AGL 38.00 Increased By ▲ 0.06 (0.16%)
AIRLINK 197.50 Increased By ▲ 3.59 (1.85%)
BOP 9.56 Increased By ▲ 0.24 (2.58%)
CNERGY 5.96 Increased By ▲ 0.12 (2.05%)
DCL 8.87 Increased By ▲ 0.19 (2.19%)
DFML 35.65 Decreased By ▼ -0.81 (-2.22%)
DGKC 97.50 Increased By ▲ 4.96 (5.36%)
FCCL 35.30 Increased By ▲ 1.33 (3.92%)
FFBL 89.00 Increased By ▲ 6.70 (8.14%)
FFL 13.21 Increased By ▲ 0.46 (3.61%)
HUBC 127.70 Increased By ▲ 7.09 (5.88%)
HUMNL 13.49 Decreased By ▼ -0.11 (-0.81%)
KEL 5.38 Increased By ▲ 0.16 (3.07%)
KOSM 7.00 Increased By ▲ 0.48 (7.36%)
MLCF 45.00 Increased By ▲ 2.89 (6.86%)
NBP 61.90 Increased By ▲ 2.09 (3.49%)
OGDC 215.50 Increased By ▲ 4.33 (2.05%)
PAEL 39.05 Increased By ▲ 1.47 (3.91%)
PIBTL 8.24 Increased By ▲ 0.17 (2.11%)
PPL 192.40 Increased By ▲ 2.08 (1.09%)
PRL 38.57 Increased By ▲ 0.40 (1.05%)
PTC 25.80 Increased By ▲ 2.35 (10.02%)
SEARL 105.98 Increased By ▲ 8.04 (8.21%)
TELE 8.28 Increased By ▲ 0.06 (0.73%)
TOMCL 35.25 Increased By ▲ 0.22 (0.63%)
TPLP 13.40 Decreased By ▼ -0.15 (-1.11%)
TREET 22.29 Decreased By ▼ -0.44 (-1.94%)
TRG 55.99 Increased By ▲ 3.12 (5.9%)
UNITY 33.00 Increased By ▲ 0.04 (0.12%)
WTL 1.62 Increased By ▲ 0.10 (6.58%)
BR100 11,739 Increased By 355.4 (3.12%)
BR30 36,418 Increased By 1206.5 (3.43%)
KSE100 109,513 Increased By 3238.2 (3.05%)
KSE30 34,513 Increased By 1160.1 (3.48%)

A question was raised before the Supreme Court whether the disqualification of a parliamentarian under Article 63(1)(c) of the Constitution is permanent even if the lawmaker renounces his/her foreign nationality. Bilal Manto, amicus curiae, raised the questions if a lawmaker acquires foreign nationality and the courts disqualify him under Article 63(1)(c) of Constitution, although later on he renounce his citizenship of other country yet his disqualification would not vanish.
He said he was relying upon the constitutional provision. Article 63(1)(c) says; "A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State."
Bilal further stated that the apex court judgment (PLD 2012) on dual nationality should be declared per incurum on the basis of some omission. The judgment authored by former Justice Khilji Arif Hussain held that in terms of Article 63(1), "a person" who holds dual citizenship but wishes to be elected or chosen to become parliamentarian has to renounce citizenship of foreign state first, otherwise he would be disqualified to be elected, if at the time of submitting his/her nomination paper, he/she was holding citizenship of foreign state.
A seven-member bench larger bench, headed by Chief Justice Mian Saqib Nisar, was hearing constitutional petitions of Chaudhry Sarwar, incumbent Governor Punjab, Nuzhat Sadiq, Haroon Akhtar and Sadia Abbasi. They were directed to file response to the questions of amicus curiae. Sadia Abbasi was asked that as her counsel Shakoor Paracha has become secretary law, so she should engage any other counsel.
Justice Gulzar Ahmed agreed with the proposition of Bilal Manto. He said once the accusation of dual nationality is there then it could not be reversed. However, Justice Umar Atta Bandial remarked that there is need to find middle way. "We should give chance to Pakistanis who acquire foreign nationality to come back and live here." The Chief Justice said besides the constitution provision, the court should have to keep in mind Sections 4 and 14 of the Citizenship Act.

Copyright Business Recorder, 2018

Comments

Comments are closed.