Senators to debate why SC judges are allowed to be dual nationals

Legal experts say Parliament cannot discuss conduct of judges.


Zahid Gishkori March 12, 2013
Buttar has not appeared before the court despite being sent several notices. PHOTO: FILE

ISLAMABAD:


After knocking out many a politician on the dual nationality issue, judges of the superior courts are all set to be paid back in kind when the upper house of parliament starts debate on the applicability of the dual nationality restriction on judges.


“We want to lift the lid on the apex court’s judges who may hold dual nationality. Therefore, the Senate will start debate on judges’ dual nationality today (Tuesday),” said Senator Farhatullah Babar while talking to The Express Tribune. “Why is there an exception in the case of judges?” demanded Senator Babar, who is also the presidential spokesperson. The debate follows a motion by Pakistan Peoples Party (PPP) Senators Farhatullah Babar and Aitzaz Ahsan last week.

Labelling the issue “a matter of sufficient public importance” arising out of the reply given by the Supreme Court (SC), the senators have secured the approval of Senate Chairman Syed Nayyer Hussain Bukhari to debate the issue in the upper house of parliament.

In its reply to the Senate, the SC had twice highlighted that “in light of the Constitution of Pakistan, the issue of dual nationality is not applicable to the judges of the SC,” said SC Registrar Dr Faqir Hussain.

Disagreeing with the registrar’s statement, Senator Saeed Ghani said, “SC judges should tell the nation that they are not dual nationals. It is their moral obligation to clear their position by addressing lawmakers’ concerns on the issue,” he remarked while talking to The Express Tribune.

Under the law, parliamentarians cannot discuss conduct of the superior courts’ judges, says S M Zaffar.

Published in The Express Tribune, March 12th, 2013. 

COMMENTS (7)

Sobia | 11 years ago | Reply

Pakistani law allows Pakistani citizens to have dual nationality, the rationale behind which is that dual nationals act as Pakistan’s ambassadors abroad, participate in developing Pakistan’s economy and watch out for Pakistan’s interests. This means that all rights guaranteed under the Constitution, including the right to vote, fundamental rights, participation in matters of public importance and access to courts, become available to them.

Waseem Sarwar | 11 years ago | Reply

Contemp of court for all Upper house members?

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