Chief Justice Iftikhar Muhammad Chaudhry headed the hearing.
Malik’s passport, made in the year 2008, was presented before the judicial bench. His counsel, Anwar Mansoor, informed the court that had Malik been a British national, then he would have not been travelling on another passport.
Justice Chaudhry told him to present renouncement papers, verified by the British authorities. Mansoor informed the court that the documents were not available at the moment.
Petitioner Waheed Anjum submitted MPA Tariq Alwana’s US nationality documents. The court directed Federal Investigation Agency (FIA) to verify the documents.
COMMENTS (31)
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If we look at the background of the dual nationality saga, we would come to know that even established democracies of the world have no issue with any public office holder who is a dual national. We have a few examples from established democracies of the world. Arnold Schwarznegger retained his Austrian citizenship during his service as the governor of California. Former Canadian prime minister John Turner was a dual citizen born in the UK; there was no issue about his dual citizenship and holding public office. In Pakistan, there should be a debate on the issue of dual citizenship. Parliament should decide the issue and legislate as we have practical examples of established democracies of the world.
Regarding the dual nationality issue, the Attorney General Irfan Qadir’s view is also very clear that the Supreme Court had no jurisdiction to suspend or disqualify any lawmaker and its earlier decision to suspend the membership of Farahnaz Ispahani was without any authority. During court proceedings, Attorney General Qadir insisted that the issue raised a question over whether or not the court had the mandate to disqualify parliamentarians. He also raised objections to the chief justice’s referral to fake degree cases as a precedent, saying that the members would continue sitting in the assemblies to address the miseries of overseas Pakistanis.
By taking unconstitutional measures, two legislators, Farahnaz Ispahani and Rehman Malik of the ruling PPP were disqualified by the court. We believe that this is against the values of a democratic government and could create rifts between the institutions. In the light of the constitution, it is the duty of the executive and the Election Commission to disqualify any legislator, and nowhere in the constitution is it written that Pakistanis cannot hold dual citizenship and cannot become legislators and bureaucrats. The saga of dual nationality held by parliamentarians is being widely condemned in Pakistan because on the one hand, dual nationals have been given the right to vote for electing members of parliament in Pakistan, while on the other hand, dual nationals have no right to represent them (dual nationals) and the nation as a whole. What an irony!
The voluble ex Minister is suddenly silent. +++++++++++++++++++++++++++++++ Does he not owe an explanation to Pakistan? First of all he must apologize for lying.
Hour has come for this whole PPP government to be disqualified
Bunch of criminals
SC Zindabad
From what is in the news it looks like the PPP, MQM, ANP and PML-N (will not oppose it) all agree to change the Laws so that dual-nationals will be able to sit in Parliament. As this concerns them it will most likely pass with a thumping majority and they will laugh at the people and claim that democracy is the best revenge.
@Khan: Would any of these people resign if they were an alleged case against them?
Good job SC. All of a sudden RM is running for cover.
In my opinion, it is all about the constitution, which does not allow dual nationality holders to be the parliamentarians. If a parliament agrees to make an amendment in the constitution, I will respect the law. Else, they have no right to sit in the parliament.
Have you read the oath taken at British naturalization ceremony, or the one taken at the American one. I have taken the American one and it clearly states that I am forgoing any fidelity to foreign prince, or state, and of time requires will bear arms for the US. Similarly I have had to register for selective service being between the ages of 18-26, so if there is a draft called I will have to go to war for tHE US
now can you explain to all of us as to why I should be allowed to run for a national assembly seat, or be an advisor, or hold any relevant office in Pakistan. Please try to see the bigger picture and think about Pakistan!
And by claiming that us foreigners be allows to run we are demoting te intelligence and capabilities of the Pakistani people. So in a nation of 180 million they couldn't find one Pakistani national without a secondary citizenship to hold offices. C'mon Yaar, we are not in a position to outsource jobs.
