Dual nationality case: SC sends dual national lawmakers packing
Lawmakers would not only vacate their seats, but also face legal proceedings, and have to reimburse all monetary benefits drawn by them during the period they held public office.
The court also directed the Election Commission of Pakistan (ECP) to get fresh declarations from every lawmaker that they do not hold any nationality other than Pakistan’s, and do not violate Article 63(1)(c) of the Constitution.
ECP de-notifies lawmakers
Immediately after the verdict, the ECP issued notifications for the disqualification of 11 lawmakers including National Assembly members Zahid Iqbal‚ Farahnaz Ispahani‚ Farhat Mehmood Khan‚ and Jamil Ahmad Malik, and provincial assembly members Muhammad Akhlaq, Muhammad Ashraf Chohan‚ Nadia Gabol‚ Chaudhry Wasim Qadir, Chaudhry Nadeem Khadim‚ Amna Buttar and Dr Ahmad Ali Shah.
The commission was also directed to initiate legal proceedings against the disqualified parliamentarians. The Supreme Court in its verdict on Thursday said under Article 63(1)(c)‚ no parliamentarian can hold dual nationalities.
The bench directed the ECP to revoke the memberships of the disqualified lawmakers, saying they made false declarations before the commission while filing their nomination papers. It also directed the recovery of all monetary benefits drawn by the disqualified lawmakers during their tenure within two weeks.
Malik not ‘honest’
For Interior Minister Rehman Malik, the court had a separate order.
Malik has been castigated for submitting a false declaration in court, claiming that he renounced his British citizenship in 2008 but documents he provided in court show that he did so in 2012.
“Mr A Rehman Malik, in view of the false declaration filed by him at the time of contesting the election to the Senate in 2008, cannot be considered sagacious, righteous, honest and ameen within the contemplation of section 99(1)(f) of the Act of 1976,” the order stated. Malik would be facing two separate references, one before the Senate chairman, and the other in the ECP. Malik has also been directed to refund all monetary benefits drawn by him for the period during which he occupied public office.
Given the specific nature of Malik’s case, the court will decide his fate in the first week of October.
Published in The Express Tribune, September 21st, 2012.
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After 04 years the SC has discovered they have violated article 63(1)(c) of the constitution. Ironically SC has not acted upon those holding public positions and are convicted and criminals.
supreme court is hounding the minister of interior and other functionaries of the government while the country is in the grip PF terrorism ,the govt has been weakened and has lost its writt. judges are fully responsible for the chaos in the country
What about Dual national Government officers?
Commendable decision made by the Hon'ble SCP. This order must be stretch its jurisdiction to governments functionaries / bureaucrats as well.
Would the PCO judges ever show the same zeal and interest in prosecuting unelected paid generals who have abrogated the constitution and committed acts of high treason? On the second thought the SC judges have no problems with salaried govt servants mutilating the constitution. Their beef is only with the elected leaders of Pakistan. The judges have and would always aid and abate in the worst crime against the country called high treason! In addition due to intense love and camaraderie with the fanatic terrorist killers, they would never prosecute and punish any of them and release them all.
Whether fake degree holder parliamentarians too will be compelled to refund the money they received as salary and perquisites during their tenure. Are they disqualified for any election in future as the persons giving false declaration are liars and liars can't be law makers
Whether the fake degree holder Parliamentarians too will be compelled to refund the amount they received by way of salary and perquisites during their tenure . Will they also be disqualified for elections in future as persons giving false declarations intentionally are liar and liars can't be law makers..
Did they freeze their ACCOUNTS to get the money back? If not then these BIG FISH will noy pay back. Put afreeze on their properties so they cannot sell those properties till they return the money.
This is actually massive news...rock on, CJ, rock on.
Hasan
People's Party's own legislation from its tenure in 1976 coming back to haunt them. Haha serves him right for failing miserably at his job.
The PCO judges should also refund all the salaries and othe benifits they recieved while working under Musharaf and should face prosecution for helping and abbeting the abrogation of constitution.
Pakistan needs pure Pakistanis to serve the nation and not the dual nationals.
Dual nationals serves more to the other country than Pakistan.
SC has done the right thing.
In next general elections candidates who are holding dual nationalities will not get any political party ticket to contest the elections.