RECORDER REPORT

ISLAMABAD: The Supreme Court Wednesday questioned how former Chief of Army Staff General Raheel Sharif (retd) and ex-Director General Inter-Services Intelligence (ISI) Lt Gen Ahmed Shuja Pasha (retd) went abroad for employment soon after their retirement.

Chief Justice Mian Saqib Nisar, heading a three-member bench, directed the secretary defense to produce necessary documents to show who permitted the top generals to go abroad for jobs despite a law bars government officers from doing so for two years post-retirement.

The court also issued notices to 27 foreigners working in various departments of the federal government. The bench was hearing a suo motu case on dual nationality of civil servants and judges.

The Chief Justice noted that Lt Gen Ahmed Shuja Pasha (retd), former head of ISI, soon after retirement went to the UAE for a job, while General Raheel Sharif (retd) went to Saudi Arabia for employment in the kingdom.

He said they were supposed to get NOCs from the federal government, adding the court in a recent judgment had defined that federal cabinet is the federal government or the competent authority authorized by the government.

Secretary Defense Lt Gen Zamir-ul-Hassan Shah (retd) said that they had obtained permission from the federal government but he is not sure about its nature. According to Ex-Government Servants (Employment with Foreign Governments) (Prohibition) Act, 1966; “No ex-government servant shall, except with the previous permission in writing of the 1 [Federal Government,] 2 [or a person or authority authorized by it in this behalf] seek or take up employment as an officer or servant of a foreign government or a foreign agency.”

The Chief Justice said agencies’ personnel, who during their service collect valuable information, should be protected and not be exposed to others.

Attorney General for Pakistan Khalid Jawed informed the court that 27 persons working in various departments are foreigners as they do not fall in the category of Section 14(3) of Citizenship Act 1951, but are covered under Section 14(1) of the Act therefore they are foreigners and they would not be entitled to enter the Service of Pakistan. 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, while 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. The court, therefore, issued them notices to appear before the court and explain their position. The secretary defense also said that in the armed forces any person who possesses dual nationality is not allowed to work as rules do not allow this. He further said if a person is dual national then he has to rescind his foreign citizenship before joining the armed forces. From top to bottom there is same rule in the armed forces. He also categorically stated that no dual national is in the Army, Navy, Air Force and the allied departments. However, the court directed him to carry out an exercise to determine and find out whether or not there is mis-declaration by any officer about dual nationality. Secretary Interior Yousaf Naseem Khokhar informed the court that he has checked the record and consulted the people who have retired and according to them, no dual national has ever worked in the communications, water and power, petroleum and defense departments.

The AGP observed that under the Article 5(1) of Constitution, loyalty to the state is the basic duty of every citizen.

Justice Ijazul Ahsan asked the attorney general, “You want to suggest that Pakistanis who have dual nationality and are in the civil service should be given a timeframe whether they like to retain Pakistani citizenship or nationality of other country. It should be prospective.”

The Chief Justice said people acquired nationalities of other countries with some objective that after retirement they would get old age benefit as citizens of those countries.

Later, the case was adjourned until Tuesday (August 7).