–CJP Nisar says final verdict in case will be applicable on all parliamentarians
ISLAMABAD: Justice Ijazul Ahsan of the Supreme Court (SC) Wednesday remarked that a disqualified person does not become eligible to contest in the polls upon surrendering a foreign passport.
A seven-judge larger bench headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar was hearing a case pertaining to dual nationality of parliamentarians.
As the hearing went underway, the chief justice inquired if lawyers of respondents Punjab Governor Chaudhry Sarwar, Senator Haroon Akhtar, Senator Nuzhat Sadiq and Senator Sadia Abbasi were present. The top judge was informed that Abbasi’s lawyer was not present.
“We are commencing the proceedings of this case beginning today. The final verdict will be applicable on all members of the assembly,” Justice Nisar noted.
Commenting on dual citizenships of the respondents, Justice Azmat Saeed said: “The question is very clear. The lawmakers who have been named in this case only need to show documents that state they have surrendered their foreign passports.”
In response to Justice Saaed’s question, Sarwar’s lawyer Hamid Khan presented documents before the bench to prove that his client had given up his foreign citizenship.
The chief justice then remarked that the documents were incomplete. “Submitting incomplete documents won’t serve your client well,” Justice Nisar said.
The court’s adviser on the case, Bilal Manto, added that dual nationality was, in fact, the basis of being disqualified from holding public office. “The Constitution has no provision regarding reversal of disqualification upon surrendering foreign nationality,” he noted.
“Once declared disqualified, an individual’s status cannot be reinstated unless a court rules otherwise,” Manto added.
Adding to the discussion, Justice Umar Ata Bandial remarked that meaning derived from the law should be liberal.
“Those who reside abroad must also be given chances. The country’s law allows citizens to hold dual nationality. Should a person who wants to surrender their foreign passport and return back to Pakistan not be given a chance?” Justice Bandial observed.
The court then issued a notice to Senator Abbasi and the attorney general of Pakistan.
The hearing was then adjourned till October 10.
