SC orders Qadri to submit details of Canadian nationality

Society Pakistan & World Affairs
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The hearing of Qadri’s petition began today, and instead of discussing the case the Supreme Court has started discussing Qadri’s citizenship and establishing whether dual nationals can be loyal to the country or not, strange remarks indeed! Pakistani law allows its citizens to hold dual nationality. They are only barred from holding public office. They can vote, so as a voter cant a person question the composition of the Election Commission?

SC orders Qadri to submit details of Canadian nationality | Pakistan | DAWN.COM

**“After acquiring citizenship, one has to take an oath of allegiance. With all due respect, you are violating this oath,” remarked the chief justice. “How can somebody who takes an oath of allegiance to another country be loyal to Pakistan?”
**
The bench ordered Qadri to submit in court documents pertaining to his Canadian nationality, and adjourned further hearing to Tuesday.

Speaking to reporters later outside the SC, Qadri said that the Pakistani constitution allows voters to hold dual nationality.

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Re: SC orders Qadri to submit details of Canadian nationality

Disappointed to see the CJ raising irrevlevant issues.

One doesn't need to be a supporter of TuQ to note that dual citizens are still citizens of Pak and have a right to petition the courts.

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Re: SC orders Qadri to submit details of Canadian nationality

While in other news: Persons holding only Pakistani nationality have been found to be extremely loyal to the country.

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Re: SC orders Qadri to submit details of Canadian nationality

Weird. Makes you wonder if this this PML-N talking in the background.

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Re: SC orders Qadri to submit details of Canadian nationality

Absolutely you can question an issue of the commission. However are your questions and intent inherently beneficial to the state of Pakistan can and should be called into question as well. One does not preclude the other.

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Re: SC orders Qadri to submit details of Canadian nationality

Where was CJ when this dual-citizen was on streets 'protesting'? That is when dual-citizenship should've been questioned IMO.

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Re: SC orders Qadri to submit details of Canadian nationality

This is not irrelevant issue

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Re: SC orders Qadri to submit details of Canadian nationality

I can understand that large majority of ordinary Pakistani voters, crook politicians, many TV anchors, sold journalists, and internet army of full-time propaganda machine have little intelligence to think (other than interest of their political Gods), but then, looking at higher judiciary in same category is really saddening.

Tahir-ul-Qadri has dual nationality but how can that effect his Pakistani Nationality or is concerning to Judges of Supreme Court?

Pakistani nationality of Tahir-ul-Qadri is his nationality of 'birth and descent' that no one gave him and he has not even renounced that nationality, so how can he be any different from other Pakistanis who have or not have dual nationality?

Actually, if Canada would have imposed restriction on dual nationals also holding (as they did not renounced) their ‘nationality of birth and descent’ is understandable, but country of ‘birth and descent’ could not and should not even think of treating people differently on basis that the person has also acquired another nationality (without denouncing his 'birth and descent' nationality).

In my opinion, even to disallow dual nationals from contesting election, holding parliamentary seats, holding ministries, or holding any level of government jobs, is not only unfair and discriminating, but unjustified in every respect.

Reason is simple, that is: Nationality of birth and descent is not given by government but other type of nationalities (naturalisation, registration, etc) are given by government, so government could have right to restrict the usage. But then, it seems Pakistanis, including some Pakistani judges think they are thekadar of Pakistan.

These thugs could not see that there are Pakistani traitors who rob the country and take money out of Pakistan (like Zardari and Nawaz) are ruling the country, whereas these same thugs want to victimise people who are earning their living honestly, home or abroad.

For those who are slaves of Nawaz and Zardari and criticizing Tahir-ul-Qadri dual nationality: If Tahir-ul-Qadri is any different than other Pakistanis than what about many thug politicians and their children who spent most of their lives abroad (on Pakistani looted money) like Shareef family (Shahbaz and Nawaz) and their children, Bhutto family and all their children (including son and daughters of Zardari). What about Sanam Bhutto, Hasan Nawaz and probably Bilawal Bhutto (and other children of Zardari) who also have dual nationality? I know these kids have grown on haram money and are born corrupt and untrustworthy, but are they any lesser Pakistani too?

