Detailed verdict: Dual nationals can't be lawmakers, senators, says SC
Court says person who ceases to be citizen of Pakistan, acquires citizenship of another country should be disqualified
ISLAMABAD:
A person who ceases to be the citizen of Pakistan or acquires citizenship of another country should be disqualified from the membership of parliaments and senate, stated the Supreme Court’s detailed order on the dual nationality case, released on Tuesday.
Earlier, through a short order, the apex court had disqualified around a dozen members of the National Assembly, Senate and provincial assemblies for holding dual nationality.
Justice Khilji Arif Hussain, in his response, said that constitutional clauses can only be reinterpreted when their meanings are unclear, absurd or patently unjust. He was responding to a suggestion by Senator Wasim Sajjad - counsel representing Farahnaz Ispahani.
“Since there are no such compelling circumstances in the present case, the plain meaning must prevail. That being so, acquiring foreign citizenship is itself sufficient to earn the disqualification,” he remarked.
In his concurring note, Justice Jawwad S Khwaja stated that the apex court is grateful to its expatriates and clarified that all such citizens are entitled to their constitutional rights which the court would strive to protect.
“The present case does not affect their right to hold dual citizenship. All that has been declared in the present judgment is that dual citizens cannot hold the highest elected offices,” he added.
Read the detailed court order on the dual nationality case here.
A person who ceases to be the citizen of Pakistan or acquires citizenship of another country should be disqualified from the membership of parliaments and senate, stated the Supreme Court’s detailed order on the dual nationality case, released on Tuesday.
Earlier, through a short order, the apex court had disqualified around a dozen members of the National Assembly, Senate and provincial assemblies for holding dual nationality.
Justice Khilji Arif Hussain, in his response, said that constitutional clauses can only be reinterpreted when their meanings are unclear, absurd or patently unjust. He was responding to a suggestion by Senator Wasim Sajjad - counsel representing Farahnaz Ispahani.
“Since there are no such compelling circumstances in the present case, the plain meaning must prevail. That being so, acquiring foreign citizenship is itself sufficient to earn the disqualification,” he remarked.
In his concurring note, Justice Jawwad S Khwaja stated that the apex court is grateful to its expatriates and clarified that all such citizens are entitled to their constitutional rights which the court would strive to protect.
“The present case does not affect their right to hold dual citizenship. All that has been declared in the present judgment is that dual citizens cannot hold the highest elected offices,” he added.
Read the detailed court order on the dual nationality case here.