KK Agha refuses to renounce UK nationality

Agha has said that he is not willing to renounce his nationality for a position on a superior court’s bench.

ISLAMABAD:

National Accountability Bureau (NAB) Prosecutor General K K Agha, who was nominated for the position of Sindh High Court (SHC) judge, has refused to relinquish his foreign nationality before being considered for the post.

In April, Agha’s name was recommended by SHC Chief Justice (CJ) Maqbool Baqir for the position of an additional judge to the Judicial Commission of Pakistan (JCP). However, the process was deferred when the commission learnt that Agha possessed a foreign nationality.

According to a member of the JCP, the panel is set to reconsider Agha’s appointment if he renounces his foreign nationality, a pre-condition that he has rejected outright.

“K K Agha believes that if he surrenders his British nationality at this stage it might reflect his desire to become a judge which itself is an act that could disqualify any candidate,” another source familiar with the matter said.

Agha, who is a British national, has said that he is not willing to renounce his nationality for a position on a superior court’s bench.

While there is no constitutional provision that prohibits a dual national from assuming top judicial positions – lawmakers have repeatedly demanded legislation to prevent dual nationals from becoming judges – and have called for the names of those who hold dual citizenship to be made public.

In his defence, the NAB prosecutor has said there was no restriction on holding dual nationalities under the law for judges and he sees no reason to renounce it.

Interestingly, Agha has already served as a SHC judge for a few months before being removed following Supreme Court’s July 31, 2009 judgment, which ousted several judges.

Agha’s reappointment is part of the broader effort to reconsider judges who were competent, honest and had taken oath under the restored Constitution.

Commenting on the reappointment bid, a member of the judicial panel said that the commission firmly believes that since the apex court has taken notice of MPs holding dual citizenship, it should refrain from appointing individuals who possess foreign nationalities.

Meanwhile, Tariq Mahmood, a noted lawyer, reiterated that though there is no constitutional bar for a judge to hold foreign nationality the top court delivered a very strong judgment against parliamentarians with dual nationalities.

He said that former CJ Iftikhar Muhammad Chaudhry had not only disqualified a large number of legislators but also ordered them to return the perks and privileges they enjoyed as members of the house.

Published in The Express Tribune, June 2^nd, 2014.