@Mo/CA: I only named a few not all of them. Also not every one is in politics out of 2 million and then not every one out of those in politics are good enough. Ms Warsi is Co-chairperson of ruling party in the UK representing those two millions unlike Pakistan where either Bhutto or Sharif can lead a ruling party out of 180 Million people. She might even become Conservative party's leader or British PM in future as there is no restriction on her becoming a prime minister unlike our country where our own Pakistanis have no right to become president or the Prime minister just because their religious belief is different from the majority. @Hedgefunder: They're allowed to hold dual nationality in UK or Canada.
So if one moves to the UK on a work visa and after 5 years get an Indefinite Leave to Remain (ILR) visa on a Pakistani passport as a commonwealth country citizen .. you can still become a member of Parliament.
@Khan:
out of the 2 million in UK, you could post 9.. wow
@Khan: But none of are allowed to have dual nationality in order to MP in UK !
@KiJ: Not quite so ! As his UK Passport is unlikely to be stamped as it simply verifies his right to enter UK and leave the Country on that Passport !
@nomore: Your comment is highly discriminatory ... There are thousands of people who hold dual nationalities and they have served this country more than thousands of single nationality holders in different fields. In most cases dual nationality holders or those living abroad with Pakistani roots are educated and hard working individuals. If you want to put a ban on them then also put a ban on all doctors and engineers etc who are dual nationals as you may not require their services either since we have many local doctors etc. Democracy gives the power to elect your leaders through your vote .. if you think a person is not working for the country then simply don't vote them but banning every one of them is discrimination.
Here is list of British Parliamentarians who are from South Asian origin. 1) Baroness Warsi British MP & Co Chairperson of Conservative Party 2) Sadiq Khan 3) Shahid Malik 4) Khalid Mahmood 5) Mohammad Sarwar 6) Pramjit Sigh Gill 7) Dadabhai Naoroji (First British MP from South Asia elected in 1892) 8) Rushanara Ali 9) Keith Vaz
Every person has his last time coming and well seen, this fellow has seen the height of life.
What is the matter with Pakistan? The economy is in tatters, investment equals zero. Things are worse than 1971 and yet the courts are just interested in fomenting more trouble. Shame.
@Azhar: Please do tell us what is an ISSUE in your infinite wisdom.
Pakistan is still ruled by the British. The independence in 1947 was fake.
Malik is a great lier,the apex court must take a stern action against him as he is providing manouvered documents to the court.I doubt he might be holding another passport also issued by USA.
Carry on judge sahab dont let anybody work The only man who is working hard HAS to be stopped and can yiu also do some work like deciding some public cases thanks
It seems that he has so far not renounced British Citizenship. He is waiting for the Parliament to pass an ammendment to dual citizenship law. Letter produced from British High Commission needs to be get confirmed by the High Commissioner.Why is the SC allowing him time at every hearing. Can't he be just disqualified like PM?
It is a shame that Pakistani politions change nationalities.It simply means they are not loyal to Pakistan.Any loyal Pakitani should be proud of being a Pakistani.Rehman Malak and his consul Anwar Masoor are fooling the nation and supreme court.
I wonder if Mr Anwar Mansoor has ever traveled or used a passport? I really doubt any informed person would give such comments. A diplomat passport is much more important than having a common passport of any other country or does he really not know this? Mr Malik was the interior minister and holder of Pakistani diplomat passport which entitles him to much more privileges than a non diplomat British passport.
"His counsel, Anwar Mansoor, informed the court that had Malik been a British national, then he would have not been travelling on another passport."...
Totally misguiding and false statement! Dual nationals can travel on any passport they want... However, in the UK Rehman Malik could only enter using his UK passport, so records of UK Border (immigration) agency could easily prove Rehman Malik a perpetual liar!!!
Rahman Malik has to go.
Pakistan is running after a non issue
He has'nt got any such papers, hence is in no position to present them !!! Who in their right mind will surrender their UK Nationality, when they know that in few years time they would be residing there and UK does not have any extradition treaty with Pakistan, so they will get off scot free of any further charges in relation to abuse of power !
believe it or not, loyalty will always be with the stronger party and in Malik's case it's UK the stronger party