Dual nationality: ECP decides to take action against Rehman Malik
Addressing the media, Secretary ECP Ishtiaq Ahmed said that Senator Rehman Malik had not yet been denotified, hence he still held his public office(s) and was not disqualified.
Clarifying the legal process that the ECP would take, Ahmed said that the Supreme Court of Pakistan in its short order had directed Chairman Senate Nayyar Bukhari and the ECP to take required action against Malik. Hence once the ECP receives a reference from the chairman, it will denotify the senator, which will be sent to a session judge, after which Malik will stand to be disqualified.
Ahmed said that if chairman senate did not take a decision within 30 days, the ECP will take required action against Malik.
The secretary ECP clarified that the SC had directed the concerned authorities to take action against Malik, regarding his false declaration of not holding dual nationality while filing nomination papers for the 2008 elections.
Regading Malik’s right to appeal against the decision, Ahmed said that the minister can approach the SC since a detailed judgement in his case was pending, with only a short order having been issued so far. But after he would be denotified, he has to appeal to the sessions judge.
“If convicted, Malik can either face three years imprisonment or a fine of up to Rs 5,000 or both, as well as being ineligible to contest elections for the next five years,” Ahmed said.
It is noteworthy that earlier the Supreme Court of Pakistan had disqualified 11 other parliamentarians, both provincial and national, in the dual nationality case, except for Malik. The SC had instead directed Chairman Senate and the ECP to review the case.
However, ECP had directed all provincial election commissioners to take legal action against the 12 parliamentarians, including Malik, under Section 78 of the People’s Representation Act 1976, for ‘corrupt practice’.
ECP also directed the issuance of a schedule for holding bye-elections to fill the vacancies created due to the disqualification of the 11 parliamentarians.
The parliamentarians included former National Assembly members Chaudhry Zahid Iqbal, Farahnaz Ispahani, Farhat Mahmood Khan, Mohammad Jamil Malik; former Member Provincial Assembly members Mohammad Ikhlaq, Dr Ashraf Chauhan, Nadia Gabol, Amna Buttar, Waseem Qadir, Nadeem Khadim and Ahmed Ali Shah.
Parliamentarians to submit fresh declarations
Ahmed added that the SC has also directed secretaries to receive fresh declarations from parliamentarians, testifying that they do not hold dual nationality.
The ECP secretary said that dual nationality holders cannot be parliamentarians in Pakistan.
Regarding the voters list, Ahmed said that the ECP has convened a meeting of major political parties in the assemblies to apprise them of the election preparations, as well as taking recommendations from them.
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COMMENTS (30)
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@Ansari: For your information Pakistan's constitution prohibit dual nationalities for the purpose of holding political offices and these people defrauded the treasury and the people of Pakistan. They lied about their citizenship and they should be prosecuted and must pay back all the money and perks they received. You will see these people will be leaving Pakistan with their ill gotten to their new home in foreign countries.
Being a dual national and holding a public office as a dual national are two different things. Pakistan allows dual citizenship with some countries but holding a high level public office as a dual citizen is absolutely a conflict of interest. How would you feel if your commander of the armed forces was also, say, a citizen of the country that your country went to war with....or your Foreign Minister was the citizen of a country that your country was involved in diplomatically opposing... Most countries don't allow dual citizenship, and even if Pakistan does, it is perfectly legitimate to exclude dual citizens from holding high level public offices. You can either chose to have two citizenships or be in a high level public office of your country...its completely fair! And, no, as an expat, it does not offend me at all!
@A.Bajwa: nice try but we all know expats are least affected by this. And I'm sure you know this too but are trying your best to muddy the waters
Throw him out, he is not qualified to hold any public office in any of the countries.!
Rex Minor
i thinks that's a very good decision in the history of our Pakistani politics.
