The Supreme Court on Saturday directed the government to not appoint dual nationality holders on important positions, especially those related to the national security.
In a 52-page verdict authored by Chief Justice Mian Saqib Nisar, the top court directed the federal and provincial governments to set deadlines for civil servants with dual nationalities to either give up their job or the second nationality.
The court had reserved its verdict in the case pertaining to dual nationalities of government officers on September 24.
Announcing the judgment, the top has given certain proposals to the executive and the parliament regarding the appointment of dual nationality holders, including formulating negative list of posts within the government service to which citizens holding dual nationalities or whose spouses are dual nationals should not normally be appointed for reasons of safeguarding national security and vital national interest, except with the permission of the respective cabinets.
“We cannot lose sight of the fact that divided loyalty does not necessarily mean disloyalty to Pakistan. There are many dual nationals or even foreigners of Pakistani origin for that matter who possess great love and affection for Pakistan and express it in the form of foreign remittances or by working in Pakistan, etc. Nonetheless, a real concern as raised by the opponents of dual nationality is that of divided loyalties leading to potential national security risks,” the verdict reads.
“It is in light of both the advantages and disadvantages of dual nationality that leads us to consider the adoption of a balanced approach where certain important positions in government service and public offices where indeed complete and undivided loyalty to Pakistan is required ought to be restricted to those who are citizens of Pakistan only,” it continued.
“At the same time, keeping the door open for the Pakistani diaspora abroad who are an immense source of talent, skills, experience and competence, dual nationals and foreigners of Pakistani origin (and even non-Pakistani origin for that matter) ought to be allowed to work in various public and private sector entities in Pakistan such as health, education, etc. where they can share their wisdom, training, skills and learning and contribute to a better Pakistan,” it added.
“We would like to bring it on the record that the nation is proud of its overseas community. With this background in mind, we would like to emphasize that the instant matter in which information was sought about dual nationals holding important posts in the government is not directed against those patriotic overseas Pakistanis, rather it was an exercise prompted by the acts of those Pakistani government officials who acquired nationalities of other countries during their tenure without disclosing the same to the government, and have transferred the proceeds of their corruption abroad, and also relocated their families and themselves post-retirement while continuing to draw pension (themselves and their family members after their death) from the national exchequer,” it added.
Published in Daily Times, December 16th2018.
