Novel Arguments: Interior minister appeals against SC verdict

After his resignation from the Senate, Naqvi’s application should not have been heard by the court. says Malik.

ISLAMABAD:

Interior Minister Rehman Malik filed a review petition on Tuesday against the Supreme Court’s ruling in the dual nationality case, in which it was ruled that he could not be considered sadiq (truthful) and ameen (trustworthy) because of his false statements to the court regarding his nationality.

In his review petition, Senator Malik says that the court had acted against him on an application of a ‘proclaimed offender,’ Syed Akhtar Mahmood Naqvi. He added that, after his resignation from the Senate, Naqvi’s application should not have been heard by the court. He also stated that, since the matter was a purely an election dispute and not an issue of public importance, the petition filed against him should be dismissed.

He went on to complain that he was not issued a notice, nor was he heard in the court, which was a violation of the law and Article 10A of the Constitution, which ensured due process through a fair trial.

On one hand, Senator Malik continued to insist that he had renounced his British citizenship in 2008, despite evidence to the contrary. On the other hand, he also pleaded that he was not aware of the complexities mentioned in the relevant provisions of the Constitution, saying that he did not willfully lie.

Senator Malik also had some observations on the “relevant provisions” in the Constitution: He argued that the Constitution must be interpreted as an evolving document, whose interpretation must be kept in mind with the changing situation, as “dual and even triple citizenship is now allowed in many countries and has helped the international movement, trade and commerce.” He urged the court to interpret the Constitution in favour of dual nationality holders.

He added that there were several high ranking officials, including judges of the high courts, the attorney-general and auditor-general who may be dual citizens under the Constitution.

Senator Malik further added that the court’s order, through which he and others had been directed to return their salaries, allowances, etc, was unduly harsh and against the law. The interior minister stated that he attended to all his work in the Senate with commitment and sincerity. In these circumstances, he held that deprivation of salaries and allowances would amount to ‘forced labour’, which, he argued, was not permitted under the Constitution.


Published in The Express Tribune, October 24^th, 2012.