During the hearing, Malik's lawyer presented his client's declaration of renouncing his British nationality, but the three-member bench disregarded the documents as 'meaningless' and remarked that the documents were not what the bench asked for.
The bench added that documents suggest that Malik was holding dual nationality at the time when he became a member of the Senate.
“The court orders are being ridiculed… Why required documents were not submitted to the court,” Chief Justice Iftikhar Muhammad Chaudhry observed in an interim order.
Express News correspondent Sabur Ali reported that Malik's lawyer claimed that he had submitted the required documents in the court, but failed to submit any evidence of Malik renouncing his British nationality during the hearing.
The attorney general argued that the Supreme Court is not the competent authority to disqualify or suspend anyone's membership and the court's suspension of Farahnaz Ipahani's National Assembly membership was also incorrect.
Malik’s lawyer had submitted an affidavit before the court earlier stating that he renounced his British citizenship in 2008, but has failed to produce the required evidence. The court maintained that there was discrepancy in the dates submitted in the documents and the court was being misled.
The Supreme Court admitted another application against the dual nationality held by 17 other parliamentarians, including Hafeez Shaikh, Khwaja Asif and Sabir Baloch.
The apex court adjourned the case hearing till June 13.
Earlier, 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.
The court was hearing a petition filed by Mahmood Akhtar Naqvi, who alleged that Rehman Malik held British nationality.
COMMENTS (106)
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How about banning money remittance from dual nationality holders!!!
Politicians above the law, that is the diktat of the current regime. Anyone holding dual nationality should not hold public office as it opens doors for corruption, commit crimes then run away in the protection of another country, enjoy your bounty and come again if and when the same regime takes its turn to rule. This is the irony of Pakistan, the rule needs to apply to all members irrespective of political affiliation. It's the judiciary and election commission of Pakistan that need to take charge here, Parliament cannot enforce these rules - they are neither executive nor judiciary.
@imran: Running for 'Public Office' and 'Office Holder' are two separate (different) things. Please don't try and interpret formal English language without the necessary skill set.
The PCO Judges will be again humiliated as in the case of P M Gilani . EC should be held responsible for allowing such people to contest election .
even dual citizenship should be banned
cool
SC will again face humiliation as happend in case of PM . Speaker will decide the fate of Malik and since EC had allowed him to contest the election therfore speaker has to respect the public dicision .
Why every one missed that it is not uncomman in Pakistan in having foreign nationals to be head of party. Dont forget Altaf Bhai. What does SC say on this matter? What's your opinion? Does he have right to lead party being a British national? Pls guide me what does our law says on this matter?
What about foreign national head of PARTY? Do SC dare to ask MQM remove Altaf Bhai a British national as head of Party? How on earth a foreign national be head of Pakistan based party? Justice should be done.
How about the rest of the public establishment? The military, the bureaucracy, the police, the judges themselves? Any dual nationalities around?
@M Usama Kabbir: The supreme court exists to interpret the law and constitution is a truly democratic system. Courts should be scrapped if their decisions are not accepted. If their word is not final in regards to the law, then whose is?
I'm glad this individual has been suspended, hopefully permanently. This government is riddled with corruption and law breaking. Vote for Imran Khan if you want to save the country. The rest are as bad as each other. Time for a revolution
Mr. Imran, she is the party member not senate. Before making comment make sure you analyse the context complete.@imran:
What really needs to be done is that a case needs to be filed against the Election Commission officials who allowed for these dual nationality holders to be elected to the Parliament/Senate in the first place. They are the ones who have neglected their duty!
Worst case - I think that these dual nationality holders should be punished by a simple solution. Revoke their Pakistani citizenship so that they may never rule us again. They've already sworn allegiance to another country when taking up citizenship. Lets get rid of them once and for all.
Seriously who cares?
LOL...Rehman Malik loses British Nationality as well as the senate seat.
Why people can't digest supreme court's decisions. This law is made by legislators by themselves for themselves, and they should follow it. Supreme court decide according to law, but opponents has started floating court's decision. Alas!
@imtiaz gul:
Why feel perplexed? Onus of proof lies on Malik Sahib; SC has no business to collect information on his behalf. He was given enough of opportunity to clarify his position with documents. Better please have acquaintance with legal process/rules before making such suggestions. Regards
I wish ET had a "DISLIKE" button!
ET is a very nice newspaper that they never approve my reply to my Lovely, beautiful and tender PTI Jialas. Anyway I have one Question to all of them that if Fauzia Kasuri have the right to hold office in PTI then why Mr Imran Khan criticize Mr Altaf Hussain for his British Passport. Altaf Bhai dont hold Any Public Office so According to PTI he has every right to do politics as foreign national. Is it confusion or hypocrisy of PTI then?