[As for Imran, all his kids and future generation have their interest outside Pakistan, so they have no morality to even talk about Tahir-Qadri dual nationality].

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Re: SC orders Qadri to submit details of Canadian nationality

I thought you were a great admirer of CJ. You did not agree with Khoji when he said exactly the same thing.:)

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Re: SC orders Qadri to submit details of Canadian nationality

He even far away from common sense wondering how much he knowledge of law.

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Re: SC orders Qadri to submit details of Canadian nationality

The CJ has his faults, and I have called him out on many occasions, even on Zardari's swiss letter issue....not because Zardari is innocent, but because it was a dead end and needless. However, I do respect him as he is the CJ, and he has brought about a major change in the way justice is imparted in Pakistan. He has done a lot to separate the judiciary from the government. But at the same time, I dont want the judiciary aligning itself with some other political entity under the table.

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Re: SC orders Qadri to submit details of Canadian nationality

Is Iftikhar Chaudhary complete idiot?

Iftikhar Chaudhary (in TUQ case) made a remark: Dusray mulk ka shahree Pakistan kay mamlay may kaisay dakhal day sakta hay?

Iftikhar chaudhary is supposed to know constitution and laws. But this idiot do not know that TUQ have dual nationality, or that TUQ has Pakistani Nationality as well as nationality of another country (Canadian Nationality), and that means, as far as Pakistan is concerned, TUQ is National of Pakistan (Just like as far as Canada is concerned, TUQ is national of Canada). TUQ did not renounced his Pakistani nationality that anyone could question him regarding him being Pakistani national in any respect, and only a retard (Ifitkhar Chaudhary) would question his Pakistani nationality.

Pakistani constitution as well as Canadian laws, both allows a person to hold dual nationality, so there is no problem there, and thus no question arises on Tahir-ul-Qadri holding Pakistani nationality.

TUQ can vote in Pakistan (just like he can vote in Canada) and thus should be concerned about who ever is allowed to contest election in Pakistan complies with Pakistani constitution or not. TUQ has every right to see that whoever reaches Pakistani parliament should qualify according to Pakistani constitution, as being citizen of Pakistan, Pakistani constitution is constitution of his country too.

As far as Pakistani citizenship and right over Pakistan is concerned, Iftikhar Chaudhary and Tahir-ul-Qadri are both equals in every respect, and thus Iftikhar Chaudhary the idiot has no right to even mention (leave questioning) that Tahur-ul-Qadri is citizen of another country interfering with Pakistan internal affairs.

I think, TUQ should sue ‘Iftikhar the idiot’ for humiliating him by saying that he (TUQ) is ‘Dusray mulk ka shahree’ interfering in Pakistan internal affairs. [If I was in place of TUQ, I would have objected (and protested) in court on remarks that Idiot Ifttikhar made considering him ‘dusray mulk ka sharee’]

[Actually, every Parliamentarian of Pakistan who also hold dual nationality, and got disqualified because of their dual-nationality, should go to court against such disqualification, claiming that such so-called constitutional disqualification infringes their equal right as citizen of Pakistan, and thus is discriminatory law so should be declared illegal and struck out of constitution]

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Re: SC orders Qadri to submit details of Canadian nationality

I don't know when his supporters are going to realize that this CJ is vengeful, power hungry and considers himself above the law. He is setting some terrible precedents that will come to haunt Pakistan in the future.

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Re: SC orders Qadri to submit details of Canadian nationality

^ Saleem Bhai the parliamentarians got disqualified due to the law of the land. At the moment dual nationality holders can't become member of parliament. The parliament can rectify this issue if they want to.

As far as the topic of this thread is concerned, that doesn't make sense. Dual nationals if they have not forgone their nationality are as much Pakistani as others. The government and others are willing to rip the overseas Pakistanis where ever they can, and then cast doubt about their patriotism. The issue is simple either consider dual nationals to be equal stake holders of the country or end the provision of dual nationality so that people can renounce their Pakistani nationality.

