Court summons Farahnaz Ispahani, Nadia Gabol in dual nationality case

A local court has directed the prosecution to produce its witnesses against former MNA Farahnaz Ispahani and former MPA Nadia Gabol for allegedly possessing dual citizenship.

The court directed the investigating officer on Saturday to ensure that the witnesses were produced before the court. It also expressed displeasure over the former lawmakers’ no-show and summoned them to the next hearing, stressing that they must be there at all costs.

The counsel for Farahnaz told the court that the former legislator had fallen seriously ill, and moved an application seeking her exemption from appearing before the court, but the judge rejected the plea because the state attorney claimed that the two accused had been adopting delaying tactics.

The cases against Farahnaz and Nadia are being heard by the South sessions court. Farahnaz’s membership of the National Assembly and Nadia’s membership of the Provincial Assembly of Sindh were suspended by the Supreme Court of Pakistan in July 2012. The Election Commission of Pakistan has disqualified 11 lawmakers in connection with the dual nationality case being heard by the top court of the country.

Former interior minister Rehman Malik was also among the accused said to be enjoying dual nationality, but he was acquitted because no proof against him could be presented before the court. According to Article 63(1)(c) of the Constitution of Pakistan‚ no parliamentarian can hold dual citizenship. Article 63 deals with ‘Disqualifications for membership of Majlis-e-Shoora (Parliament)’.

According to 63(1)(c), “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”.

The petition against dual nationality was filed under Article 184(3) of the constitution, asking for the disqualification of the parliamentarians holding dual citizenship in terms of Article 63(1)(c) of the constitution, read with Section 14 of the Pakistan Citizenship Act of 1951.

Article 184 says that “...the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights ... is involved have the power to make an order of the nature mentioned in the said Article.”