Tahirul Qadri talks with media representatives after submitting a petition in the Supreme Court in Islamabad on February 7, 2013. PHOTO: AFP/ FILE
ISLAMABAD: The Supreme Court asked Minhajul Quran International (MQI) chief Tahirul Qadri to explain the legitimacy of his petition which called for the reconstitution of the Election Commission of Pakistan (ECP), reported Express News on Monday.
Chief Justice Iftikhar Muhammad Chaudhry, hearing the petition, questioned Qadri about his Canadian nationality and remarked how a person can be a Pakistani citizen if he cannot be a parliamentarian owing to his dual nationalities.
The chief justice also asked Qadri to read out his Canadian citizenship oath, but the MQI chief said that he had not brought a copy of the oath to court.
The chief justice then himself read out the oath and said if he (CJ) swore his allegiance to Queen Elizabeth he would not sit on the seat of chief justice then, as he has no (morality) to question the country’s institutions after showing allegiance to another country.
Qadri, speaking to the media after the hearing, argued that according to sub-section three of Article 14, Pakistani citizens are allowed to hold nationality of another country as well. “But there is a notification which names the countries whose citizenship can be taken up by Pakistani citizens. The notification was not present in the court today, so the argument on it will begin tomorrow,” he said.
He explained his stance further by saying that it is only wrong for the elected representatives to hold dual nationalities but not for the voter.
The hearing of the case was adjourned till Tuesday (tomorrow).
In his petition, Qadri has claimed that mandatory hearing was not held before the chief election commissioner and other members of the ECP were appointed and thus, the commission should be reconstituted.
COMMENTS (41)
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Not now.
My own observations in response to questions raised by s.c of pakistan in Tahirul Qadri case are,1.sc had accepted the right of voting of overseas pakistani in pakistan election and did not mention in the judgement to exclude dual national holders following petition by Imran khan not long ago.Those who have right to vote,has also the right to question the validity of election commission because voters ligitimacy becomes questionable. Tahirul Qadri is representing millions of people in pakistan who do not have dual citizenships He is not contesting an election at this stage.
I am a US citizen and I feel it is wrong for us to be interfering in the national affair of Pakistan, let the Pakistanis handle what ever they want to do with their elections etc. Americans are and has been interfering in Pakistan for decades for all of us around the world.
Tahir-ul-Qadri SCHOOLED...
Tahir-ul-Padri is another pawn in the hands of establishment launched after the fizzling out of the earlier pawn, Imran Khan Niazi. What an innocent nation that follows these pawns!!!
@tanveer tuq assylum story proved faulse..just watch luqman show ..tuq provided all the documentary evidence about his history of his canadian nationality...
It is a pointless exercise to question an individual citizen's right to petition to the Supreme Court because they hold dual nationality status. Like Dr. Tahir ul Qadri stated, they are not there to stand for election but to petition as a citizen of Pakistan. There are thousands of Pakistanis with dual nationality. Does this mean that they have no legal rights within Pakistan because of their dual nationality?
I feel that many within Pakistan are envious of individuals with dual nationality and would like to have one themselves. Pakistani politics needs to move above this dual nationality farce and focus on the core issues to improve the situation of the nation which includes it's constitutional, legal, economic and governance structures.
This is literally hilarious. The fact that a ‘revolution’ was being started by a man who sought asylum from the country he wishes to lead is a very telling piece of trivia. How on earth can MrQadri profess any love for a country he moved heaven and earth to leave? He has been summoned by the Canadian authorities for violating the oath he took when he sought asylum and Canadian citizenship in 2008. He was not supposed to return to Pakistan. Not only did he return, he also tried to subvert the country’s entire political and democratic process. What a mischief maker! The people of Pakistan and all those who follow this maulana seriously need to wake up and smell the coffee.
@Uza Syed: Very good reply!
While I pray this CJ should go home as because of him and his biased decisions this country is suffering whether in terms of law & order, financially, economically etc.