Countries like China and India have developed by the coordination of Indian government and their expat diaspora, if Pakistan does not need the expats that's fine but they should change their laws to reflect that.

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Re: SC orders Qadri to submit details of Canadian nationality

Brother … actually, it is not constitution that disallow dual national to be members of Parliament, but it is retarded brain of Iftikhar Chaudhary and brain-dead judges of Supreme Court who are the problem.

Anyhow, let see the constitution and think (not the way retarded brain of Iftikhar and his empty-brain stooge judges in Supreme Court thinks, but think intelligently):

Fundamental rights that constitution gives to every citizen of Pakistan: All citizens of Pakistan are to be equal before law.

Article 25 of the constitution

Equality of citizens: All citizens are equal before law.

[TABLE]

25: Equality of citizens.
[TABLE]
[TR]
TD
All citizens are equal before law and are entitled to equal protection of law.

(2)
There shall be no discrimination on the basis of sex [SUP][15B][/SUP]
[li].[/li]

(3)
Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.

[/TD]
[/TR]

That means, no law can be made (or interpreted) that makes one citizen unequal to another in front of the law.

Anyhow, the way present Supreme Court brain-less judges under retarded Iftikhar Chaudhary interpreted constitution, they have made one citizen (those who hold dual nationality) unequal to other citizens (those who do not hold dual nationality) … and that is infringement of fundamental right that every Pakistani should have with respect to each other (guaranteed by constitution) … and it is due to this constitutional right given to every citizen, even parliament could not make any law that infringes this constitutional given right.

Now coming to dual national holding parliamentary seats:

According to constitution, those who would hold Parliamentary seats have to be citizen of Pakistan … and that means, dual national can hold Parliamentary seats, as they are citizen of Pakistan.

Article 62: Qualifications for membership of Majlis-e-Shoora (Parliament)

1: A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless:

A: He is citizen of Pakistan.

As dual Nationals are citizen of Pakistan, they qualify to become member of Parliament without any problem

But then retarded CJ Iftikhar Chaudhary and his stooges of brain-less judges in Supreme Court consider that dual national are not citizen of Pakistan … so they disqualified them.

Article 62 of the constitution (regarding ineligibility of Parliamentarians):
62. Qualifications for membership of Majlis-e-Shoora (Parliament).—(l) A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless*—
(a) he is a citizen of Pakistan;
(b) he is, in the case of the National Assembly, not less than twenty- five years of age and is enrolled as a voter in any -electoral roll in*—
(i) any part of Pakistan, for election to a general seat or a seat reserved for a non-Muslims; and
(ii) any area in a Province from which she seeks membership for election to a seat reserved for women.
(c) he is, in the case of the Senate, not less than thirty years of age and is enrolled as a voter in any area in a Province or, as the case may be, the Federal Capital or the Federally Administered Tribal Areas, from where he seeks membership;
(d) he is of good character and is not commonly known as one who violates Islamic Injunctions;
(e) he has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as well abstains from major sins;
(f) he is sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the contrary by a court of law; and
(g) he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan:

(2) The disqualifications specified in paragraphs (d) and (e) shall not apply to a person who is a non-Muslim, but such a person shall have good moral reputation.

Thus, only rectification in constitution needed is to ‘Enact a law’ that send retards even if they hold judges post in Supreme Court to mental hospital, that is all.

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Re: SC orders Qadri to submit details of Canadian nationality

http://sphotos-a.ak.fbcdn.net/hphotos-ak-prn1/534824_414962401929741_996956539_n.jpg

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Re: SC orders Qadri to submit details of Canadian nationality

You forgot to add Article 63,

[TABLE]

63.
Disqualifications for membership of Majlis-e-Shoora (Parliament):
[TABLE]
[TR]
TD
A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if:- [TABLE]
[TR]
TD
he is of unsound mind and has been so declared by a competent court; or

(b)
he is an undischarged insolvent; or

(c)
he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or

[/TD]
[/TR]

[/TD]
[/TR]

           (d) ................
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Re: SC orders Qadri to submit details of Canadian nationality

Krash: Brother, you are doing same mistake what Iftikhar Chaudhary and Supreme Court judges are doing. You should have read my post carefully.

