AS a Pakistani national by birth, I have acquired a secondary citizenship from the United Kingdom as permitted by section 14(3) of the Pakistan Citizenship Act 1951. Pakistan allows its nationals to acquire secondary citizenship from 17 other nation-states, as listed on the website: www.dgip.gov.pk/files/immigrants.aspx.

The dual nationality was not permitted under section 14(1). By the insertion of section 14(3) in 1972, dual citizenship became permissible to Pakistan nationals. The constitution of 1956 or 1962 did not allow any person to become a member of the National Assembly by following an article in the constitution, which states as: “he ceases to be a citizen of Pakistan or acquires citizenship of a foreign state.”

However, following the insertion of section 14(3) in the Pakistan Citizenship Act 1951 in 1972, dual citizenship became permissible — making section 14(1) inapplicable. Hence the 1973 constitution also amended the disqualifying article 63(1)(C) as follows:

“They cease to be citizens of Pakistan, or acquire a citizenship of a foreign state;” or by inserting a comma (,) after Pakistan and before or , the legislators made room for permissible dual citizens of section 14(3), to become representatives as equal citizens without discrimination, maintaining their fundamental rights as citizens of Pakistan!

However, a judgement of the Supreme Court of Pakistan (Syed Mahmood Akhtar Naqvi vs Federation of Pakistan: petition No. 05/2012); has excluded permitted dual citizens from representation at all tiers of the government. That this is not only unlawful but also un-Islamic.

The democratic setup is undermined by the exclusion of loyal citizens of Pakistan. So, the judgement passed in petition 05/2012 needs to be reviewed by the Supreme Court of Pakistan.

Asghar Ali Chappar

UK

Published in Dawn, August 24th, 2017