Senators belonging to Pakistan Muslim League-Nawaz (PML-N), Haroon Akhtar Khan and Saadia Abbasi, were disqualified under the Article 163(1) (c) of the Constitution for holding dual nationality. A seven-member bench, headed by Chief Justice Mian Saqib Nisar, hearing the cases of dual nationality on Wednesday declared that as both the senators were holding dual nationality at the time of filing nomination papers for the Upper House of the Parliament; therefore, they cease to be members of Senate under the Article 63(1)(c). The Election Commission of Pakistan (ECP) has been directed to denotify them.
The court was told that still the verification and authentication of Governor Punjab Chaudhry Sarwar Khan's renunciation certificate has not been received. The court directed the Ministry of Foreign Affairs to get PML-N Senator Nuzhat Sadiq's revocation certificate verified from the USA Embassy in Islamabad and also the US State Department within six weeks.
Barrister Ali Zafar, appearing on behalf of Haroon Akhtar, submitted that his client had applied for the renunciation of foreign nationality before filing the nomination papers. He urged the court that it should adopt dynamic and organic approach on the issue of dual nationality. He argued that the strict interpretation of the Article 63(1) (c) of the Constitution would deprive millions of Pakistanis from becoming member of the Parliament.
The Chief Justice said that the Article 62 deals with the qualification of the person who wants to become member of the Parliament, while the Article 63 is about disqualification; therefore, if a person acquires foreign nationality then he would be disqualified under the Article 63(1)(c).
Ali Zafar contended that word 'or' in the Article 63(1) (c) should be read as 'and'. The Article 63(1) (c) reads; "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."
He argued if at any stage the whole Parliament is dual national then how the court would disqualify the whole Parliament. The Chief Justice questioned whether "You want to say that law should not take its own course." Justice Gulzar Ahmed remarked: "Do we like that foreigner rule us."
Ali Zafar stated that the rest of the world is allowing the dual nationals to become members of their Parliament. In the UK, the USA and Canada, Pakistanis have become parliamentarians in those countries. The Chief Justice said: "Let the Parliament change the law as it is superior body to legislate.
Ahmar Bilal Soofi, representing Saadia Abbasi, said that on September 29, 1990, his client had become a USA citizen and on February 02, 2018, she relinquished the US citizenship and on 28-02-2018 the renunciation became effective from the State Department. Justice Ijaz-ul-Ahsan said it means that at time of filing nomination papers; she was dual national. The Chief Justice remarked that she should first complete the revocation and then she can contest the election.
The counsel for PML-N Senator Nuzhat Sadiq informed that his client had given up foreign citizenship on March 23, 2012.
Bilal Manto, who was appointed amicus curiae, said that the renunciation of foreign nationality must be permanent. He said the people come from abroad, revoke their nationality for contesting election and after that they go back to a foreign country, adding if this happens then it will be mockery of the law.
He said this court (SC) can't enters the jurisdiction of foreign laws and interpret the foreign law.
Justice Gulzar said that once a person acquires foreign nationality and later on relinquishes it, he can't become the member of the Parliament as there is no reversal in the law. "The disqualification will not be revived but the citizenship could be revived," the court noted.