@A.Bajwa: I am dual national and I don't believe this is a slap on us. I welcome this decision. When we become British national, you have to take oath and confirm allegiance to the Queen. I don't think you want a interior minister who has divided allegiances.
well dear judiciary keep,going soon it will be all chaos a,disgrace to hound interior minister during these troubled times.
This is what the law of the country says. What is astonishing is that why was to not unearthed earlier.
It shouldn't really matter if you hold a dual nationality there Are many members of parliament in India UK and around the globe who hold dual nationality the biggest example is UKs lord nazir. Either dual nationality should not be allowed all together in Pakistan and if its allowed you should be allowed to hold a public office.
@asim: Reply to yr
1) yes action shud be taken against past EC officials n Mr Ishtiaq is one of them
2) EC shud hv taken action earlier but SC took action via petition by Advocate Naqvi....it is not the duty or responsibility of judiciary to take action on its own all the time as action thru suo moot is already under criticism.....
@A.Bajwa: This is not a slap on the face of expats who remits maximum n KSA being on the top.....there is a difference between expats n dual nationals....look up the meaning in the dictionary or google it.....mr Bajwa u r not the only one who is trying their best to confuse both the two entities...for reasons best known to you....
Rehman Malik must go. Hopefully Fakhru Bhai will take a rational decision to let the the justice prevail and kick this man full of deception out of the cabinet. He is instrumental in the blood letting in Karachi which is going unabated just because his protection to the thugs of an ethnic party.
This is a TEST CASE for EC under Fakhru Bhai. the ECP should recommend that all members of NA, Senate or PA take a fresh oath of loyalty on Holy Book annuling any oath they may have taken, which must state very clearly that they hold only Pakistani nationality and publicly renounce any oaths of citizenship that they may have taken. Similarly the ECP must ensure that no political party is headed by a dual nationality holder, nor should their central committes have any dual national, nor hold their meetings abroad
'However, ECP had directed all provincial election commissioners to take legal action against the 12 parliamentarians, including Malik, under Section" 1 to 10000000, and People's Party Representation Act 0000 to forever. It is a joke perpetuated on the hapless people of Pakistan by these corrupt looter and thugs. Malik will stay there till the next election and will see to it that it is rigged to the hilt. I say if you bring back these looters again then you deserve them and your misery.
I don't like this man but the case merit seems questionable. HE apparently WAS a dueal citizen in 2008, he resigned from senate, gave up dual citizenship and subsequently was relected to senate a couple of months back. Why is his current senate membership under question? Of course if the SC wants to try him for perjury for claiming to have renounced British citizenship when in fact he had not, the court system and not EC is the correct forum to make that determination surely?
why SC did not directly disqualified Mr Malik instead directed CEC to take action against him . Now the case will remain pending since senate chairman is not bound to repply to the CEC . So there is no theat to the chair of Mr. R. Malik .
1) Who will take action against former election commission members who allowed this to happen? 2) Why the election-commission and SC took 04-years to discover this? who is responsible for this negligence? Its good to make the things straight
A very healthy trend for political future of Pakistan, now SC should tell people of Pakistan how one can become millionaire in three year. I want to be a millionaire, but my father is a retired government servant. Will some judge give me the post of his front man; I shall not let him down.
Zardari is going to pardon him and he'll be free only to return as the Interior Minister once again! Just wait and watch.
This is a slap on faces of Pakistanis abroad.They send 15 billion dollars every year to be told that they are less patriotic.
Poor Ramsha needs to pay 2 bonds of 500,000 each and Rehman Malik would get a fine of 5000? Talk about a great justice system.
@Kashif: Well try to cherish what you have now. We'll become perfect some other day
Although very late, but good decision indeed. All such two faced be prosecuted and brought to justice.
Law should prevail....but for everyone.... I am waiting to hear the law inflict civil / military bureaucracy and retired and sitting lawyers ( including judges ). Not sparing media gigantic either. Politicians complain seems to be genuine because only those politicians are victimized and other segments of the society still enjoy the freedom from any law.!!!