Why is this dishdasha wearing welfare recipient given so much time and space in the political landscape of Pakistan. This guy embodies all that is wrong with Pakistan; he dresses like an Arab, runs off to foreign masters when he does not get his way, comes back when his masters tell him to do so and he speaks in tongues.
@Something Clever: You miss the point. If other parties (pure Pakistani) submit similar petitions to the SC then the SC will have to lump all such petetions together for hearing. It is irrelevant then if TUQ is still a petitioner or not, the SC will have to decide the petetion.
Hi is right in his stance, in accordence with sub section 3 of the Article 14,Pakistani are permitted to have citizenship of any other country but clarification in the notification is essential which explaine the name of the state who nationality can be obtained by Pakistani.
further arguements would be advanced on the question raised by the court.
He further argued,all the countrymen has equal legal and constitutional right it is basically wrong perception if we say only elected memeber of national assembly have some preference under the law and constitution.
@A - No.1: Not really. The way courts work is that if his nationality messes with something but a "pure Pakistani" can fix that then they have to start over from the beginning with that "pure Pakistani" filing it. They will not and cannot forget dual nationality and oaths if they do play a part in this issue. You're basically calling for your courts to act incompetent.
Though from what I've seen dual nationals are just supposed to be restricted when it comes to running for and being in office in Pakistan. Otherwise it shouldn't mean much. Though when he goes back to Canada he's going to be getting slapped from that end I'm sure.
Imran Khan must be so dissappointed, his man was ridiculed by the court.
@abcde:
. . . . when appointing the new CJ of the IHC. The court let the appointment stand, in the larger interest, it was said.
Are you sure? I thought the the CJ had goten rid of the "Doctrine of Necessity".
(http://www.pakistantoday.com.pk/2012/01/10/news/national/judiciary-will-not-follow-the-doctrine-of-necessity-cj/)
@Ali Tanoli: yes because there was no pakistan at that time Ali bhai. and walaikum salam from punjab ka bhai
@Lawless: Cannot agree more apart from helping TQ… CJ wants the Canadian and loyalty tag to be removed from TQ with legal arguments before moving on to the real the issue. I am not accusing CJ of bias, but he in more interested in the core issue than the politics being played around it. For people still pondering that CJ is not interested in the case might struck with a surprise in days to come.
who allowed this joker to come to pakistan and does these kind of foolish things.
well i am not sure but guess jinnah and gandhi were also foriegn citizen ???
Oath also asks to fight for the cause of CANADA; and at some point this CAUSE can go against ISLAM and Dr Padri shall have to FIGHT against OUR Islam; whereas he CLAIMS that he fought the battle of ISLAM while in Canada rather than securing Canadian Nationality. He is nothing more than a hypocritel just wasting our time and detracking our nation.
To Mr. Qadri below is Oath text for next hearing. "I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfil my duties as a Canadian citizen."
@Lawless: You are on the button Lawless . . . well done. TUQ may be a front man or whatever . . . but if you just judge him by what he has been demanding . . . well he is making perfect sense and is totally within his rights.
Pakistani or not will not matter. TUQ can easily get one of his pure Pakistani supporters to become party to his writ. What will the SC do then? SC must decide the issue and forget dual nationality, oath etc.
Tahirul Qadri claimed that there were four million people in his long march and dharna. What a lie? Can he qualify 63,64 of Constitution?
The long march Islamabad declaration was not long march declaration. The long march, according to him was no more after reaching Islamabad. Now it was DHARNA and the so called declaration was DHARNA declaration and not long march declaration.
@abcde: Look before you pontificate like that joker heading the SC, you ought to inform yourself a little better. Under the existing laws in Pakistan, irrespective of how many additional other citizenships, a Pakistani citizen has all the rights including challenging in a court something that is not legal and this EEC has been made without following the formalities layed in our constitutional.
