| Case ID |
22e5026e-0b42-4345-aca9-58ab9c7a20cc |
| Body |
View case body. Login to View |
| Case Number |
Constitution Petition No. 5 of 2012 |
| Decision Date |
Sep 18, 2012 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that holding dual citizenship disqualifies a person from being elected or chosen as a member of the Majlis-e-Shoora (Parliament) under Article 63(1)(c) of the Constitution. The decision emphasized the importance of loyalty to Pakistan and the potential conflict of interest that dual citizenship could create for public representatives. The Court ordered the Election Commission to de-notify the memberships of the disqualified Parliamentarians and to take legal action against them for submitting false declarations regarding their citizenship status. This case underscores the significance of integrity and transparency in public office, reflecting the legislative intent to maintain the sanctity of the parliamentary system in Pakistan. |
| Summary |
In the landmark case of Constitution Petition No. 5 of 2012, the Supreme Court of Pakistan addressed the critical issue of dual citizenship among members of Parliament. The case was initiated by Syed Mehmood Akhtar Naqvi, who contended that several Parliamentarians had acquired foreign citizenship, thereby disqualifying them under Article 63(1)(c) of the Constitution. The Court meticulously examined the relevant constitutional provisions and the implications of holding dual nationality. It determined that individuals who hold citizenship of another country cannot serve as representatives in the Majlis-e-Shoora, as this could lead to conflicts of interest and compromise their allegiance to Pakistan. The Court's decision not only reinforced the stipulations of the Constitution but also highlighted the need for ethical governance and accountability in the legislative process. The ruling has far-reaching implications for the political landscape of Pakistan, ensuring that public officials remain committed solely to the interests of the nation. This case is significant within the realms of constitutional law and electoral integrity, marking a pivotal moment in the ongoing discourse surrounding citizenship and public service in Pakistan. The keywords relevant to this case include 'dual citizenship', 'disqualification', 'Supreme Court of Pakistan', 'Constitution', 'Parliament', and 'public office', which are essential for understanding the implications and context of the ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
JAWWAD S. KHAWAJA,
KHILJI ARIF HUSSAIN, JJ
|
| Lawyers |
Raja Abdul Ghafoor, Advocate-on-Record,
Ch. Akhtar Ali, Advocate-on-Record,
Mehmood A. Sheikh, Advocate-on-Record,
Shah Khawar, Advocate Supreme Court,
Anwar Mansoor Khan, Senior Advocate Supreme Court,
Mehr Khan Malik, Advocate-on-Record,
Imtiaz Rashid Siddiqui, Advocate Supreme Court,
Waseem Sajjad, Senior Advocate Supreme Court,
Mian Abdul Rauf, Advocate Supreme Court,
Malik Waheed Anjum, Advocate Supreme Court (in person),
Dr. Tariq Asad, Advocate Supreme Court (in person),
M. Irfran Qadir, Attorney General for Pakistan,
Barrister Shehryar Riaz Sheikh, Advocate On Court Notice,
Dil Muhammad Khan Alizai, D.A.G.,
Syed Sher Afghan, D.G. (Elections),
Qasim Mir Jat, Addl. A.G. Sindh,
Azam Khattak, Addl. A.G. Balochistan,
Syed Arshad Hussain, Addl. A.G. KPK,
Idrees Ashraf, Advocate,
Muhammad Azhar Ch. Advocate Supreme Court,
Khawar Mehmood Khattana, Advocate Supreme Court,
Saeed Yousaf, Advocate Supreme Court,
Mian Sultan Tanvir, Advocate Supreme Court,
Kh. Haris Ahmed, Senior Advocate Supreme Court,
Hafiz S.A. Rehman, Sr. Advocate Supreme Court,
Sardar Shahjehan Yousaf, MNA,
Jawwad Hassan, Addl. A.G. PB.
|
| Petitioners |
Syed MEHMOOD AKHTAR NAQVI
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary Law and others
|
| Citations |
2012 SLD 2764,
2012 PLD 1089
|
| Other Citations |
Tata Consultancy Services v. State of Andhra Pradesh AIR 2005 SC 371,
Muhammad Yasin v. Federation of Pakistan PLD 2012 SC 132,
Umar Ahmad Ghumman v. Government of Pakistan and others PLD 2002 Lah. 521,
Al-Jehad Trust v. Federation of Pakistan 1999 SCMR 1379,
Iftikhar Ahmad Khan Bar v. Chief Election Commissioner Islamabad and others PLD 2010 SC 817,
Muddasar Qayyum Nahra v. Ch. Bilal Ijaz and others 2011 SCMR 80,
Ch. Bilal Ijaz v. Mudassar Qayyum Nahra and 4 others 2010 CLC 1692,
Manzoor Elahi v. Federation of Pakistan PLD 1975 SC 66,
General Secretary, West Pakistan Salt Miners Labour Union (CBA), Khewra, Jhelum v. Director Industries and Mineral Development, Punjab 1994 SCMR 2061,
Mrs. Shahida Zahir Abbasi v. President of Pakistan PLD 1996 SC 632
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| Laws Involved |
Constitution of Pakistan
|
| Sections |
63(1)(c),
63A,
184(3),
14
|