Senators seek bar on judges’ dual nationality

ISLAMABAD - A number of senior lawmakers of the ruling PPP in the Senate on Friday stressed the need to bar the judges of the superior courts from having dual nationality and sought the names of the dual nationality holding judges, if any.A member from the opposition side also endorsed the demand of the treasury benches. They contended when neither dual nationality holders could become members of the parliament, nor could they join civil service and armed forces, no Pakistani having dual nationality should become a judge of the superior courts.Senate Chairman Nayyer Bokhari, before the prorogation of the House, ruled that Article 25 pertained to the discrimination of citizens and the lawmakers could move an amendment in this regard. He also said the superior judiciary should dispose of the matter of 18th Amendment pending with it for months as it was unanimously passed by the Parliament.Senator Farahatullah Babar was the first who, discussing the implications of an answer given last month by Law Minister Farooq H Naek that there was no bar on the superior court judges to hold dual nationality, urged him to make the names of dual nationals in the judiciary public if there were any. He referred to all questions asked and replied in the Senate previously about the dual nationality of government officials, armed forces’ personnel and judges.“Our judges are most honourable and I do not believe that any one of them has taken oath of allegiance to the constitution of any other country, but it is necessary that the law minister be asked to make a categorical statement,” he said. He pointed out that the question asked in the Senate last month about the dual nationals being eligible to become judges and the answer given were most significant and raised further questions. “A number of MPs have already been disqualified for possessing dual nationality. Not only this, the SC asked the MPs to file fresh declarations, which the MPs did without hesitation in deference to the court,” he said.  Babar said the judges were above suspicion and the powers of the judiciary were vast over other institutions of the state and added, “I believe no member of the judiciary can be a dual national and I cannot expect that any member of the judiciary having dual nationality can disqualify the prime minister or overturn the decision of the Parliament as was done with Speaker Dr Fahmida Mirza’s ruling in Yousaf Raza Gilani’s case, and negate the will of the people.” Babar said he believed that judges could not be criticized, but question arose whether any one had dual nationality in the present judiciary. “So it is clear that a dual national cannot be a member of the Parliament, cannot join the armed forces and civil service until he or she renounces the foreign nationality,” he said, adding there was no rationale of allowing dual nationality to the judges of the superior courts.” Why is there exception and discrimination in the case of judges?” he asked.  Senator Saeed Ghani endorsed the remarks of Babar and said the judges should not serve the loyalties of the other country by having dual nationality and proper legislation was necessary on the issue.Babar Awan said that no bar in the law existed for a person having dual nationality to become a judge of the Supreme Court and the high courts. While referring to certain articles of the Constitution, he said any one having Pakistan nationality could become a judge and no disqualification of judges had been mentioned in it. “A constitutional amendment is necessary on the issue,” he suggested.Senior PPP leader Mian Raza Rabbani said that Article 177 (2) dealt with the appointment of judges of the superior judiciary and it was not clear on the dual nationality issue, so an explanation was needed. “On the other side, Article 63 (1) C of the Constitution clearly states the disqualification of the member of the Parliament,” he said. He pointed out that a person who received salary from the federal consolidated funds would cease to be a citizen of Pakistan if he acquired the nationality of any other state under the law.Hafiz Hamdullah of JUI-F said a judge having dual nationality would not be acceptable to them as it would be a half Pakistani as the judiciary, while hearing the dual nationality case, had remarked that they did not need a half Pakistani. He said his party would oppose the dual nationality tooth and nail. “No person, including judges, whose nationality is not clear is not acceptable,” he added.Finance Minister Dr Abdul Hafiz Sheikh tabled the tax amnesty bill-Tax Laws (Amendment) Bill, 2012, before the House to have its recommendations on it. The minister, replying to the queries of the Opposition Leader in the Senate Ishaq Dar and Mian Raza Rabbani accepted that the bill should have been transmitted to the Senate the same day it had been tabled before the National Assembly, but the chair should now judge the matter. Furthermore, he said the Senate Standing Committee on Finance would discuss all the reservations of senators regarding the bill and the National Assembly would respect all its recommendations.Advisor to PM on Petroleum and Natural Resources Dr Asim Hussain, answering a call-attention notice regarding failure of the government to devise a formula for CNG prices resulting in non-supply of CNG to transport sector, said the government did not want to give all gas to the CNG sector. “The government had earlier devised a formula and now the matter is before the Supreme Court,” he said. The chair expressed surprise that it was the job of the government to fix prices and said how the apex court could do it.

ePaper - Nawaiwaqt