News
Saturday, May 26, 2012
Dual nationality: SC suspends NA membership of Haqqani’s spouse* Court orders Ispahani not to participate in meetings of NA committees
By Hasnaat Malik
ISLAMABAD: The Supreme Court on Friday suspended PPP leader Farahnaz Ispahani’s membership of the National Assembly and ordered her not to participate in meetings of the assembly’s standing committees or any committee nor participate in policy-making, including this year’s budget, until a final decision in the case.
A three-judge bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, issued the direction on a plea of Syed Mehmood Naqvi, challenging members of parliament holding dual nationality.
The court noted that before filing her nomination papers at the Election Commission of Pakistan to contest election and taking oath under Article 65 of the constitution, Ispahani, the wife of former ambassador to the US Husain Haqqani, had not disclosed her citizenship details, thus already renouncing and abjuring all allegiance and fidelity to the country where she was born.
Chaudhry Akhtar Ali, advocate on record, who submitted Farahnaz’s statement before the bench contended that the court had no jurisdiction to examine the question.
The chief justice asked, “We fail to understand that in such an important matter where elected representatives are holding position in Senate and National Assembly and at the same time they are enjoying benefit of dual nationality against the provision of Article 63(1)(c) of the constitution, if this court, which is bound to preserve and defend the constitution, is not empowered to enforce the fundamental rights of the citizens in terms of Article 184(3) of the constitution, then which court will be competent to do so?”
The court, however, gave four days to Interior Minister Rehman Malik, and MNAs Zahid Iqbal and Iftikhar Nazir to submit proof of renunciation of their UK citizenship by May 30. The court directed the respondents as well as the attorney general to furnish their replies by May 29.
Chaudhry Akhtar argued that as dual citizenship is recognised by law, it cannot be used to disqualify a member of the National Assembly, especially when the law itself has not been questioned directly before the apex court.
The hearing has been adjourned until May 30.
Courtesy www.dailytimes.com.pk