SC seeks information about dual citizenships of the parliamentarians

SC seeks information about dual citizenships of the parliamentarians

ISLAMABAD, March 27 (SANA): Supreme Court of Pakistan has directed the Attorney General Maulvi Anwar-ul-Haq to collect information about dual citizenships of the parliamentarians.


A three member bench headed by the Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan and comprising other two members Justice Khilji Arif Hussain and Justice Tariq Parvez heard Constitution Petition filed by Syed Mehmood Akhtar Naqvi  Versus  Federation of Pakistan, etc.) regarding the dual nationality holder parliamentarian’s disqualification.

After hearing the counsel for the petitioners and the respondents in the case, the bench order that “It has been pointed out by the learned Attorney General for Pakistan that under Article 63 (c) of the Constitution of Islamic Republic of Pakistan, 1973 “A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State” therefore, the question in view of public importance is required to be dealt with.

He has also pointed out that one of the learned Judges of this Court (Tassaduq Hussain Jillani, J) delivered a judgment, being a learned Judge of Lahore High Court, Lahore, in the case of Umar Ahmad Ghumman v. Government of Pakistan (PLD 2002 Lahore 521).

Meanwhile Election Commission of Pakistan (hereinafter referred to as ‘the Commission’) has submitted a concise statement, but without disclosing the names of any of the Parliamentarians allegedly disqualified from being a member of Majlis-e-Shoora (Parliament) or Provincial Assembly. I

n this behalf, the learned Attorney General explained that while submitting the nomination forms a declaration is filed stating therein on oath that the candidate does not suffer from any disqualification. Therefore, it would not be possible for the Commission to provide details of any of the Parliamentarian or the Members of the Provincial Assemblies, who allegedly suffer from such disqualification.        

When the petitioner was called upon to point out the name of any such parliamentarian, he stated that he is mainly relying on a TV program which was aired by a private TV channel SAMA wherein assertions have been made about the Parliamentarians, who are suffering from such disqualification.

In addition to it, he stated that in paragraphs 12 & 13 of the Constitution Petition, with reference to the private TV Channel SAMA he has noted that Chaudhry Zahid Iqbal; Chaudhry Iftikhar Nazir; and Abdur Rehman Malik have acquired citizenships of Britain. In the next para, again it has been emphasized that according to the information Federal Minister for Interior Rehman Malik is known to be a person, who has acquired dual citizenship. Likewise, in para 33 of CMA No.1185 of 2012 name of one another Member of National Assembly Ms. Farah Naz Isfahani has been mentioned.

Court observed that these respectable Parliamentarians have not been made party so far, but before proceeding further, we would expect that either they at their own or the learned Attorney General for Pakistan may collect information from them about their dual citizenships and if it is so whether disqualification has been got removed or whatever the position may be.

However, the learned Attorney General may provide a copy of this order to all of them and if they so desire they may appear at their own by filing their replies along with allied documents to clarify their position.
Court has issued notices to all the respondents and adjourned the hearing till 20.04.2012.