April 2, 2006	Sunday	Rabi-ul-Awwal 3, 1427

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ISLAMABAD, April 1: The Supreme Court was moved here on Saturday through a private petition to declare a law that bars government employees to marry foreigners as repugnant to Islam as well as contrary to the Constitution.

Filed under original jurisdiction of the apex court on fundamental rights, Advocate Zulfikar Ahmed Bhutta pleaded that the West Pakistan Government Servants (Restriction on Marriage with Foreign Nationals) Rules 1963 should be declared against the provisions of Islam and militated against Article 31, 33, 35 and 40 of the Constitution.

West Pakistan Government Servants (Restriction on Marriage with Foreign Nationals) 1963 defines matrimonial relationship of a government employee with a foreign national as misconduct on part of the employee for which he can be removed from public service.

However, a public servant can marry a foreigner from India after seeking prior permission from the government. The Esta Code, which governs the affairs of the government employees, also contain similar provisions.

In his petition, Advocate Bhutta also cited “Surah Almaidah” from the Holy Quran wherein the religion has allowed Muslims to marry foreigners, who belongs to “Ahl-Kitab” (followers of divine holy books).

Such a bar is also discriminatory in nature and against the fundamental rights as enshrined in the Constitution especially in view of the tremendous services rendered by these foreign nationals when they responded positively to help ameliorate the sufferings of the affected people of October 8 earthquake, he contended.

People from different countries especially the United States, Britain and other European countries flocked in a large number to provide much needed medical attention and rehabilitate quake victims, he stated.

Repeal of such a law will also help in projecting a soft image of Pakistan for which President Gen Pervez Musharraf is clamouring for the last many years.