Well we have had prime ministers who were dual nationals as well......Shaukat Aziz and Moin Qureshi....come to mind.. Why didn't the CJ take any action against Shaukat Aziz when he was a sitting prime minister?
the sweet sweet tears of PPP jiyalas on this forum
Now he can be called as the British citizen + Interior Minister of Pakistan
There may be legitimate case against Malik, but SC should and must follow Standard procedures. Once "unprecedented" procedures are followed then the practice not only amount to denial of justice, it also implies the existence of bias against the defendant and SC Judges must be free of bias. Justice must be done in fair and equitable manner. In our lives, we all may has lost/misplaced one or more important documents, this does not mean that those documents never existed. A sworn affidavit is a standard acceptable form of proof in such cases. Courts do accept this form of evidence and SC must accept this affidavit until unless it is proven false, in such case Malik should be punished for submitting false affidavit. Also, in case dates are off within reasonable limits of memory lapse then it should not be considered misleading the SC. Anyway, jumping to conclusion is not just, it only confirms bias. All those who applauding this for their short term selfish reasons, must remember what will happen if they lose some important document? If a wrong interpretation is used to convict the person whom I dislike, later the same interpretation can be used to convict me. We all must stand for justice, the fair and equitable justice for all, including the people we don't like.
Nothing will happen to this guy also. All are ....
So, When is PTI amending the constitution, barring and removing dual-nationality holders from its ranks?
@imran: FYI she is holding party position not government position.
@ ordinary villager, holding a green card does not require oath of allegiance but citizenship does. Those who hold citizenship of other countries should never be allowed to vote or to hold an elected office. Pakistan is a lawless country and the proof is apparent where a Supreme Courts orders are ignored day in and day out of this so called democratically elected thugs. They are there to loot the country and then fly the coop, this is the biggest reason Pakistan has been in trouble economically and politically because of these people who has no allegiance to the well-being of Pakistan.
@imran @ordianary villager Just shows how both of u r afraid of pti.. ur comments were plain dumb
The cat is out of the bag. Elite with their progeny on both sides of the border have brought insurance policy by having citizenship , green cards and bank deposits in western countries. Meanwhile the same elite are hyper nationalists and jingoists in their public pronouncements.The same situation applies to Ms Sonia Gandhi who kept her Italian citizenship intact till Rajiv Gandhi became the PM. Elite in both sides of the border share the same characteristics, They are westernized and have their children educated in the West while propagating extreme indigenous ideology for benefit of the gullible uneducated public.
The PMLN and MQM dual national holders still sitting in those assembliess dear PCO CJ. But of course they are loyal dual citizens.
Why dual national was allowed to become the member of senate and interior Minister who has been blame to to creates law and order situation in Baluchistan and Karachi. The court has committed much leniency and provide opportunity to Mr Malick to stay in his post for about 4 years.
Now, Pakistanis will see how many of their leaders will choose foreign nationality over nation.
@imran Is political party wing a PUBLIC OFFICE??????? Has she announced she is running for PUBLIC OFFICE??? I would say get some education before commenting.
Only Pakistani Nationals have the right to be the office bearers, Enough with Suitcase lot.
To the individual claiming that same rule should be applied to PTI chairperson. PTI is not in power and the said individual does hold public office, unlike the PPP where this is second example. I wonder how many more there are.
There should be another rule for EC of Pakistan. Any one wishing to stand for public should have spent minimum of 4 years out of 5 preceding years physically in Pakistan. That should sort out this mess.
@Ordinary Villager Does constitution disqualifies her from being a office holder in a political party? Now, if she runs for MNA/Senate seat, she MUST renounce her other citizenship if any, no one can and should argue against it. End of discussion.
Dual nationality is an important way for our people to learn from the western hemisphere and teach our own people GOOD things. If AQ Khan did not have European connections he would have had a more difficult time helping our country. Use your common sense people and don't restrict the options and freedoms of your country. Permit not only dual nationality but triple nationality so people can be helpful and good to one another.
PTI is the only political force which will never lose its parliament member on these grounds. It will boycott elections to avoid any future controversy. No member, no suspension.
The Supreme Court should tread the path of confrontation with those entrenched from many sides in a measured way.A few issues, very critical and far-reaching in their implications for the state ,should be focused and pursued for final action . Merely diluting its authority through stubborn resistance and clever manipulation by politicians and bureaucrats,would only compromise the courts' present position as pivotal to future culture of politics and civic responsibilities.I am sure all sou motto cases and other applications from fame-seekers are duly analysed internally for a likely decision and its impact on the government before allocating court,s energies on them.Otherwise, it would result only in boosting of ego or waste of valuable judicial time.In the present case also no body would go home and things would continue in the manner as in the past.
Hmmm. Timing and sequence of decisions. Are you thinking what I'm thinking? If SC had Pursued some cases pending against non PPP people it would regain credibility.
@Imran Mohammad: This argument is absolutely right. She is running PTI as a member of CEC and she is a senior member of PTI. She is not even a Pakistani national and she is running a Pakistani Party????. The woman who spend most of her time in America what does she know about Pakistan. ????. There are many Pakistani Middle class women living in pakistan who can run PTI in a better manner if given a chance. So stop defending this stupidity of PTI. If you want to do politics in pakistan then be a Pakistani or else you have every right to leave Pakistan.
