ISLAMABAD: While the Supreme Court of Pakistan seeks proper arrangements for overseas Pakistanis to vote in general elections, it made it clear on Thursday that it would not allow dual nationals to be a part of the assemblies citing constitutional restraints.
However, the parliamentarians with dual nationality defended their loyalties towards Pakistan before a three-judge bench of the apex court headed by Chief Justice Iftikhar Muhammad Chaudhry.
The chief justice stated that if dual nationals are allowed to enter assemblies, then 'imported' prime ministers will come to power and rule us.
Senator Wasim Sajjad, the counsel for MNA Farah Naz Ispahani (who holds citizenship of both Pakistan and the US) told the bench that it was unrealistic to question someone’s loyalty on the basis of the nationalities they held and to suspend their assembly membership.
The court has suspended memberships of Ispahani and then Federal Interior Minister Rehman Malik for holding nationalities, in addition to Pakistan, that of the US and UK respectively. Besides three other members, Senator Rehman Malik has also been contesting his membership suspension before the court.
MPA Amina Buttar told the court that despite being a US citizen, she is still loyal to Pakistan.
Justice Chaudhry remarked that the court would not allow a foreign citizen to have direct access to Pakistan's nuclear weapons and other state secrets.
To this, Sajjad responded by questioning why such rule does not apply to positions like that of Auditor General of Pakistan and high court judges or chief justices.
Justice Khilji Arif Hussain, a member of the bench, replied that high court judges never sat in the defence committee meetings nor have any direct access to Kahuta nuclear facility. Sajjad said that the high court judges are authorised to suspend a prime minister and can also seek records and details of sensitive meetings of the defence and parliamentary committees.
The court adjourned the case for May 25, when Anwar Mansoor Khan - the counsel for Malik - will complete his arguments.
COMMENTS (20)
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@Butt: The countries with a warlike situation do not recognize dual citizenship. Nice try though!
A hypothetical situation: A Pakistani Potilician holding a dual nationality = Pakistan and India. Then what?
this dual nationality is root of every problem, politicians kids have foreign citizenship, and they are busy increasing their empires in west. Politicians know whatever be conditions of pakistan, they will reside and enjoy perks of western lives.
ali tanoli You are very right. I enjoy your comments
@A.Bajwa: Maybe you need to read the law. If you dont agree with the law than change the constitution, otherwise follow the law. Why is it that Pakistanis dont like to Follow rules. which they themselves set up.
It is not a question of loyalty, it is a question of law. Clearly it is against the law. So stop complaining. We who hold foreign nationalities agree that you cannot become a legislator or PM in Pakistan as it is under the law.
Obviously, Isphani lied when she took US loyalty oath, she had to give up all loyalty to Pakistan, either she is lying now or when she took the US oath. She is either lying to the US or to Pakistan
"Justice Chaudhry remarked that the court would not allow a foreign citizen to have direct access to Pakistan’s nuclear weapons and other state secrets."
But, Pakistan's nuclear secrets were sold and the technology proliferated, not by Pakistanis holding dual nationalities, but either by the Generals who were holding only Pakistan Nationality, or by the most respected Father of the Pakistan's bomb who also held only Pakistan nationality. In addition, the huge sum of money received for proliferating the technology never reached the exchequer.
Yes, Dual Nationality is an issue that has to be addressed. Auditor General, Chief Justice and judges should also be barred from holding foreign nationality. Also to be addressed is the question that if a person holding a foreign nationality can be allowed to control a major political party from abroad. Major political parties have a significant say in all policies of the government and its budgets, including allocation for defense expenditure.
I fully support the supreme court in disallowing persons of dual nationalities holding positions in parliament and establishment. Their loyalty is divided between their native and adopted countries. I will go one step further and opapose the right to vote for the overseas pakistanis. They will import the same filth and corruption from their native to adopted countries. Moreocer, the overseas pakistanis are doing no big favour bytheir remittances. They are not donating those remittances to the GOP but their kin and kith get them.
no sincere Pakistani would ever accept anybody to be in politics army police secret service diplomats etc with a dual nationality. when the so called person has taken an oath to defend her or his new country at any cost how can i then as a pakistani be sure he or she will not turn against me if the two countries are in a conflict mode? there is no need to contest the judgement. simply pack your bags and get out of the office u r holding. dont force yourselves upon us. larkidesi
I dont think that these dual nationals who contribute billions of dollars to the national exchequer can be debarred from public offices.Their contribution is a proof of their loyalty.Judiciary must know limits of their wisdom.
I think most of the politicians are keeping dual citizenship to fled the country whenever things turn against them..very sad..
The PCO SC judges admitted in the open court that they are exempt from dual nationality law. They have been mutilating, abrogating, freezing breaking and aiding and abetting in high treason so they are exempt and have divine immunity. They can convict one PM after the other and even hang them so they are the law without any accountability.
no dual nationalities. they take a oath to their adotive countries to be loyal and raise arms when requuired. If these people are so loyal and honest to Pakistan, it is very logial and realistic to have them quit the adoptive nationality and take an active part in Pakistani politics. They may bring some good change. Otherwise, these people can still take an active part in Pakistan's social setup. Why do they have to be MPs?
If the constitution of the country is clear about holding of any position in government organisations by those Pakistanis having dual nationalities,why then Mr.Sajjad you are wasting court's time and tax payers money.Can't you get the constituition amended instead which will benefit others who have not disclosed their true identity? Further holding foreign currency accounts at home and abroad never attracts attentions of court or government.Why ?
Benazir had only green passport, she fled from law Nawaz and Shahbaz Sharif only had green passport and they fled from law into exile General Musharraf has green passport and he is in exile -no number of warrants can touch him.
Who says you need to be a dual national to flee from the law and your mis-doings?
Judges are not making policies for the nation and this is the only job of MPs thats why they are not allowed by the constitution to hold other state nationality.
I think this is a very logical approach. Anybody willing to take part in Pakistani politics should revoke their dual nationality to be able to do so. This is the only way to ensure loyalty and credibility of the participants and, by projection, the safety and healthy up-keep of the country.
Public Offices in Pakistan are meant for Pakistanis and not for the dual nationals.
Even if a Judge or his family members are holding dual nationalities, he or she is not supposed to be a Judge and hold an office in any court of Pakistan.
Unless we bring purity in the country, our legislators will keep on playing in the hands of foreign governments.
Why people take a second passport?
Are they scared that a time will come when Pakistan will not exists on the world map?
One need to dig deep to investigate as under what circumstances Pakistanis are compelled to take foreign nationalities and then at the same time they want to directly hold the public offices.
I have never heard that a born American or born Britisher is ever interested in acquiring a Pakistani passport.
Very well argued Wasim Sajjad. The limit of the judiciary power is not clear and so this rule should apply to Judges, Generals and politicians. Unfortunately the arguments are a waste of time as the judges have already decided the verdict - its that predictable.