Bar on dual
nationals
In a suo motu
case regarding dual nationals in government employment and among members of the
judiciary, the Supreme Court (SC) had sought reports from the registrars of the
SC and high courts and the federal and provincial government departments about
persons in BPS-17 and above who answered to this description. It had also
constituted a committee comprising the heads of the relevant investigative and
administrative departments to look into the matter. According to the findings,
there are currently 1,116 persons with dual and foreign nationality in
government service while 1,249 government officials have foreign spouses. An SC
bench headed by Chief Justice of Pakistan Mian Saqib Nisar has spelt out in
detail the proper course. The SC has declared that dual nationals cannot retain
important government positions and would have to choose between the job and
foreign citizenship. It has ordered the federal and provincial governments to
develop criteria and Standard Operating Procedures (SOPs) requiring disclosure
of intent to seek foreign nationality and permanent residence (which is often
the first step towards acquiring foreign citizenship) and adopt methods to
check such cases while enforcing penalties for non-disclosure. Such criteria
and SOPs could either be incorporated into the existing efficiency and discipline
rules or adopted independently. The SC wants parliament to consider formulating
negative lists of posts within government service from which citizens holding
dual nationality or whose spouses are dual nationals should be barred for
reasons of safeguarding national security or national interest, except with the
express permission of the respective federal or provincial cabinets. Similar
rules should apply to top decision making posts within autonomous/semi-autonomous
statutory bodies, organisations and companies owned, controlled or governed by
the federal or provincial governments. The list of persons with dual
nationality should be placed before parliament and the provincial Assemblies at
the end of each financial year. As far as the employment of non-citizens in
government service is concerned, the federal and provincial governments should
similarly develop criteria and SOPs where relaxation of the general prohibition
is deemed necessary in the public interest, and this too should be subject to
the approval of the respective cabinets. Turning to the employment of
ex-government servants with foreign governments or agencies, which is blocked
by the Ex-Government Servants (Employment with Foreign Governments) (Prohibition)
Act 1966, the SC said the federal government should be required to submit
annual reports to parliament regarding its enforcement. In this regard the
court took notice of the lack of a proper cabinet nod to retired General Raheel
Sharif’s taking command of the Saudi-led military alliance and ordered that
unless such an NOC was obtained within one month, his employment would cease
forthwith. The court accepted a certificate by retired Lieutenant General Ahmed
Shuja Pasha that he had not obtained any employment abroad. The court’s verdict
said some government officials acquire foreign nationality during service in
order to securely dispatch ill-gotten gains and relocate their families. They
deserve no leniency and should be asked to rescind their foreign nationality or
resign. The armed forces, the SC said, barred dual nationals from being
recruited but the defence secretary was asked to ascertain nevertheless whether
any such individuals had been inducted on the basis of mis-declaration,
concealment or non-disclosure and requisite action be taken.
The concept
underlying the SC’s judgement is concern regarding sensitive information or
national security being compromised because of divided loyalties. Needless to
say, there are numerous instances in our past where top government servants
(including some infamous armed forces top commanders) have taken the route
described by the SC for the reasons outlined in the judgement. It goes without saying
that where national security and sensitive information is concerned, there
cannot be any compromise. The court did go out if its way to say that the
verdict should not be construed as putting dual nationals or foreigners of
Pakistani origin in a bad light. Many of them have shown exemplary loyalty to
their original country. It is just that the SC has tendered sound advice on
safeguarding the state’s secrets and ensuring transparency and that a rules-regulated
regime be put in place through legislation by parliament. It is now for the
federal and provincial governments to put their heads together and find the
best way forward to implement the SC’s verdict.
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