ISLAMABAD - A petition was filed in the Islamabad High Court seeking disqualification of two parliamentarians from FATA on the basis of dual nationality of Pakistan and Afghanistan.

A single bench of IHC comprising Justice Aamer Farooq will conduct hearing today (Thursday) in this matter. It was alleged that Member National Assembly (MNA) Bismillah Jan and his son Hidayatullah who is a Senator are dual citizens of Pakistan and Afghanistan.

In this matter, one Nisarul Haq, a resident of Bajur Agency, moved the petition through his counsel Sher Afzal Advocate and nominated federation of Pakistan through Secretary Interior, Secretary Foreign Affairs, Election Commission of Pakistan (ECP) through chief election commissioner, Secretary Ministry of State and Frontier Region (SAFRON), Chairman National Database Registration Authority (NADRA), Director General (DG) Intelligence Bureau, MNA Bismillah Jan and Senator Hidayatullah as respondents.

In his petition, he adopted that Bismillah Jan, an MNA from NA-43 Bajaur Agency is father of Senator Hidayatullah while Masoom Jan father of Bismillah Jan and grandfather of Hidayatullah, was an Afghan national from Lalpura area in Nangarhar province.

The petitioner added that Bismillah Jan after the death of his father maintained his Afghan origin and while living in Kotkai Bajaur, he received all the rehabilitation packages for Afghan refugees while he also received loyalty allowance from the Government of Afghanistan.

Haq stated that Bismillah Jan is bearing an Afghan national ID card or Tazkira serial number 20214582 and Afghan government department of census and population has certified this fact in a declaration. The petitioner has also attached copies of Bismillah Jan’s Afghan ID Card and certificate. Mother of Bismillah Jan is also from Kunar province of Afghanistan.

He continued that several close relatives of Bismillah Jan were living in Afghanistan and some of them were serving in Afghan armed forces.

He argued that being dual nationals, both Bismillah Jan and his son Hidayatullah were under obligation to declare such status at the time of filing of nomination papers. He contended that both father and son under the laws were ineligible to become members of the Parliament and since they did not declare the truth, they were exposed to disqualification under articles 62 and 63 for not being ‘Sadiq’ and ‘Ameen’.

Therefore, Haq prayed to the court to call up both legislators and inquire them about their citizenship status. He also requested that the court may issue directions to the Pakistan government authorities to verify the status of Bismillah Jan and Hidayatullah through the documents attached with the writ petition and also consult the Afghan government.