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.