You could not implement one part of constitution without taking into account other parts of constitution … something only a person who has no idea of complete constitution could do, not judges (and if judges do the same then they are mentally unstable and incapable for their duties).

In my post (first part), I put down what fundamental right constitution gives to each and every citizen of Pakistan. That is:

Article 25: All citizens of Pakistan are to be equal before law.

That means, all Pakistanis are equal regardless of they hold dual nationality of just Pakistani nationality. Not even Parliament can take away fundamental right from citizen what constitution gave to the citizen.

Now coming to another clause in constitution:

Article 62: Qualification for becoming Parliamentarian, a person should be Pakistani citizen.

There is no ‘Ifs’ and ‘Buts’. That means, dual nationals can contest election and can become members of Parliament.

I did not quote article 63 what you quoted because that article cannot disqualify Pakistani citizen (including dual national) from becoming Parliamentarian (as from Article 24 and 62).

Actually, Article 25 in itself was enough and Article 62 confirms that.

So, when Article 63 says that a person disqualifies from being Member of Parliament if that person ceases to be citizen of Pakistan or acquires the citizenship of a foreign state as mentioned below

Article 63:
[TABLE]

(c)
he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or

Then such clause has to go with Article 25 and Article 62, and that means, a person acquires citizenship of a foreign State only applies when the person also ceases to be citizen of Pakistan … what first sentence mentions.

Reason: Parliament cannot enact laws that infringes with fundamental right of a citizen of Pakistan, and thus Article 63 cannot be enacted without complying with what Article 25 says, that means when Article 63 says that ‘acquires the citizenship of a foreign state’ it has to mean that at the same time person loses citizenship of Pakistan (that happens when a person acquires citizenship of foreign state that do not allow dual nationality with Pakistan, or Pakistan do not allow dual nationality with that foreign state).

In other words, Article 63 cannot get enacted without complying with Article 25 (fundamental right of Pakistani citizen), but since Article 63 did got enacted, to get enacted (while complying with Article 25), it could only mean:

1: Person ceases to be citizen of Pakistan: Person denounces Pakistani citizenship.

2: Person acquires the citizenship of a foreign state: Takes up citizenship of a country that does not allow dual nationality with Pakistan nor Pakistan allows dual nationality with that country … as in this case denouncing citizenship of Pakistan is not even required, as the person when taking up nationality of such country, automatically ceases to be citizen of Pakistan.

**So, disqualification clause given in Article 63 do not apply on a person who is citizen of Pakistan and there is no need to even mention this Article when one is dealing with dual nationals who are citizen of Pakistan.

Example: **

1: A person took up Nationality of UK, Canada, or Australia and did not denounced Pakistani Nationality, then that person would still going to be Pakistani National (would get National Identity Card for Overseas Pakistani) and would/should get equal treatment as any Pakistani … and thus should be allowed to become Pakistani Parliamentarian as any other Pakistani (should have equal right that other Pakistanis have, as mentioned in Article 25).

2: On the other hand, that person (who took UK, Canada, or Australian nationality) can also apply for Pakistan origin card and that would mean the person has denounced his Pakistani nationality (is no more Pakistani National) and would be treated as foreign national (cease to be Pakistani citizen). Such person cannot become Parliamentarian as he ceases to be Pakistani (denounced Pakistani citizenship).

3: But if that person takes up Nationality of USA, Israel, or India than that person do not need to denounce Pakistani nationality still would be considered as non-Pakistani (would not get NICOP but would get POC to show his link with Pakistan). Such person cannot become Parliamentarian as he acquired nationality of another country and automatically lost his Pakistani Nationality.

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Re: SC orders Qadri to submit details of Canadian nationality

Yes, indeed. He has taken on role of the executive branch and making legislative/executive branches irrelevant.

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Re: SC orders Qadri to submit details of Canadian nationality

Is it not the truth . People who left their homeland in search of good life and opted some other nationality in search of better future and took the oath for some other country are not equivalent to the brave Pakistanis .
(By the way, can I get Canadian , British or US Nationality , Tell me some easy way)