Secretary Defence has been granted one month from the issuance of the judgement to file a report on foreign employment of Gen Raheel Sharif (retd) and in case requisite NOC is not granted within such time, the retired general's foreign employment shall cease with immediate effect. General Raheel soon after his retirement joined Saudi-led Islamic Military Alliance to Fight Terrorism (IMAFT).
A three-judge bench on Saturday announced it reserved judgement on dual nationality of judges and the officials of courts and the government officials.
The judgement by authored by Chief Justice Mian Saqib Nisar noted that according to Section 3 of Ex-Government Servants (Employment with Foreign Governments) (Prohibition) Act, 1966, the federal government (or a person or authority authorised by it in this behalf) can grant permission to an ex-government servant to seek or take up employment as an officer or servant of a foreign government or a foreign agency. It explained that according to Messrs Mustafa Impex judgement, the federal government is defined as the cabinet. The court said the judgement was in the field when the NOCs were granted.
The court stated that the documents submitted in the Supreme Court show that no objection certificates (NOC) were issued from the General Headquarters (GHQ) and the Ministry of Defence for the foreign employment of Gen Raheel Sharif (retd). It, therefore, on 07.08.2018 granted time to the Attorney General for Pakistan and the Additional Secretary, Ministry of Defence, to look into the matter and apply to the federal government for an ex-post facto NOC/permission.
The judgement said dual nationals fall within the definition of citizens; therefore, the federal and provincial governments have been asked to consider the following:
Formulate negative list(s) of posts within the government service to which citizens holding dual nationalities or whose spouses are dual nationals, should not normally be appointed for reasons of safeguarding national security and/or vital national interest, except with the permission of the respective cabinets;
Place before the Parliament and the respective provincial assemblies at the end of each financial year list(s) of government servants who are dual nationals and/or married to dual nationals, and the posts held by them;
Formulate negative list(s) of posts (decision-making/top managerial posts perhaps) within autonomous/semi-autonomous statutory bodies/organisations and companies, etc, which are owned/controlled/governed by the federal and/or provincial governments, to which citizens holding dual nationalities or whose spouses are dual nationals, should not normally be appointed for reasons of safeguarding national security and/or vital national interest, except with the permission of the respective organisation or parent department;
Place before the respective organisations or parent departments at the end of each financial year list(s) of employees of autonomous/semi-autonomous statutory bodies/organisations and companies, which are owned/controlled/governed by the federal and/or provincial governments who are dual nationals and/or married to dual nationals, and the posts held by them. The court said the government servants whose spouses possess nationalities other than that of Pakistan i.e. who are foreigners (including those of Pakistani origin), those of Pakistani origin holding POCs, it is for the federal and provincial governments to consider whether they should:
Impose a blanket ban on employment of non-citizens, i.e. foreigners (of Pakistani or non-Pakistani origin) on employment within the government service;
The federal and provincial governments should, preferably in conjunction with each other, develop criteria and standard operating procedures with regard to the employment of non-citizens within the government service where relaxation from the general prohibition is deemed necessary in the public interest. The employment of non-citizens should be subject to approval of the respective cabinets;
Formulate negative list(s) of posts within autonomous/semiautonomous statutory bodies/organisations and companies, etc, which are owned/controlled/governed by the federal and/or provincial governments, to which non-citizens should not normally be appointed for reasons of safeguarding national security and/or vital national interest, except with the permission of the respective organisation or parent department;
Place before the respective organisations or parent departments at the end of each financial year list(s) of employees of autonomous/semi-autonomous statutory bodies/organisations and companies, etc, which are owned/controlled/governed by the federal and/or provincial governments who are non-citizens, and the posts held by them.
The federal government should also be required to submit annual reports to the Parliament with regard to the enforcement/implementation of the Act of 1966 prohibiting employment of ex-government servants with foreign governments and agencies.
The acquisition of foreign nationalities and permanent residence permits, etc, by citizens during employment in the government service or autonomous/semi-autonomous statutory bodies/ organisations and companies, etc, which are owned/controlled/governed by the federal and/or provincial governments, indicates, prima facie, and indeed in many cases (but not all) is, an intention to securely dispatch ill-gotten gains procured during service and to relocate their families and/or themselves during service and/or after retirement. Such individuals deserve no leniency. After determination by the competent authority, such officials must be given a deadline of either rescinding their foreign nationalities obtained during service or resign from service immediately. This is intended to send a strong signal to all officials in the employment of the government of Pakistan at any level that they must not deceive Pakistan by breaking the trust that they have been bestowed upon by virtue of their office. The necessary rules/regulations in this regard may be made/ amended by the federal and/or provincial governments, preferably in conjunction with each other. Furthermore, the federal and/or provincial governments should develop criteria and standard operating procedures requiring disclosure of the intent to seek such foreign nationalities and permanent residence permits, etc, and adopt methods to check such instances and enforce penalties for nondisclosure. Such criteria and standard operating procedures could possibly be incorporated into the existing efficiency and discipline rules/regulations, etc, by way of amendment or be adopted independently.
Regarding the 24 government officers with foreign nationality, the court held that under the existing law such foreigners, albeit of Pakistani origin, are not allowed to become civil servants by virtue of the rules framed under the respective federal and provincial acts, and similarly may not enrol in the Armed Forces by virtue of the respective acts governing the Pakistan Armed Forces (save, in both cases, where permission has been granted by the competent authority where applicable); however there does not appear to be any general prohibition on such persons being employed by or in autonomous/semi-autonomous statutory bodies/organisations and companies, etc, which are owned/ controlled/governed by the federal and/or provincial governments, save for the restrictions contained in Section 10 of the Foreigners Order, 1951.
In the absence of any specific restrictions in the specific statute, law, rule or constitutive document applicable to each body, such persons are theoretically entitled to work therein under the existing legal framework until of course it is reconsidered by the government (should that be the case).
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