Dual nationality employees a security risk: SC

LAHORE: Calling dual nationality holder employees a security risk, the Supreme Court urged the government on Saturday to abstain from appointing them to positions related to national security in order to “safeguard national security and interests”.

The apex court ordered the federal and all provincial governments to set a deadline for civil servants possessing dual nationalities or permanent residence permits of foreign countries to either relinquish their jobs or the second nationality.

The top court had reserved its verdict on Sept 24 in a suo motu case pertaining to dual nationalities of judges/ officials of courts and government officials, hearing some petitions pertaining to a service matter.

A three-member bench, comprising Chief Justice Mian Saqib Nisar, Justice Umar Ata Bandial and Justice Ijazul Ahsan heard the case.

Announcing 52-page verdict, authored by Chief Justice Mian Saqib Nisar, at the Lahore Registry, the top court ruled: “The acquisition of foreign nationalities and permanent residence permits, etc., by citizens during employment in the government service or autonomous/semi-autonomous statutory bodies/ organisations and companies etc., which are owned/ controlled/ governed by the federal and/or provincial governments, indicates, prima facie, and indeed in many cases (but not all), is an intention to securely dispatch ill-gotten gains, procured during service and to relocate their families and/or themselves during service and/or after retirement. Such individuals deserve no leniency.

“This is intended to send a strong signal to all officials in the employment of the government of Pakistan at any level that they must not deceive Pakistan by breaking the trust that they have been bestowed upon by virtue of their office,” the judgment adds.

It says that necessary rules/ regulations in this regard may be made/ amended by the federal and/or provincial governments, preferably in conjunction with each other. It asks the governments to develop criteria and standard operating procedures requiring disclosure of the intent to seek such foreign nationalities and permanent residence permits, etc., and adopt methods to check such instances and enforce penalties for nondisclosure.

The apex court, in the judgement, also issues proposals to the government as the some points discussed in the case cannot be addressed through judicial interpretation.

Proposals include, formulating negative list(s) of posts within the government service to which citizens holding dual nationalities or whose spouses are dual nationals, should not normally be appointed for reasons of safeguarding national security and/or vital national interests, except with the permission of the respective cabinets.

It observes that the proper course would be for parliament to consider the proposals in light of the existing laws.

It states that since dual nationals fall within the definition of citizens, it is for the federal and provincial governments to consider whether they should formulate negative list(s) of posts within the government departments, autonomous/semi-autonomous statutory bodies/ organisations and companies, etc., to which citizens holding dual nationalities or whose spouses are dual nationals, should not normally be appointed.

It says that these lists should be placed before the parliament and the respective provincial assemblies for consideration at the end of each financial year.

With regard to former army chief General (retd) Raheel Sharif, the court noted that documents were filed showing no-objection certificates (NOCs) from the General Headquarters (GHQ) and the Ministry of Defence. But, according to the relevant law, it is, in fact, the federal government which can grant permission to an ex-government servant to seek or take up employment as an officer or servant of a foreign government or a foreign agency.

“Let the secretary, Ministry of Defence, file a report in this regard within one month from the issuance of this judgement and in case the requisite NOC is not granted by the federal government within such time, the foreign employment of General (retd) Raheel Sharif shall cease with immediate effect,” the ruling adds. With respect to foreigners, which include those who hold Pakistan Origin Cards (POCs), the court says, it is for the federal and provincial governments to consider whether they should impose a blanket ban on employment of non-citizens, i.e. foreigners (of Pakistani or non-Pakistani origin) on employment within the government service.

However, it observes that the federal and provincial governments should develop a criteria and standard operating procedures with regard to employment of non-citizens within the government service where relaxation from the general prohibition is deemed necessary in the public interest.

“The federal government should also be required to submit annual reports to parliament with regard to the enforcement/ implementation of the Ex-Government Servants (Employment with Foreign Governments) (Prohibition) Act, 1966 prohibiting employment of ex-government servants with foreign governments and agencies.”

Discussing the issue of divided loyalty, the court observed that the purpose of proceedings was not to cast any sort of reservation, scepticism or mistrust against dual nationals or foreigners of Pakistani origin. “The importance of the overseas Pakistani community cannot be overstated,” it maintains.

“We cannot lose sight of the fact that divided loyalty does not necessarily mean disloyalty to Pakistan. There are many dual-nationals or even foreigners of Pakistani origin for that matter who possess great love and affection for Pakistan and express it in the form of foreign remittances or by working in Pakistan, etc. Nonetheless, a real concern as raised by the opponents of dual nationality is that of divided loyalties leading to potential national security risks.” It explains that this court has always held the interests of overseas Pakistanis in the highest esteem. “We acknowledge the services rendered by the overseas community which is not only providing the much needed foreign remittances that contribute to the economy of Pakistan, but immense support by representing Pakistan before various international bodies and organisations.

“With this background in mind, we would like to emphasise that the instant matter in which information was sought about dual nationals holding important posts in the government is not directed against those patriotic overseas Pakistanis, rather it was an exercise prompted by the acts of those Pakistani government officials who acquired nationalities of other countries during their tenure without disclosing the same to the government, and have transferred the proceeds of their corruption abroad, and also relocated their families and themselves postretirement while continuing to draw pension (themselves and their family members after their death) from the national exchequer,” states the judgment.

“It is in the light of both the advantages and disadvantages of dual nationality that leads us to consider the adoption of a balanced approach where certain important positions in government service and public offices where indeed complete and undivided loyalty to Pakistan is required ought to be restricted to those who are citizens of Pakistan only.

“At the same time, keeping the door open on Pakistanis abroad who are an immense source of talent, skills, experience and competence, dual nationals and foreigners of Pakistani origin (and even non-Pakistani origin for that matter) ought to be allowed to work in various public and private sector entities in Pakistan such as health, education, etc. where they can share their wisdom, training, skills and learning and contribute to a better Pakistan.”

In January, the top judge during the hearing of another case took a suo motu notice on senior government officers as well as members of the judiciary holding dual nationality.

Following this, in March, a report was compiled by the Establishment Division that had revealed that a total of “213 government officers serving in various ministries, divisions, provincial departments and autonomous bodies held dual nationality”.