Your absurd question regarding my political affinity reflects smallness of your mind. My political inclinations just like Allama Tahirul Qadris oath has no relevance as far as the legitimacy of Pakistani Citizen Tahiul Qadri complaint / petitition is concerned.
although i am myself quite close to being a british national in a few months, i do support CJ, we as dual nationals should not be dictating pakistan's future but it should be those want to live and die in pakistan. if he wants to question the issues he currently is, then he should first relinquish his canadian citizenship. even better if this clown is put on the next flight to toronto.
@Uza Syed:
"SC is ridiculing a petitioner instead of pondering & deciding about the merit of the petition and the issue raised therein."
And Thank God for that. Exactly what this farce deserves.
"The real issue is not Qadri’s oath but whether or not the Election Commission is formed in accordance with the formal requirements layed down in the constitution of Pakistan if it is then fine, if it is not then dissolve it Period."
The Judicial Commission itself was plagued by exactly this problem when appointing the new CJ of the IHC. The court let the appointment stand, in the larger interest, it was said. I fail to see how that rule will not apply here, especially when holding elections on time is much more important than assigning a judge.
"if it is not then dissolve it Period."
Nobody is talking about dissolving it, not even the clown in the white hat. Reconstituting only means reassigning underlings. The CEC is going nowhere.
And somebody who pledges his loyalty to the queen no longer remains an impartial and objective citizen of Pakistan, and therefore has no right to interfere in another country's affairs. Especially when that person is also head of a political party. Like Qadri is. Or Altaf Hussain for that matter. So your "his oath is not that issue" is just plain wrong. Are you an MQM supporter, because then I could understand where you're coming from. You'd still be wrong, but at least your stand could be excused as compulsion then.
O! The people of Pakistan you are witnessing the noora kushti of highest level, worry not, nothing will change constitutionally in the land of pure, the elections will be held by the same ECP, when, that is where the noora kushti plays a big role.
There can be two reasons to it.
One, the court wants to finally ask some question from TUQ, which majority of the people wanted to ask him. Why is he here? With what authority he just dropped in? Why he held that drama outside the parliament and continues to do so? etc.
Two, the court is preparing ground to give a verdict in favor of TUQ and against ECP.
Good going Cheif Justice.. I hope you will give justice to the Pakistani even if he has another nationality.
i like what i just read.. This is exatly how Qadri should be treated.. he has asked enough questions. its time somebody asks him a few questions!
what a waste of time .. i dont support TUQ but he is wasting his time in rana sanaullah's court ...
@ishtiaq, Why not we make you CJ? Let the people do their job and stop making premature comments please.
Qadri the Madari
Must recite the below oath 101 times every hour and during the court proceeding your wishes will come true
“From this day forward, I pledge my loyalty and allegiance to Canada and Her Majesty Elizabeth the Second, Queen of Canada. I promise to respect our country's rights and freedoms, to uphold our democratic values, to faithfully observe our laws and fulfill my duties and obligations as a Canadian citizen
In a way CJ helped to TUQ today so that when judgment will come against ECP then no one will be questioned about TUQ position as tomorrow it will be decided either a dual national can file and argue a petition or not. very smart move by CJ.
@ishtiaq: irrevalnt questions? really, he is asking the loyalting of the person who is questioning the loyaties of constitually valid election comission.
read some constitution at least before you comment.
It seems CJ is not so keen to hear this case.
SC is ridiculing a petitioner instead of pondering & deciding about the merit of the petition and the issue raised therein. Any Pakistani ctizen, irrespective of how many additional citizenships s/he holds, retains & enjoys exactly the same rights guaranteed, by our constitution, to any Pakistani. The real issue is not Qadri's oath but whether or not the Election Commission is formed in accordance with the formal requirements layed down in the constitution of Pakistan if it is then fine, if it is not then dissolve it Period.
The case should be concluded in this running week, with the Canadian national Mr. Qadri being sent off empty handed. Enough of farce.
Real battle will be tomorrow, today CJ just wasted the time by asking some irrelevant questions.