Dual nationality: Farooq Sattar challenges ECP process of collecting affidavits

ECP had warned all lawmakers to submit declarations stating they do not hold dual nationality.


Web Desk November 05, 2012

KARACHI: Muttahida Qaumi Movement (MQM) Deputy Convener Farooq Sattar on Monday challenged the process of collecting affidavits from members of elected assemblies by the Election Commission of Pakistan (ECP).

The ECP had warned all lawmakers on October 9 to submit declarations stating they do not hold dual nationality – else it will be assumed that they possess citizenship of more than one country.

According to a press release, Sattar has challenged the process in the Karachi Registry of the Supreme Court. He has sought a stay order by maintaining that the process of collecting affidavits is ultra vires (beyond power).

Under Article 63 (1) (c) of the Constitution, a person is not eligible to become a member of parliament or a provincial assembly if he or she possesses any foreign nationality. The constitutional provision was not adhered to till recently, when the Supreme Court disqualified 11 lawmakers from different political parties adjudged to be dual nationals on September 20.

‘Drone attacks not justified by Malala incident’

MQM leader Dr Farooq Sattar said in an address to the National Press Club in Islamabad, “The Malala Yousafzai incident was an attack on Quiad-e-Azam and Allama Iqbal’s ideologies,” as reported by Express News. He went on to say that drone attacks cannot be justified by the attack on Malala.

Sattar named Talibanization as the biggest hindrance to economic growth in Pakistan and he condemned political parties for not taking him seriously when he spoke about this four years ago.

He cited the Supreme Court as saying that some 7,000 Taliban militants are located in Karachi and that the referendum they have presented was not to initiate a military operation in Waziristan.

COMMENTS (5)

Kaspar | 11 years ago | Reply The legal ground for the 'challenge' is incomprehensible. How can it be ultra vires if it is clearly given in article 63(1)(c) of the constitution that a dual nationality holder would be ineligible to be a member of the parliament? But the motive for challenging is quite comprehensible. After all, many MQM legislators are dual nationality holders, including the top boss. Honesty demands that they honour the Constituion in letter and spirit and either renounce their 'other' citizenship or resign from parliament. Apart from being illegal, is it not a form of greed to try to hold on to two citizenships in an attempt to get the best of both? It should also be clear that there is a difference between being an overseas Pakistani and a dual nationality holder. Trying to equate the two is an attempt to confuse the issue!!
Parvez | 11 years ago | Reply

What the ECP is doing is in principle correct and morally sound, apart from being legally right. MQM would do well in acknowledging this as it also appeals to the logic of the man on the street, someone who they claim they are part of.

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