The Supreme Court on Tuesday sought details of army officials holding dual nationalities.
Heading a three-judge apex court bench while hearing a suo motu case, Chief Justice of Pakistan (CJP) Mian Saqib Nisar asked the Defence Ministry if the law prevented army officials and soldiers from holding dual nationalities.
Others members of the bench were Justice Umar Ata Bandiyal and Justice Ijazul Ahsan.
As the hearing went underway, Justice Bandial recalled the judgement in Asghar Khan case, which highlighted that the president was also a government servant, and remarked that the same law should be applied on defence forces to ensure they were not foreign nationals.
The top judge stated that the exercise of seeking details was aimed at collecting data. He observed that while the top court had highlighted the issue, the responsibility to update law lied with the parliament. “The courts can only propose recommendations; the onus is on the government to take the matter further.”
Meanwhile, SC-appointed amicus Shahid Hamid submitted recommendations before the apex court. “The federal and provincial governments should formulate negative list(s) of posts to which foreign nationals shall not be appointed for reasons of safeguarding national security and/or vital national interests,” suggested Hamid in his report.
“The federal government should also be required to submit annual reports to Parliament in regard to enforcement/implementation of the 1966 Act prohibiting employment of ex-government servants with foreign government and agencies.”
He further explained that Section 14(I) of the Pakistan Citizenship Act 1951 prescribed that a citizen of Pakistan shall lose his citizenship if he becomes a citizen of any other country. “However, section 14(3) creates an exception from his general prohibition in case of citizens who are citizens of the United Kingdom or its colonies or such other country as may be notified by the federal government. The number of countries with whom dual citizenship is permissible is 19,” he concluded.
After seeking details of army officials with dual nationalities, the top court adjourned hearing until August 1 (today).
Published in Daily Times, August 1st 2018.