Now it is the turn of other lawmakers who have acquired the citizenship of some foreign country in addition to that of their land of birth, Pakistan. No body knows the exact number of such lawmakers. So the Supreme Court under activist chief justice Iftikhar Chaudhry has adopted a two track approach – call for details from the Interior Ministry and make the law makers take a fresh oath of allegiance to the constitution as the citizens of only Pakistan.  

The first salvo was fired on September 22.  As Hasnaat Malik reports in Daily Times, the Supreme Court sought details from Interior Minister Rehman Malik about the number of law makers who have dual nationality. This ‘request’ was invited by Malik himself. At a press conference the previous day, he declared with gusto that a number of dual national legislators were still sitting in assemblies, and that he would produce evidence, if asked.

How will he wriggle out of the muddle since his move will only damage the PPP image is to be seen.  Like politicians everywhere in the subcontinent, he can simply deny having said any thing on the subject. He can also say he was misquoted by the media. Both perfect alibis for escape.

Begum Shahnaz Sheikh, the lawmaker who represents the erstwhile King’s party, Pakistan Muslim League (Quaid), doesn’t have such luxury. A news paper reported that she has been an Australian citizen for 16-years. The court took cognizance of the report and issued her a notice. Simultaneously, the reporter who filed the report was also requested to produce his evidence and thus ‘assist’ the court in ferreting out truth.

On September 20, a three-member bench, headed by Chief Justice Iftikhar Chaudhry, disqualified 11 lawmakers in terms of Article 63(1) (c) of the constitution, which prohibits politicians with dual nationality from entering parliament or provincial assemblies. Those disqualified are: Chaudhry Zahid Iqbal, Farahnaz Ispahani, Farhat Mehmood Khan, Jamil Ahmad Malik- all members of National Assembly (Parliament), MPA Muhammad Akhlaq, Nadia Gabol, Chaudhry Waseem Qadir, and Chaudhry Nadeem Khadim – all members of Punjab provincial assembly, Dr Muhammad Ashraf Chohan,   Amna Buttar, and Dr Ahmad Ali Shah of Sindh legislature.

The SC directed the Election Commission of Pakistan (ECP) to de-notify the membership of these lawmakers.

The ruling elite of Pakistan have never treated the Constitution with the respect the statute deserved. It is however very clear on matters loyalty of a citizen.

Article 5 says, “Loyalty to the state is the basic duty of every citizen and obedience to the constitution and law is the inviolable obligation of every citizen wherever he may be, and of every other person for the time being within Pakistan.”  

Article 25 says, “All citizens are equal before law and are entitled to equal protection of law.”

Section 99(1) (f) of Representation of Peoples Act 1976, says, “A person shall not be qualified from being elected or chosen as a member of an Assembly unless he is sagacious, righteous and non-profligate and honest and ameen.”

So these provisions read with Article 63(1) (c) of the Constitution close the doors of legislature for any Pakistani national, who is a citizen of another country as well

Rehman Malik invited the court’s wrath as he stands accused of making a wrong declaration about his nationality status while contesting for the Senate.  The court ruled that he made ‘a false statement in his election papers’.

It appears that he tried to renounce his British citizenship in 2008 itself but the process was not completed by the time he filed his nomination. So he was unable to produce the nationality renunciation certificate issued by the UK Border Agency.

The garrulous minister who sees phantoms everywhere was alerted to this danger at least eight months ago. He tried to bluff, and popped up some excuse every time he was asked to produce the ‘renunciation certificate’.

Exasperated, the Supreme Court suspended in June his membership of Senate. But the very next month, July, he bounced back into the Senator in a by-election as no one else filed nominations against him. The court has not left him off the hook.

The Chairman, Senate, has been asked to decide the membership of Malik within 30 days. If he doesn’t for any reason, the ECP will consider Malik disqualified because of the strictures the court passed against him. In so many words, the court ruled that Rehman Malik is ineligible to be considered sagacious, righteous and honest after submitting a false declaration in 2008.  If this view prevails, Rehman Malik could be disqualified for five years, and sentenced to three years imprisonment.

Bad luck may be for Rehman Malik, and his fellow travellers. But this saga makes democracy take some roots in Pakistan.