What a stupid/silly argument is this? Is she a MNA/Senate member? Get a life dude.
PPP leaders are punished for those things which are not criminal. Does it mean during last four years they didn't do anything bad. SC is not punishing them, its on their side.
Yahoo!!!!!
strange country a non muslim can not be an office holder whereas non Pakistani's can be an office holder. All these non Pakistani passport holders are holding good position does it means that Ghaar ki murgi Daal brabar.
@imran: PTI has no obligation as she is not an appointed public servant or holding a public office.
Why cant the Supreme Court ask the British authorities for a proof of Rehman Malik's British nationality, I wonder?
@Dinky Mind: Mr Dinky Mahmood Akhtar Naqvi was the person who filed this petition. It is not a sou moto action. If you think that others are sleeping then why not file a case against the remaining MNAs and MPAs of Pakistan. We cannot blame the SC but we have to blame ourselves that we are not bringing case against these Politicians.
wow after four years they realized that they have people in government who have dual nationality, better late than never:)
Good, now please don't retreat from this decision.
All our Institutions are in Connivance. And full of Incompetence. Corruption is only a side kick.
Interior Malik is the voice of the ordinary people of Pakistan. He lives such a simple and humble life. Why do the courts always victimize PPP? First ZAB Bhutto. Then Shaheed Mohtarma Bhutto.Then PM Gilani Bhutto. Now Dr.Rehman Malik. This is a conspiracy against democracy and PPP.
I will jump with joy if the same is done for approximately 5 Nos. PML(N) parliamentarians.
SC zindabad. His place is behind bars or outside the country.
Go Rehamn Malik go back to UK
Do not be surprised if you find he is not a Pakistani national.
Is this still a half judgement. Please write that he is no longer an Interior Minister.
Same the bench earlier wasted time of the nation PM contempt case.
Honestly this CJ should resign on its judgement. He proved that he has no power in premiere case. The clerk sitting in Wapda has more power than CJ of Pakistan
Did 1947 azadi meant azadi from MORALITY. Zardari owes an apology to the nation for having such people as members in the cabinet. please do have some respect for the honour of Pakistan. Having people with split patriotism is not a good.
dear R M are you a british citizen or not? Its a simple clear question. If you are not a british citizen prrov it. Thats all the court is asking no more no less. Larkidesi @twitter
Will he still be The Ineterior Minister of Pakistan.
so is he still the interior minister?
next news item....................he has been appointed as advisor to PM on internal affairs.
It will trigger another constitutional debate. Thanx to the Supreme Court we are never short of juicy issues!!
Welldone Supreme Court...Now check them also who laundered money abroad...
It is reported that another 14 MNAs hold dual nationality including the Finance Manager. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Bravo!!!!!!!!!!!!!!! Keep heading towards true democracy.....................
You are our only hope, keep it up
You are only hope, keep it up
Definitely a good decision.
Two down. Hundreds more to go.
pakistan has become a joke.. no clue who is real and who is fake...
Really SC, after nearly 5 years??? We Pakistanis laud your timely action.
Do we have clear laws in place? If yes, why don't people follow them? Rehman Malik's membership is NOW being suspended after all these years?! Where was the check & balance system earlier?
THIS is meaningless, since their term is about to end anyway.
And the Raiwind Hitman strikes again. Punished for re opening cases against shareefs and starting investigations against the corrupt son.
GODDAMMIT! He was the most entertaining of them all.
Pakistan's Constitution given NO Power to SC to suspend membership of Parliamentarians and Senators directly. Shame.
That's Really Sweet News..in Hot Weather ...Thank you SC !!
"The Supreme Court is not the competent authority to disqualify or suspend anyone’s membership and the court’s suspension of Farahnaz Ipahani’s National Assembly membership was also incorrect."------ The attorney general. Perod.
SC cannot suspend membership of a parliamentarian. its illegal. SC z highly politicized institution.
Good riddance.
I wish old politicians in Pakistan men and women would stop dying their hair. Come on, get real, having grey hair is respectable.
Why this decision NOW? Honorable CJ?
This is not just legally right but morally right as well.
How can he love this country?how can he think about our good and bad?It proves he is corrupt,liar.He is simply a traitor.Very good decision by SC
'The Clash of Titans' lets see what happens
If this trend will continue then not only members of PPP but Half of PTI will be disqualified before elections and many of PMLN members too. Moreover some members of MQM too.. Miss Fauzia Kasuri a women head spent most of her life in America and she also hold American Green Card and many of the senior PTI members are foreign nationals. I think all parties PMLN, PPP and PTI should make a new rule that from now on no one with dual nationality could hold office. There is nothing wrong in having a dual nationality but if you want to hold Public office then you must be a Pakistani national so your priorities will only lie in Pakistan then.
Oh My God!! hahaha
now can PTI remove their women head, she is a USA citizen.