Hearing a petition against parliamentarians having dual nationality, the Supreme Court (SC) on Tuesday directed Attorney General Maulvi Anwarul Haq to confirm whether MNAs Chaudhry Zahid Iqbal, Chaudhry Iftikhar Nazir, Farahnaz Isfahani and Senator Rehman Malik were holding dual nationality.
Petitioner Mahmood Akhtar Naqvi claimed in court that Zahid, Iftikhar and Malik were holding British nationality, whereas Farahnaz, spouse of former Pakistani ambassador to Washington Hussain Haqqani, was holding American the nationality. A three-member bench consisting of CJP Iftikhar Chaudhry, Justice Khilji Hussain and Justice Tariq Pervez heard a petition seeking disqualification of lawmakers holding dual nationality. The petitioner requested the court that parliamentarians having dual nationality be declared disqualified. The CJP asked him to disclose the names of parliamentarians having dual nationalities. “Whatever you have concrete proofs, share with the court,” the CJP said. The petitioner said that he did not have such proofs but had the transcript of a TV channel report in which the reporter claimed that four parliamentarians were enjoying dual nationalities. The CJP asked Naqvi as to why he did not make all four parliamentarians respondents in the case when he was mentioning their names. Justice Khilji observed that it seemed that the petitioner had no solid proofs against the parliamentarians. “What penalty you would suggest for yourself if you fail to prove the allegations that you have leveled against the parliamentarians,” the CJP inquired.
The petitioner replied, “Hang me if I failed,” He asserted that he was doing jihad against corrupt practices in the country. The attorney general said that what the constitution said on the issue of dual nationality. Anwar said that according to Article 63(A) clause (c), a parliamentarian would be disqualified, when he ceased to be a citizen of Pakistan, or acquired the citizenship of a foreign state. The attorney general told the court that a candidate, who files his nomination papers for elections, takes oath of not having dual nationality. “According to oath, no one can hold dual nationality,” he added. The petitioner said that former ECP secretary Kanwar Dilshad had also admitted that there were 35 parliamentarians having dual nationalities. He requested the court to direct the ECP to submit complete record of parliamentarians having dual nationalities. ECP Joint Secretary Sher Afgan, told the court that candidates did not reveal their dual nationality as the ECP had banned to contest election with dual nationality. “How parliamentarians will disclose their dual nationalities when they are fully aware that dual nationals are banned to contest the election,” he added. He said the parliamentarians do not mention about their dual nationality in their oaths, which they submit to the Election Commission. Later, the court adjourned the hearing until April 20.
