Name names, SC tells Malik

The Supreme Court on Saturday asked Interior Minister Rehman Malik, journalist Umar Cheema and Parliamentary Secretary Shehnaz Sheikh to assist it by revealing names of more dual national members of parliament.
Referring to media reports quoting Rehman Malik as claiming that he knew many more dual national MPs sitting in the assemblies, Chief Justice Iftikhar Mohammad Chaudhry directed the court office to write to Malik, asking him to reveal the names of dual national lawmakers.
The media report had quoted the interior minister as saying that proceedings were conducted against only a few members of assemblies whereas a large number of members had concealed their dual citizenship and he would produce a list of such members if so directed by the court or the government.
The court vide its short order on September 20 had decided the cases of the dual national parliamentarians and members of the provincial assemblies in respect of whom either the petitioner or the interveners, M/S Waheed Anjum and Tariq Asad, had furnished information, whereas no one amongst the persons, namely Rehman Malik or Umar Cheema, had come forward to assist the court.
“Article 5 of the constitution provides that loyalty to the State is the basic duty of every citizen and that obedience to the Constitution and law is the inviolable obligation of every citizen wherever he may be, and of every other person for the time being within Pakistan. The said Article essentially is to be read with Article 25 of the Constitution, which provides that all citizens are equal before law and are entitled to equal protection of law,” said a handout issued by the court.
“Thus, they (Rehman Malik and Umar Cheema) are required to assist the court to ensure that there is no discrimination amongst the parliamentarians and members of the provincial assemblies, who being the holders of dual citizenship under Article 63(1)(c) of the Constitution are disqualified from being elected or chosen as, and from being, members of the Majlis-e-Shoora (Parliament)”.
In pursuance of the news story by Cheema published on September 21 under caption “Another dual national MNA spotted hiding behind secrecy”, the letter was sent to him asking him to furnish the details to substantiate the stand and enabling the court to deal with all of them equally in terms of Article 25 read with Article 5 of the Constitution.
The SC also directed for sending a letter to Begum Shehnaz Sheikh through the NA secretary to confirm the information given in the newspaper. The report had stated that more than 30 members still had dual citizenship.
“Keeping in view these provisions, it is to be observed that above noted persons, namely, Umar Cheema, Senator A Rehman Malik, and all citizens of Pakistan are under a constitutional duty to be loyal to the State of Pakistan and obedient to the Constitution and the law. Letters be sent to Umar Cheema and Senator A Rehman Malik to furnish details to substantiate the stand taken by them as noted hereinabove, enabling this Court to deal with all of them equally in terms of Article 25 read with Article 5 of the Constitution. A letter be also sent to Begum Shehnaz Sheikh through secretary, National Assembly to confirm the information given in the newspapers referred to hereinabove. The information so solicited be furnished on or before 27.09.2012, so that further proceedings, if need be, may be initiated on judicial side,” the order said.