ISLAMABAD: The Supreme Court on Monday directed the Election Commission of Pakistan (ECP) to withhold the notifications of senators-elect with dual nationality.
A three-member Supreme Court bench comprising Chief Justice Mian Saqib Nisar, Justice Umar Ata Bandial and Justice Ijazul Ahsan issued instructions while hearing a suo motu case pertaining to dual nationality held by some civil servants.
In light of the attorney general’s proposals, the court constituted a six-member committee to be headed by Federal Investigation Agency (FIA) director general and comprising National Database and Registration Authority (NADRA) chairman, Immigration and Passports director general, additional secretary interior, additional secretary establishment division and member Federal Board of Revenue (FBR).
The committee has been directed to examine the matters of civil servants having dual nationality and submit its report within two weeks. The court also directed NADRA to develop software to examine the dual nationality of civil servants. The court directed the committee to submit its report till March 25, and later adjourned the hearing till January 26.
During the hearing, the chief justice observed that the persons having dual nationality could not become members of parliament and inquired that how many senators possessed dual nationality.
The attorney general (AG) told the court that four senators-elect, including Pakistan Tehreek-i-Insaf’s (PTI) Chaudhry Sarwar, Prime Minister Shahid Khaqan Abbasi’s sister Sadia Abbasi, Nuzhat Sadiq and Haroon Akhtar Khan possessed dual nationality.
n Court informed PTI’s Ch Sarwar, PM Abbasi’s sister Sadia Abbasi, Nuzhat Sadiq and Haroon Akhtar possess dual nationalityv n Ch Sarwar says he relinquished UK nationality in 2013
ECP’s secretary Babar Yaqoob told the court that Chaudhry Sarwar held UK nationality, while Nuzhat Sadiq and Sadia Abbasi held US nationality. He said Haroon Akhtar had denied holding a foreign nationality, however the interior ministry had confirmed that he was a Canadian citizen.
He said that the senators holding dual nationality had submitted affidavits claiming that they had withdrawn their nationality of the other country, however they had not submitted any legal documents confirming their withdrawal.
The court then directed the ECP to withhold notifications of the senators who allegedly hold dual nationality until final adjudication of the case. The chief justice remarked that the people who were entrusted to pass laws of the country cannot be dual nationals. He said any dual national could pass on classified information about the country and escape to another country. Meanwhile, the court adjourned the hearing till until March 8.
During the hearing, the establishment secretary submitted a report according to which a total of 127 officers of federal ministries and divisions held dual nationality. The court directed the secretaries of all these ministries and divisions to appear on next hearing.
According to the report, the number of civil servants in BPS-17 and above holding dual nationality is 64 in Punjab, five in Sindh, nine in Khyber Pakhtunkhwa (KP), eight in Balochistan, 28 in Azad Kashmir and one in Gilgit-Baltistan.
During the proceedings, the chief justice noted that any civil servant found guilty of hiding information about dual nationality will be removed from the position. He also noted that the Supreme Court judges were not allowed to hold dual nationality due to the sensitive nature of their job, adding that compilation of data pertaining to dual nationality of government officers was very important.
During the hearing, the chief justice directed the principal secretary to the prime minister to submit a report on any dual nationals working in the prime minister’s secretariat.
The court also sought CNIC numbers of all officers from different departments to find out how many of them were holding dual nationality. The chief justice asked NADRA chairman to take steps to ensure right of vote to the overseas Pakistanis.
To a court query that how many officers of NADRA held dual nationality, the chairman stated that officers were directed to submit declarations about their dual nationality till March 8.
Meanwhile, PTI’s newly elected senator and former Punjab governor Chaudhry Sarwar brought forth proof of withdrawal of his British nationality before the media in Lahore. He also produced a letter by the United Kingdom Border Agency regarding withdrawal of his dual nationality.
Published in Daily Times, March 6th 2018.