Clarifying ambiguities: No Supreme Court judge is a dual national, says SC
PPC, Constitution does not prohibit judges from holding dual citizenship, says court.
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.
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.
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.
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.