| Case ID |
0068a3f8-04c2-4594-a0ca-b0b9fa7d3de1 |
| Body |
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| Case Number |
Suo Motu Case No. 3 and Civil Petition No. 53-K of |
| Decision Date |
Dec 15, 2018 |
| Hearing Date |
Sep 24, 2018 |
| Decision |
The Supreme Court addressed the issue of dual nationality among government officials and judges, emphasizing the need for guidelines on the exercise of discretion by the Federal Government regarding citizenship matters. The Court ruled that while dual citizenship is generally not permitted, exceptions exist for specified countries as per the Pakistan Citizenship Act, 1951. The Court directed the Federal Government to formulate clear guidelines for implementing these provisions, ensuring that discretion is exercised within a framework of sound administrative policy. Furthermore, the Court clarified employment eligibility for dual nationals in various sectors, including civil service and the armed forces, and mandated the review of existing practices regarding the employment of individuals holding Pakistan Origin Cards (POC). The decision aims to uphold the integrity of government service while addressing the complexities of dual nationality in a democratic framework. |
| Summary |
This case revolves around the legal complexities of dual nationality as it pertains to government officials and the judiciary in Pakistan. The Supreme Court clarifies the provisions of the Pakistan Citizenship Act, 1951, particularly regarding the loss of citizenship for Pakistani citizens acquiring foreign nationality. The judgment discusses the exceptions applicable to certain countries, allowing dual citizenship under specified conditions. The Court emphasizes the necessity for the Federal Government to create guidelines that govern the exercise of discretion related to dual nationality. It also addresses the employment eligibility of dual nationals in civil service and military positions, underlining that no blanket ban exists against their employment in government roles. The decision highlights the importance of clear policies to navigate the intersection of nationality and public service. Additionally, the Court's directive encourages the review of practices involving Pakistan Origin Card holders, ensuring their rights and eligibility to work in Pakistan are recognized. This ruling is significant in shaping future policies and guidelines regarding citizenship and employment in the public sector in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
UMAR ATA BANDIAL,
IJAZ UL AHSAN,
MUHAMMAD IBRAHIM SHAIKH
|
| Lawyers |
Qaiser Masood, Addl. Dir. Law, FIA.,
Waqar A. Sheikh, Advocate Supreme Court.,
Sardar Tariq Farid Gopang, Advocate Supreme Court.,
Barrister Talha Alizai, Advocate Supreme Court.,
Tariq Aziz, Advocate-on-Record (For PARCO),
Mir Afzal Malik, Advocate Supreme Court.,
Amir Iqbal Basharat, Advocate Supreme Court.,
Zahoor ul Haq Chishti, Advocate Supreme Court.,
Ch. Akhtar Ali Advocate-on-Record.,
Shahid Khalid, Legal Advisor.,
Raja Abdul Ghafoor, Advocate on Record.,
Shahid Hamid, Senior Advocate Supreme Court.,
Shahzad Ata Elahi, Advocate Supreme Court.
|
| Petitioners |
|
| Respondents |
GOVERNMENT OF PAKISTAN THROUGH SECRETARY MINISTRY OF DEFENCE AND OTHERS
|
| Citations |
2019 SLD 412,
2019 PLD 133
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Pakistan Citizenship Act, 1951,
Pakistan Army Act, 1952,
Pakistan Air Force Act, 1953,
Constitution of Pakistan, 1973
|
| Sections |
14(1),
14(3),
10,
12,
244,
260(1)
|