The Supreme Court on Wednesday disqualified Advisor to Chief Minister Balochistan Abdul Rauf Rind for having dual nationality and directed Foreign Office to get the renunciation certificate of Punjab Governor Chaudhry Sarwar from the UK Home Office and British High Commission, Islamabad.
A seven-member larger bench, headed by Chief Justice Mian Saqib Nisar was hearing dual nationality cases of Abdur Rauf Rind, Governor Punjab Chaudhry Sarwar, and Senator Haroon Akhtar of PML-N.
The bench also examined the question if a person is disqualified under Article 63(1)(c) of Constitution for being member of the Parliament for acquiring foreign nationality but later on he renounces his foreign citizenship. In such a case, whether the disqualification would be temporary or permanent.
Justice Umar Atta Bandial said: "We also have to see whether we want to expel dual nationals as many Pakistani citizens who went abroad for education got the nationality of that country during their stay." "Do we want to have 'close shop'," Justice Bandial posed question to other members of the bench.
He observed that besides the constitutional issue, there is question of national development. "We should not have myopic view to exclude everyone who obtained dual nationality," adding though the parliamentarians are disqualified for being dual nationals, now they are considering its application on other government officials. He remarked that executive powers are unbridled that need to be checked.
Kamran Murtaza, representing Abudur Rauf Rind, contended that his client was a dual national, having citizenship of Sultanate of Oman besides Pakistan, but he had relinquished it before contesting the general elections 2018. He explained that he was national of Oman by birth because the Gwadar was part of Oman till 1958. As his father was Omani national therefore he also became Omani citizen by birth, he added. Murtaza contended that his client did not acquire the Omani nationality.
Justice Ijaz-ul -hsan said when he had acquired Omani passport, it means he acquired the Omani citizenship, adding according to the Article 63(1)(c) when a person shall be disqualified from being elected or chosen as, and from being, a member of Parliament, if he acquires the citizenship of a foreign State.
The court disqualified him for not submitted Royal Decree of Sultanate Oman for revoking his Omani nationality at the time of filing of nomination papers.
Hamid Khan Advocate, appearing on behalf of incumbent Governor of Punjab Chaudhry Sarwar, argued that Ch Sarwar had surrendered British citizenship on July 2, 2013 and he was issued renunciation certificate later on under Section 12(1) of British Nationality Act 1981, which he had submitted at the time of contesting election for Senate.
The Chief Justice remarked that they would see whether the revocation of UK citizenship was temporary or permanent. He remarked that dual national after enjoying the positions in Pakistan go back to countries whom they are also citizens. The bench also examined the case of PML-N Senator Haroon Akhtar, who was also having nationality of Canada and now has relinquished that. The case was adjourned until October 17.
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