Supreme Court of Pakistan’s Order regarding Dual Nationality

Islamabad, March 08, 2018 (PPI-OT): Pursuant to our order, Mr. Muhammad Sarwar, Ms. Nuzhat Sadiq, Ms. Sadia Abbasi have put in appearance. Mr. Abdul Shakoor Parecha, learned ASC represents Ms. Nuzhat Sadiq. A request for adjournment has been made on behalf of Mr. Haroon Akhtar Khan that he is represented by Mr. Ali Zafar, ASC, who is in Islamabad and will appear on the next date of hearing. Photocopies of certain documents have been placed on record on behalf of Mr. Muhammad Sarwar, Ms. Nuzhat Sadiq and Ms. Sadia Abbasi to establish that though they were citizens of U.K. /U.S.A. they had they had surrendered/relinquished such citizenship before contesting the present election to the Senate.

Mr. Muhammad Sarwar has stated that he relinquished his U.K citizenship before becoming the Governor of Punjab. Ms. Nuzhat Sadiq states that she renounced her U.S.A. citizenship in 2012 and has all necessary documents issued by the US Consulate as well as the US State Department.

After hearing Mr. Abdul Shakoor Paracha, learned ASC and Mr. Muhammad Sarwar, in-person, we find that the matter requires interpretation of the UK and us Laws dealing with grant of citizenship and its surrender / renunciation. We therefore appoint Mr. Bilal Minto, learned ASC from Lahore and Mr. Khalid Jawed Khan, learned ASC from Karachi as amicus curiae to assist the Court on the question whether the renunciation/surrender of the foreign citizenship claimed by the persons named above is of a permanent and irrevocable nature under the laws of the relevant jurisdictions. In this context the ratio of judgments of this Court reported as Mehmood Akhtar Naqvi vs. Federation of Pakistan (PLD 2012 SC 1089) and Zahid Iqbal vs. Muhammad Adnan (2016 SCMR 430) shall also be examined by the amicus curiae.

All the above candidates are required to submit their sword affidavits/undertakings that they have permanently and irrevocably renounced and surrendered their foreign nationality. They shall submit authenticated and duly certificated copies of documents which may support and substantiate their respective claims. Re-list this matter on 10.03.2018 at Lahore.

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Supreme Court of Pakistan
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