Dual nationality case: SC gives Malik 24 hours to prove renouncement
The minister's failure in satisfying the court by showing the receipt of the payment made to forgo his British citizenship may cause him to lose his membership in the parliament.
“You are showing us the form,” said Chief Justice Iftikhar Muhammad Chaudhry to the minister’s counsel, Chaudhry Azhar. “Show us the declaration renouncing his (British) citizenship.”
The court also directed Attorney General (AG) Irfan Qadir to write to the national and provincial assemblies for information regarding MNAs and MPAs with dual nationalities.
Earlier, Malik’s lawyer had failed to produce any evidence of Malik renouncing his British citizenship. He had submitted an affidavit before the court stating that he renounced his citizenship in 2008, but has failed to produce the required evidence.
The counsel had tried to shift the court’s attention towards technical issues of the documentation. The bench did not accept this and reaffirmed that all he had to do was show the receipt of the payment made to forgo the citizenship.
During the last hearing, the Supreme Court suspended the National Assembly membership of Farahnaz Ispahani, media adviser to President Asif Ali Zardari, for holding a US citizenship and warned Malik over the matter too.
Giving an extension to the interior minister as per his request to provide the receipt, the court had warned that if he failed to provide it, his membership in the parliament would also be suspended on May 30.
The court was hearing a petition filed by Mahmood Akhtar Naqvi, who alleged that Rehman Malik held British nationality.
Correction: An earlier version of this story incorrectly stated "membership in the National Assembly" instead of "membership in the parliament". The correction has been made.
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Faiyaz haider sb...u r correct but we r in a state of denial n convinced not to b convinced...n some r obssessed with the judges especially Choudhury sb n feel that PPP govt n it's MPs are being denied justice when the relevant constitutional article clause is very much clear...what else is there to prove.....?
If Rehman Malik has lied to the SC will he be charged with the very serious offence of PERJURY?
RM will never renounce British citizenship. Where else would he hide the loot. He is not stupid to go penniless.
This is a country that imported three US citizens (Bogra, Moeen Qureshi, Shaukat Aziz) to directly appoint them to the post of PM. This was done by the patriot establishment. Current PCO judges were appointed and twice terminated by the Expatriiate PM Aziz. Why suddenly this Farmaishi petition (in the words of Asma Jahangir) is being taken at this point.
SC is the last appeal body for such cases but they are acting like a presiding officer. A petition against Shehbaz Shareef is pending in the court for four years but that will never be taken till the time his tenure is over. Bias is floating non the surface.
I live and earn in North America and send lots of $$ home, even while our rupee is going down the toilet (it was 94.5r pkr/USD in the morning). We overseas pakistani are the ones who keep the pakistani foreign exchange coffer filled. I remember my anxiety filled days, when my $$$ accounts were frozen by the NS government after the nuclear bum tests in '98. Also, I am sure imran khan doesnt travel to UK on tourist visa, can pti prove that i am wrong? Lets get real if we kick out all those who have resident permit or citizenship of foreign country (IMO they are same because the person has a 'get out of pakistan' option open, and please, dont bring oath for loyalty and other BS ), then we will have to elect all the mullahs because nobody besides us wants them anywhere!
@Beatle: Please read Article 63(1)(C) before accusing. It declares: 63. Disqualifications for membership of Majlis-e-Shoora (Parliament): (1) A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if:- (a) he is of unsound mind and has been so declared by a competent court; or (b) he is an undischarged insolvent; or (c) he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or
One should be proud of Pakistani citizenship, or don't become a representative of People of Pakistan.
So it looks like a receipt of payment to cancel citizenship is not enough, nor is a sworn affidavit. what type of proof would satisfy the judges? Also which specific section of the constitution is being violated? Why did Election commission not validate criteria - the election commission for 2008 election after all was not appointed by PPP, it was appointed by Musharraf.
I am not a Rehman Malik or PPP supporter but it looks like justice is not as unbiased as people around had hoped when the lawyer's movement was in full swing.
All Pakistanis, who do not hold certificates of renounciation, are suspect.
The SC should atleast let him complete his tenure which is about to finish.
Pakistanis in foreign countries send millions of dollars home and in return the supreme court of Pakistan throw them out from seats.
so what if he is British citizen. He is not a Gora. Deep down Rahman Maik is a true Pakistani and a patriot who serves his country proudly every day. Thank You Rahman Malik for existence.
Hey you guys sounding hyper patriots should remember that overseas Pakistanis are keeping you afloat by sending their money home. Don't be too carried away !
@DevilHunterX: hahaha good one Pakistan is a happening place
Supreme courts lacks Patients
Our respected Supreme Court is re-writing the constitution. There is no clause whatsoever barring dual nationality holder to run or hold an office. Even in Farah Isphahani order, SC failed to refer and clause of the constitution of Pakistan OR the Penal code. The whole order was based on assumption that a foreign (Dual) nationality holder can not be faithful to Pakistan. In this context, SC must withdraw the right of vote to the same catagory of voters.
