?
@KM: You are 100% CORRECT.
@F Khan: The new Parliament will, Inshallah. It will happen sooner than later.
@SCHater: SC's wrath against PPP is one's own myopic & prejudiced thinking
Salams to Pakistan
What about the other Green card & White card holders & dual citizenship holders? They are also almost foreign nationals who will run away when it suits them no more to remain.
Gud job done May Allah bless CJ Ameen
Another useless decision. full day of court hearing must have been wasted for non issue which has no public interest attached to it. Only objective of SC appears to make govt disfunctional through bombardment of cases day in day out.
what about REHMAN Malik & others honorable SC?
Selective justice like Atiqua Odho case, otherwise many judges also hold dual nationalities.
Good riddance!
wooo. one other from our highly 'respected' SC.... Just wondering do these judges know how much foreign exptriates contributed to pakistan ailing economy annually and without these remittance.. could pakistan survive on economic front.,.... I have dual nationality but everytime I think; Pakistan comes first and then anything else.... so how these judges are sataisfied that dual national holders cannot serve pakistan.. to serve Pakistan you need to have only Pakistani nationality???? ........ pathetic state of affairs.............. if she is wife of Hussain Haqani and SC want to give her punishement than cover her in some other case (memo case may be or some other fabricated case- as you are master by this time to go any lenghth to vindicate your oponnents) rather than in dual nationality case....... this is not a good way to punish your oponents without realising the fact you are punishing the most patriotic community... in the name of one or two individuals....
Pakistani's with dual nationality should not be allowed to hold public office....but who will make such a law when half of the law makers have dual nationality.....
Election Commission and Supreme court should also clarify whether a foreigner can head a Political Party in Pakistan. This becomes a dangerous as the Foreign Powers can use his influence for their vested interests.. A Foreign National heading of Political Party is more dangerous than a routine member of the assembly. All members of a Party headed by a foreigner should be disqualified because they are prone to work for the interests of a Foreign Country..
When Ruling they are Pakistanis when not ruling they are Americans. (Good work SC)
Good decision but why in the first place she was allowed to remain a member of National Assembly for 4 years????.Did PPP not know the law?
And SC's wrath against PPP continues!
not a good decision. Y CJ is barring respectable ex-pat citizens (with dual nationality) of Pakistan? If someone is doing bad, then punish him/her otherwise the nation is still having PCO CJP.
where does it say a dual national cannot be a member of parliament?
Mr Rehman Malik and Isphahani should resign. They are so selfish that they did not give up their nationalities for the sake of Pakistan then what do we expect that what type of services they will render to Pakistan?. Could you even imagine that America's or Germany's Minsiters will be nationals of other land and will be ministers in their own land. I appreciate the Supreme court concern in this regard. In my view Proper Legislation should be in place that Only Pakistani nationals could take part in Politics in Pakistan and they have to renounce foreign nationality once they are elected or take charge.
Bye bye Isphani...
Why don't now join PTI ? They are the only ones support dual nationality in parliament and government services....
No other political party will support you.
Justice Served. No more sindh card