Clarifying ambiguities: No Supreme Court judge is a dual national, says SC

PPC, Constitution does not prohibit judges from holding dual citizenship, says court.


Our Correspondent February 07, 2014
PPC, Constitution does not prohibit judges from holding dual citizenship, says court. PHOTO: FILE

ISLAMABAD:


In response to reports on Senate proceedings during which the dual nationality of superior court judges was questioned, the Supreme Court clarified on Thursday that no judge of the apex court holds dual citizenship.


Parliamentarians took up the judges’ dual nationality issue in the Senate after the top court, headed by former Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, had started to disqualify dozens of legislators on holding dual nationalities.

On Thursday, the Supreme Court issued a declaration to clarify the ambiguity. According to the one-page document, the matter was discussed informally in the Full Court meeting, wherein it was noticed that none of the apex court’s judges hold dual nationality.

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The court, however, reiterated its earlier stance that neither the constitution nor the code of conduct for superior court judges places a bar on them for having dual nationality.

On February 4, the Senate unanimously passed a resolution asking the government to publish names of those judges of the superior judiciary who hold dual citizenships and the Senate chairman Nayyar Bokhari gave two months for its implementation. Pakistan Peoples Party Senator Farhatullah Babar moved this resolution.

Leader of the House Raja Zafarul Haq informed members that the law ministry had written letters to the superior judiciary seeking names of judges holding dual nationality, but to no avail. The Senate chairman had also expressed concern over the refusal of the judiciary to provide the names. He also rhetorically asked whether the ‘refusal’ was a violation of Article 19A of the Constitution or not, which provides fundamental right to every citizen to have access to information.

The then law minister, Farooq Naek, had informed the Senate that the Supreme Court had repeated its earlier reply that neither the Constitution nor the code of conduct prevented a dual-national citizen from becoming a judge.

Published in The Express Tribune, February 7th, 2014.

COMMENTS (6)

asghar ali chat6 | 10 years ago | Reply Can any body read the Pakistan Citizenship Act? Artical 14(1) does not permitt dual citizenship to any Pakistani national. Very true. But Artical 14(3) of the same Act ALLOWS dual citizenship with United Kingdom & colonies to Nationals of Pakistan to acquire citizenship of UK & colonies by registration. Thus, Pakistan Citizenship Act has defined citizenship. Those who use Artical 63.1.C to undermine this definition need to go back to school to learn english! Artical 63.1.C simply says " he ceases to be citizens of Pakistan or acquires a foreign citizenship, or" As dual citizens we have not violated any law of Pakistan, while acquiring "dual nationality". In fact, we have further the cause of Pakistan more than those who are single citizens! Just look at the facts: First to foreign lands, to spread the name of Pakistan. Pakistans' 33 percent expenditure fill by Pakistani abroad! A third of this from "dual national countries"! Over 2 lacs visitors from UK annually.
Mirza | 10 years ago | Reply

Actually more clever people get their families permanent residence or nationality of foreign govt. That way they can use Pakistan as long as possible and then move with their families in peace and luxury. They do this with their ill-gotten money as well. Like our minister Nisar who is not a foreign citizen but his family is. Similarly many leaders and public servants or their families just keep green cards and can get both ways. Army and other essential servicemen are not allowed to have foreign connection that is why officials there do not have dual nationality. That is not due to their goodhearted nature but due to strict old military laws. In short they have to ask about their family and their green cards not just the nationality.

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