Senate Committee on Law, Justice and Human Rights approved on Thursday three constitutional amendment bills, including a bill to ban holding of dual nationality by judges of superior courts, civil and military bureaucracy. The Senate Committee approved the private members' bill regarding the dual nationality of judges and the government servants including armed forces as the movers sought an amendment in the Constitution to make them renounce the nationality of any other country.
Movers of the bill Senators Raza Rabbani and Sughra Imam have sought in the proposed amendment that any judge of the Supreme Court or the High Court or a Government servant possessing dual nationality shall have to renounce within 60 days the citizenship of a foreign country.
Since January 5, 2014, the Constitution (Amendment) Bill 2013 (Amendment of Articles 177, 193 and 240) remained pending in the Senate Committee on Law and Justice, seeking to amend the Articles 177, 193 and 240 of the Constitution. After approval the bill will be sent back to the Upper House.
Movers Senator Raza Rabbani and Sughra Imam have sought amendments in articles 177 and 193 and 240 that relate to holding dual nationality by the judges of the superior courts and the persons in the service of Pakistan; and they seek to insert a new proviso by making 22nd amendment in the Constitution.
"Provided that a judge of the Supreme Court holding dual nationality or citizenship of a foreign country shall renounce the same within sixty days of coming into force of the Constitutional (Twenty-Second Amendment) Act 2013," according to the new proviso proposed by the movers.
The same proviso has been mentioned for the judges of the High Courts who will also have to renounce the nationality of another country within 60 days of the passage of this constitutional amendment. While for the proviso regarding those on the service of Pakistan, it has been stated, 'A person in the Service of Pakistan shall not hold dual nationality of any foreign country.' For them the time is same (60 days) to renounce foreign citizenship or nationality.
Senator Sughra Imam urged the committee that the purpose of moving this amendment is to ensure that all public office holders, be they be elected representatives, civil servants, armed forces personnel or judges, must have their stakes in the country, in which they hold position of power.
Regarding dual nationality of the judges of the Supreme Court and the High Courts, the movers stated that the term 'renounce' shall mean the filing of a bona fide, irrevocable and irreversible declaration in writing by the person mentioned in the proviso, as required by the law of foreign state, with regard to giving up of foreign citizenship or nationality.
For the government servants, the proviso will be more or less the same as they will also have to renounce the dual nationality within 60 days of the passage of the amendment. They will also have to submit the same declaration as mentioned in case of the judges. The articles in which the amendment has been proposed relate to the appointment of judges of the Supreme Court, High Courts and the appointments to service of Pakistan and condition of service.
Chairman committee Senator Muhammad Kazim Khan said it is discrimination that this dual nationality law should be implemented only in case of parliamentarians. He said it should be extended to other persons holding important positions. The committee also approved another bill extending jurisdiction of the Supreme Court of Pakistan and the Peshawar High Court to the Federally Administrated Tribal Areas (FATA).
Mover of the constitutional amendment bill 2014, Senator Farhatullah Babar urged the committee that natives of FATA have been deprived of basic fundamental rights given to them under Article 1 of the constitution of Pakistan. He sought to omit clause (7) of Article 247 of the constitution with a view to extending jurisdiction of the Supreme Court of Pakistan and the Peshawar High Court to FATA.
A reference was made to the Supreme Court and High Court (Extension of jurisdiction to certain tribal areas) Act 1973 (XVVII of 1973) where the apex court has jurisdiction in relation to provincially administered tribal areas of Chitral, Dir, Kalat, Swat and Malakand protected areas. The same jurisdiction as it has in relation to other areas of Khyber Pakhtunkhwa Province the Peshawar High Court will also have same jurisdiction with respect to the aforesaid tribal areas in the KP.
Special Secretary Law and Justice, former Justice Muhammad Raza Khan said that the objective cannot be achieved by merely omitting clause (7). He recommended the committee to review Article 247 as a whole. Senator Nawabzada Saifullah Magsi, Chaudhry Muhammad Jaffar Iqbal and Senator Syed Zafar Ali Shah endorsed the bill. However, Chaudhry Jaffar said that Article 247 should be reviewed and changes be made according to the current situation.
The committee also approved a constitutional amendment bill 2014 "The Anti-Rape Laws" unanimously. Senator Syed Sughra Imam was the mover of the bill. The Pakistan Peoples Party Senator observed that modern scientific tools, including DNA profiling, are used as a vital tool globally in the investigation of sexual assault cases.
The amended bill recommends that medical examination in cases of rape should only take place at government-run hospitals. Under proposed amendment, it will be mandatory for the court to decide and appeal in the case within six months, failing which an application may be made to the High Court concerned for the appropriate directions for expeditious disposal of the case.
The amendment suggested increasing the age for rape victims from 12 to 18 years. Senator Sughra said the amendment in age below 18 has been purposed as 18 year is considered the age in the international law. The committee deferred 'The Electoral Laws (Amendment) Ordinance, 2013 (Ordinance No IV of 2013) as no representative appear in the committee. Other bills "The Federal Judicial Academy (Amendment) Ordinance 2014 (Ordinance No V of 2014) and "The Protection against Harassment of women at the Workplace (Amendment) Bill 2014" have been deferred.