Why bureaucrats don’t face ban like MPs, asks CJP

ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Mian Saqib Nisar Monday asked if there is a ban on parliamentarians from holding dual nationality, why it is not on bureaucrats.

A three-judge bench headed by Chief Justice Mian Saqib Nisar and comprising Justice Umar Atta Bandial and Justice Ijazul Ahsan heard the suo motu case pertaining to dual nationality of bureaucrats.

The chief justice observed that those who betrayed the nation and bought property abroad still hold government offices. He said there should be no leniency towards those who tarnish the image of the country. He said the government has the authority to draft policies on this matter.

Justice Umer Ata Bandial observed that some posts require complete loyalty to the state, adding that there are no objections to the dual nationalities of expert doctors on kidney as well as teachers.

The chief justice questioned if there is a ban on parliamentarians from holding dual nationality then why is it not on bureaucrats? He said there is one category of people who were born in foreign countries, a second category of those who went abroad to study and a third category which includes those who acquired dual nationality while they served on government posts. “Should all categories be treated in the same manner,” the chief justice questioned.

Chairman Higher Education Commission (HEC) submitted before the court that quality control is his basic job. He said that teachers coming from abroad to teach here should be encouraged and doors should not be closed for them. Justice Saqib Nisar observed that they are not shutting the doors, but want that only well qualified teachers from well reputed educational institutions should come and teach here.

Shahid Hamid, amicus curie, while submitting his formulations contended that “Section 14(1) of the Pakistan Citizenship Act 1951 prescribes that a citizen of Pakistan shall lose his citizenship if he becomes a citizen of any other country. However, section 14(3) creates an exception from this general prohibition in case of citizens who are citizens of the United Kingdom or its colonies or such other country as may be notified by the federal government. The number of countries with whom dual citizenship is permissible is 19.”

Shahid Hamid told the court that a person, who is not a citizen of Pakistan, is a foreigner. “Para 10 of the Foreigners Order 1951 made under powers conferred by the Foreigners Act 1946 prescribes that no foreigner shall be employed in an undertaking for the supply of light, petroleum, power or water or any other undertaking notified by the government except with the permission of the civil authority notified by the government,” he said.

He submitted that with regard to the matter of employment in government service, whether federal or provincial, there is no difference between persons who are not Pakistani citizens and those who are not Pakistani citizens but have a Pakistan origin. However, he said, a non-citizen, who has Pakistan origin, may obtain a Pakistan origin card as per provisions of the National Database and Registration Authority Ordinance 2000 and avail the facilities/privileges allowed to such card-holders. With regard to all non-citizens it is proposed that the provisions relating to ban on employment of non-citizens should be extended to all the statutory bodies and companies owned and controlled by the federal and provincial governments especially those bodies/companies dealing with subjects covered by the Foreigners Order 1951.

He submitted that the federal and provincial governments should, preferably in conjunction with each other, develop criteria and standard operating procedures regarding employment of non-citizens where relaxation from the general prohibition is deemed necessary in the public interest. He said the employment of non-citizens should be subject to approval of the respective cabinets. He further submitted that the federal and provincial governments should formulate negative list(s) of posts where foreign nationals shall not be employed for reasons of national security and other vital national interests.

Similarly, he submitted that the federal and provincial governments should place before Parliament and the provincial assemblies at the end of each financial year a list of non-citizens employed in various posts inclusive of posts in statutory bodies and public companies owned and controlled by the respective governments. List(s) of employees who are dual nationals and/or married to dual nationals, and the posts held by them should also be shared with legislatures.

Regarding government servants whose spouses have nationality other than that of Pakistan i.e. who are foreigners, the respective governments may consider amendment of the rule imposing blanket ban on such marriages by providing relaxation of this rule if the marriage is contracted with the prior approval of the respective governments. Meanwhile, the court reserved the judgment in the case.