@Raj - USA: So what's major what this? Nothing!
There should no bar on dual citizens in holding public office. There r many Pakistani nationals who r british too and sitting in British Parliament. I think the only solution for Pakistan is western trained people, that includes politicians. While I am no fan of Rehman and would love to see him removed, removing him this way is not right.
Why does not the election commission 'verify' all such things according to the rules if in the constitution at the time when any candidate files his/her papers to contest the elections. Just like it takes asset declarations from everyone but never verifies them. There must be some procedure to verify asset declarations, dual nationalities etc. Otherwise, deceiving and lying is the easiest thing to do in this country. Why all such issues need to be resolved by the court only. Election commission needs to perform its duties well and should leave the courts free to resolve issues of common people.
anyway , they enjoyed 5 year of government
Well done Supreme Court! Great decision...@Logic Europe:
@to all those concern about 4 years....
This is election commission's job to disqualify or do not accept a person for MNA or senator with dual nationality but since election commission is controlled by government therefore no action has been taken by it against this.
SC only got into action when someone filed a petition regarding this.
@Owais Ehsan: Yes, definitely but our Election Commission is as corrupt as other institutions
@citizen: SC took action after the petition was files by Mahmood Akhter Naqvi. Its not a Sou Motto case.
@Word Life : They have written "Parliament", not "National Assembly". National Assembly and Senate jointly form "Parliament".
@Blithe: All categories mentioned by you need dual nationality to safeguard their accumulated wealth, properties, lives and families. Politicians need is to make a law in its favour to avoid judicial harassment to all concerned.
Irony to the max.... a foreign national is our Interior minister.... no wonder we have all these conspiracies going on without any recourse
The nationaility of our Pres. is jail. SC should ask him to renounce his present citisenship and go behind bars where he belongs.
Why to wait one more day ? Do it now because I know He can't proof that He left the Citizenship from UK. Because every one know after the tenure complete this govt they will run to the other countries like Mr Z will return to Dubai, Rehman Malik to UK and so on like Hussain Haqani did after memo commission.
Doing this was the job of the Election Commission and the government machinery four years ago. Anyway, better late than never.
It seems he will be disqualified.BUT what about the breach of law by him being member of parliament for 4 odd years. And I predict that he will be made advisor to PM with status of Federal Minister incharge of Ministry of Interior the day the verdict is announced
CJ Sahab Please disqualify him from his membership today ..... very hard to wait an other 24 hours for such a gr8 news .
Hahaha a form?? r u kidding
@Raj - USA: Something major is always happening in the 18 to 36 hours.
The IM should follow the steps of his leader and take a stand against the judiciary who is bent upon toppling the govt on one pretext or the other.
Rehman Malik will be welcomed in PTI on issue of dual nationality.
Rehman Malik will also help cement alliance between PTI and MQM.
@Yousuf Raza Gillani: Where will this poor stateless homeless person go ?
Mr. Rehman Malik will renounce Pakistani citizenship instead of UK
Proud of the Supreme Court.
Civil servants , diplomats , security/ army, parliamentarians must not have dual nationality as they then try to bypass the national laws.
No exceptions must be entertained!
Too little too late. They are almost done with their term and the damage. He will certainly drag the case for a few more months till the end of governments term.
court has finally issued a 24 hour notice.. wake up guys he is in the government since 4 years.
Is there any other legal issue in this country?
when these our beloved Politicians love soo much our country Pakistan, that they can even give their life for it, then why they keep nationalities for other countries? as a backup plan? to run away?.
for Mr Malik i am sure he can give up Pakistani nationality any time but British nationality is a little hard to give away.
Here we go.....all elite class MPs holding dual nationality will go to their escape routes......Well done SC......MPs with dual nationality are biggest obstacle to recover looted wealth of Pakistan.......
Shouldn't these things be done prior to the appointment into public office ?
Looks like Nusrat Javed's prediction in Bolta Pakistan is true. He predicted that something major is going to happen in Pakistan within the next 18 to 36 hours.
Why doesn't he leave?
Inshallah............
why SC took action so late ? its almost PPP's tenure end. What is the point now ? We all know that PPP's followers are being indifferent to SC's orders. Anyways a good example for new/next comers if SC verdict is enacted upon.
SC Please Make it Happen !! Today !
the Suprem court is de facto running the country so it should also accept criticism for all the problems the country faces
@ ET Please correct the following statement
"The minister’s failure in satisfying the court by showing the receipt of the payment made to forgo his British citizenship may cause him to lose his membership in the National Assembly."
Mr. Abdul Rehman Malik is a Senator not a member of National Assembly