Dual nationality case: Malik given ‘last chance’ to prove he is not UK citizen

SC rejects documents submitted by the interior minister; AG says disqualification of lawmakers not SC’s jurisdiction.

Azam Khan May 31, 2012


The Supreme Court rejected documents submitted by Interior Minister Rehman Malik as formal evidence to support his claim of renouncing his British citizenship. Hearing the dual nationality case on Wednesday, a three-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, identified several anomalies in the documents submitted by Malik – but gave him one last chance to submit genuine documents to prove his claim.

The minister’s failure to satisfy the court by showing a receipt of the payment made to forgo his British citizenship may cost him his parliament membership.

“You are showing us an unattested form that has no significance to us,” Justice Chaudhry told Malik’s counsel, Chaudhry Azhar. “Show us the signed, stamped declaration renouncing his (British) citizenship,” he demanded.

The court observed that the dates mentioned on the form submitted by Malik did not match the ones mentioned in an affidavit submitted earlier by him.

The court was also informed that the name of Malik’s wife was mistakenly written as Saeed instead of Saeeda. However, the court chose to ignore the correction and incorporated Saeed in its written order.

The court was hearing a petition filed by Mahmood Akhtar Naqvi, who alleged that Malik held a British passport.

During the last hearing, the Supreme Court suspended the National Assembly membership of the president’s media advisor, Farahnaz Ispahani, because she held a US-Pakistan dual citizenship.

On Wednesday, Ispahani moved an application seeking adjournment of her case.

The court also found contradictions in MNA Zahid Iqbal’s statements and expressed concern over his possession of more than one passport.

Attorney general raises concern

The court ordered Attorney General Irfan Qadir to get in touch with national and provincial assemblies for information regarding lawmakers who hold dual nationalities.  The AG, however, asked the court to refer the matter to the executive authority. He explained that, just like the judiciary cases are referred to the Supreme Judicial Council, parliamentarians’ cases should be dealt with by parliament itself.

In response, the chief justice told Qadir that since this was not a case of misconduct there was no need to refer it to any other forum.

Justice Jawwad S Khwaja asked the AG to refrain from a briefing on Malik and Ispahani and instead, assist the court.

An adamant Qadir insisted that the issue raises a question over whether or not the court has the mandate to disqualify parliamentarians. He also raised objections to the chief justice’s referral to the fake degree case as precedent, saying that the members will continue sitting in the assemblies to address the miseries of overseas Pakistanis.

Published in The Express Tribune, May 31st, 2012.



Wajahat | 10 years ago | Reply

It is hilarious that this law was promulgated by a dictator whose own Prime Minister Shaukat Aziz was a dual nationality holder and where is written in constitution of Pakistan that a dual nationality holder can not be MNA… Which law said that a dual citizen cannot be a MNA? Pakistan changed its citizenship act retroactively in 2002 to allow dual citizenship of 16 countries including USA. Which law did the PCO judges use? No law at all. The as usual took over the function of the legislature and created a new Law for the land of the Pure. Judicial activism is just directed to target PPP parliamentarians and members. If Supreme Court passes ruling against dual nationality it should also pass a ruling according to which No MNA, or MPA can send his/ her family abroad either for education or settlement but court will never do because their own families are living abroad and their children are studying in foreign institutions.

Madeeha | 10 years ago | Reply There are many US high officials who have been dual citizens of Israel and other countries. Every Pakistani American can and some do, contest for all posts except the president, who has to be a born US citizen. However, their kids who are born here can contest all elections and there is no law to stop them. I have read a few posts that talk about the family having foreign nationality and that is helpful to flee the country there were references to Nisar and JI leaders. It is interesting that people are not honest to open their mouth about Imran Khan and his family. I am the supporter of dual nationality but one has to be honest across the board. This is a war against the parliament The NA/Senate should hold the session and clarify the law so the election commission could use it when approving the nomination papers not four years later on a personal grudge
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