Penalty for holding Dual Nationality

Penalty for holding Dual Nationality

Dear Brothers of Pakistan and Dual Nationality holders,

A point on dual nationality; its rights and responsibilities has been raised by the Supreme Court of Pakistan under the leadership of Chief Justice Iftikhar Mohammad Chaudhry on the petition of Allama Dr. Sheikh Tahirul Qadri on the 11th of February. The petition was to declare Election Commission appointments of its members (four judges) void on the basis of illegalities involved in the appointment. Instead of hearing the case the Supreme Court like an expert political organ of some political party with dubious intentions raised the irrelevant question of the allegiance of the petitioner to his dual nationality country and dismissed the petition under the plea that the petitioner may have right to vote in the general election but does not have right to stand in election for a parliamentary seat, because of his oath of allegiance to his dual nationality country and the election comission body composition is not of his concern that it will violate his civil rights.

The election commission members have been appointed surpassing the imperatives of law, but that is of little concern to the Supreme Court under Iftikhar Mohammad Chaudhry. This kind of jugglery he has shown many times in the past. And the Media of Pakistan is saying, Allama Tahirul Qadri has been trapped by the judiciary. The people of Pakistan are not interested in the trapping game of the Supreme Court. They want fair judgement. The Supremes court is slave of law not the sovereign of expediency and it has to go by law and not show expediency.

The Supreme Court instead of examining the case of the malafide appointment, started to examine the nationality issue and the terms of Allama Tahirul Qadri’s dual nationality, which has been examined by the constitutional experts in 1951. They have accorded the dual nationality rights to the Pakistani immigrants in 16 countries of which Canada is one - a member country of the Common Wealth, where from Allama Tahirul Qadri came to lead the nation for it to stand against malpractices in the country’s general parliamentary election.

What a Supreme Court we have in Pakistan under Iftikhar Mohammad Chadhary which hoodwinks the real issue pointed out by the appellant and side tracks it by asking the Allama to submit the verdict of his allegiance of the Canadian citizenship. In this wake the law not to allow Pakistan citizens of dual nationality to stand for election in Pakistan is harsh and anomalous. I hold nationality of Pakistan since October 1951 and of England from 15 August 1960 and have not been given to take oath of allegiance of either of these countries and I am entitled to stand for legislative election in either countries. But my compatriot who has oath of allegiance to England is not allowed to stand for election in Pakistan. In other words out of two Pakistanis of equal status, one is allowed by Pakistan to stand for parliamentary election there and the other is not. This is fallacious law. And Iftikhar Mohammad Chaudhry should look into it rather than pass political judgement from the high seat of Chief Justice. Allama Tahirul Qadri is right in passing the remark that the judgement passed is not constitutional; Adalty Naheen Siyasi Haai – the judgement is not judicial but political.


Sayed Athar Husain

Afkar-e Shia (Shia thought)




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