SC seeks report from MoD

TERENCE J SIGAMONY

ISLAMABAD: The Supreme Court on Tuesday sought comprehensive report from Ministry of Defense regarding dual nationality of personnel of armed forces and asked whether there is any bar that the armed forces personnel can’t have dual nationality.

Chairman NADRA Usman Yousaf Mobeen informed the court that federal and provincial governments provided data of 228,769 officials and after analyzing it was found out that 1,116 officers are dual nationals, while 1,249 spouses of the government servants are dual nationals.

A three-member bench, headed by Chief Justice Mian Saqib Nisar, was hearing a suo motu case on dual nationality of civil servants and judges.

During the course of proceedings, the Chief Justice observed that having dual nationality by the government servant under the prevalent law is not an offence. He, however, said if a person is dual national then certain offices should not be occupied by them, adding if the parliamentarians could be disqualified by acquiring or having dual citizenship then the same rule should be applied on the officers working in sensitive departments. There should be no discriminatory treatment with the parliamentarians.

The Chief Justice said it has been observed that the officers take leaves for some period, go abroad, stay there and get nationality of that country by surrendering their passport or taking oath of that country. He further said that Pakistanis working in foreign missions get the nationalities of the countries where they are posted on the expiry of their tenure.

The Chief Justice said not only dual nationals are working in departments but in some departments there are officers who are not Pakistanis, but are nationals of Germany and Australia.

Justice Umar Atta Bandial said the law pertaining to dual nationals is pre-Constitution 1973 and according to that the office of President falls under Service of Pakistan; therefore, he should not be dual national, but there are other posts such as intelligence agencies protecting national nuclear assets and personnel of armed forces.

Shahid Hamid, who was appointed amicus curiae, submitted that a few years ago the Ministry of Information issued a notification and according to that foreigners can’t work in communication, water and power, petroleum and defense departments.

He said the Section 14(1) of Pakistan Citizenship Act 1951 prescribes that a citizen of Pakistan shall lose his citizenship if he becomes a citizen of any other country, adding however, section 14(3) creates an exception from this general prohibition in case of citizens who are citizens of the United Kingdom or its colonies or such other country as may be notified by the federal government.

He said the Foreigners Act 1946 prescribes that no foreigner shall be employed in an undertaking for the supply of light, petroleum, power or water or any other undertaking notified by government except with the permission of the civil authority notified by the government.

He suggested that the provision relating to ban on employment of non-citizens should be extended to all the statutory bodies and companies owned and controlled by the federal and provincial governments especially those bodies/companies dealing with subject covered by the Foreigners Order 1951.

The federal and provincial government should, preferably in conjunction with each other, develop criteria and standard operating procedures with regard to the employment of non-citizens where relaxation from the general prohibition is deemed necessary in the public interest. The employment of non-citizens should be subject to approval of the respective cabinets.

The federal and provincial governments should formulate negative list(s) of posts where foreign nationals shall not be employed for reasons of national security and other vital national interests.

The federal and the provincial governments should place before the parliament and the provincial assemblies at the end of each financial year a list of non-citizens employed in various posts inclusive of posts in statutory bodies and public companies owned and controlled by the respective governments.

The federal and the provincial government should formulate a negative list of posts to which employees holding dual nationality or whose spouses are dual nationals, should not normally be appointed for safeguarding the national security and vital national interests except with the permission of the respective cabinets.

The federal and the provincial governments should place before the parliament and the respective provincial assemblies at the end of each financial year list(s) of employees who are dual nationals and/or married to dual nationals, and the posts held by them.

The Chief Justice said that their job is to sensitize people about the issue while it is the job of the parliament to frame laws and the executive to make policies. The parliament should consider and take cognizance of the issue.

The case was adjourned until today (Wednesday).