Dual nationality : SC asks ECP to notify five senators-elect

LAHORE: The Supreme Court on Saturday granted interim relief to five senators-elect, allegedly holding dual nationality, and ordered the Election Commission of Pakistan to issue conditional notification of their victory, paving the way for them to participate in the voting for slots of Senate chairman and deputy chairman.

Following the order, the Election Commission of Pakistan (ECP) issued conditional notifications of the five candidates. The returned candidates, as per the ECP notifications, include Ch Muhammad Sarwar of Pakistan Tehreek-e-Insaf, PML-N backed independent candidate Haroon Akhtar Khan on general seats, while Prime Minister Shahid Khaqan Abbasi’s sister Sadia Abbasi and Nuzhat Sadiq on seats reserved for women. They are both backed by PML-N. The fifth notified returned independent candidate is Kauda Babar from Balochistan.

The three-member bench, led by Chief Justice of Pakistan (CJP) Justice Mian Saqib Nisar also announced constituting a larger bench to interpret whether a person holding dual nationality was permanently disqualified under Article 63(1)(c) of the Constitution and to examine whether SC 2012 judgment on dual nationality is correct in the light of section 14 of the Citizenship Act 1951. Justice Umar Ata Bandial and Justice Ijazul Ahsan were the other members of the bench that heard the suo motu case in the Lahore registry of the apex court.

After invoking a suo motu jurisdiction, the chief justice on Monday had ordered the electoral body to withhold the notification of senators-elect believed to be holding dual nationalities. The court heard the arguments at length from the lawyers to determine the issue that whether the renunciation of their foreign nationality was permanent or reversible.

However, arguments of Bilal Hassan Minto, amicus curiae (friend of court), changed the course of the case as he argued that the apex court has got no jurisdiction to interpret the foreign laws, besides it would be of no use. He pointed out that the renunciation made by the senators-elect of their foreign nationality was permanent but that is of no consequence. He argued that under Article 63(1)(C) of the Constitution of Pakistan, a person stood permanently disqualified to contest election or to be a member of the parliament the moment he/she acquired the nationality of another country. He also referred to the SC 2012 judgment on dual nationality to substantiate his arguments. Convinced by his legal opinion, the court confined itself to the interpretation of Article 63(1)(c) and formed a larger to hear the case. The CJP responded that due to the inherent complication of the matter, a seven-member bench will look into it.

During the course of hearing, the court also dispelled the impression that the Supreme Court is going after the overseas Pakistanis. The court made it clear that the acquiring foreign nationality is not a crime at all. The Supreme Court has great respect for Pakistani expatriates but they could not become the part of governance or hold public office. The CJP pointed out that the Supreme Court is trying hard to give the right of vote to seven million overseas Pakistan. Justice Bandial also remarked that there is no doubt that some of the finest talent of Pakistan lives abroad.

The court resounded with laughter when the CJP said his daughter is also a US citizen and she often wishes coming Pakistan to contest election. But now her political career hangs in the balance. During the hearing, Justice Ijazul Ahsan asked what would happen to the Senate chairman’s election if the five senators-elect are disqualified in the future.

The PTI leader Chaudhry Sarwar appeared before the court and told the bench that he had permanently surrendered his British nationality in 2013. Sarwar's lawyer informed the court that according to the UK laws the British nationality could be reinstated. During the course of hearing, Justice Saqib Nisar said Chaudhry Sarwar must give an undertaking that he would never restore his British nationality, otherwise he would have to face a disqualification. Sarwar told the court that he had renounced his British nationality in 2013, to which the CJP queried whether he had given up his British nationality forever, or temporarily. Sarwar’s counsel responded that the British law allows for the nationalities to be restored.

The CJP observed that it seemed as if Sarwar had temporarily renounced his British nationality in order to “become a governor after which he could restore his [British] nationality.” The CJP snubbed Sarwar for having all of his all assets and family in the UK but doing politics in Pakistan. The CJP opined that if people in power of passing the country’s laws are dual nationals then they could easily “pass on classified information and escape to another country”. It is an issue of divided loyalty, the CJP remarked.