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مشاهدة النسخة كاملة : Dual nationality: SC seeks affidavit from 3 senators-elect


ahlam1399
03-09-2018, 05:23 PM
LAHORE: Supreme Court Chief Justice Mian Saqib Nisar observed Thursday that the apex court will decide on the dual nationality of senators tomorrow (Saturday) before Senate chairman election on March 12.
Earlier in the week, the chief justice while hearing a suo motu case about civil servants in possession of dual nationality had directed the Election Commission of Pakistan to withhold notifications of four senators-elect who allegedly possess dual nationality.
The Supreme Court also directed three newly-elected senators to submit their affidavits, explaining that they permanently and irrevocably renounced and surrendered their foreign nationalities.
A three-member bench headed by Chief Justice Mian Saqib Nisar and comprising Justice Umar Ata Bandial and Justice Ijazul Ahsan was hearing a suo motu case against dual nationality of judges, officials of the court, government employees and the members of the Parliament.
Earlier the senators including Prime Minister Shahid Khaqan Abbasi?s sister Sadia Abbasi, Nuzhat Sadiq of the PML-N and Ch Muhammad Sarwar of the PTI appeared before the court. The fourth senator-elect Haroon Akhtar Khan of the PML-N did not turn up before the bench and his counsel Barrister Syed Ali Zafar made request for adjournment.
The bench also stopped the ECP from issuing victory notification of another senator-elect from Balochistan, Khuda Babar after Election Commission pointed out his name. The court also issued a notice to him. The chief justice observed that if people empowered to make country?s laws were dual nationals then they could easily ?pass on classified information and escape to another country?.
He clarified that he was not aware that elections for Senate chairman were to be held on March 12 when he passed the initial order to withhold notifications and that he did not intend to withhold notifications of ?eligible voters?.
The CJ remarked that the disqualification issue arises with effect from 2012 when a decision regarding dual nationality was pronounced.
Therefore, the case?s next hearing was fixed for March 10 in the SC?s Lahore Registry, so that senators-elect who are not dual nationals could be accommodated. As the hearing started, the three senators, who appeared before the bench, also submitted documents in support of their claim that they had already renounced their foreign citizenships before the Senate polls.
?PTI?s Sarwar is believed to be a UK national, while Nuzhat Sadiq and PM?s sister Sadia holds US nationality,? ECP Secretary Babar Yaqoob, who was representing the body, told the court. ?Haroon Akhtar had previously denied holding a foreign nationality, but the interior ministry had confirmed that he was a Canadian citizen,? Yaqoob said.
The ECP secretary said though the senators holding dual nationality had submitted affidavits claiming that they had given up their nationality of other countries, they had not submitted any legal documents confirming the same.
Sarwar stated that he relinquished his UK nationality on July 12, 2013 before becoming Punjab governor while Ms Sadiq said she renounced her US citizenship in 2012. The chief justice was shocked to know that Ms Abbasi surrendered her US nationality couple of days before submitting nomination papers for the Senate?s election. ?Here they are the representatives of Pakistan. First they sought dual nationality to avail its benefits in foreign countries and later gave up the same to get advantages from their own country,? the chief justice regretted.
The bench was left speechless after PTI?s leader Andleeb Abbas, stated that Ms Abbasi had also enjoyed MNA seat (reserved seat) till 2008. Andleeb had challenged the candidatures of both women senators before the ECP.
The CJ observed that the court would look into issue of Ms Abbasi?s qualification from her previous stint as the parliamentarian.
During the course of hearing, senators-elect were unable to satisfy the bench on a point whether ceding their foreign citizenships was permanent in nature or reversible.So, the court appointed amicus curiae (friends of the court) legal experts Khalid Khan and Bilal Minto to assist the court to determine the question whether relinquishing foreign nationality claimed by the senators was permanent in nature under the UK and the US laws.

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