SC issues notice to PM Khan in petition seeking Zulfi Bukhari's disqualification

Haseeb Bhatti Published November 12, 2018

Prime Minister's Special Assistant on Overseas Pakistanis and Human Resource Development Zulfi Bukhari. — APP

The Supreme Court on Monday accepted a petition seeking the disqualification of Zulfi Bukhari, the prime minister's special assistant on overseas Pakistanis and human resource development.

Petitioners Muhammad Adil Chattha from Lahore and Mirza Abdul Moiz Baig from Karachi made Prime Minister Imran Khan a party in their petition. While fixing the case for hearing on Nov 16, Chief Justice of Pakistan (CJP) Mian Saqib Nisar asked what portfolio Bukhari holds.

Upon being told that he is Prime Minister Imran Khan's special assistant, the chief justice asked Bukhari's lawyer: "Tell me if an ordinary citizen can become a minister despite possessing dual nationality?"

"When a dual national cannot become a member of the assembly, one can also not become a minister," the chief justice added.

During the debate, the chief justice asked the petitioner's lawyer if he had based his application on Article 63(1)(c), which pertains to factors that may disqualify a person from being elected or chosen as, or from being, a member of Parliament.

The lawyer maintained that "a rule which cannot be circumvented directly also cannot be circumvented indirectly". According to the government's stance, he said, even Jahangir Tareen could be appointed to a position in a ministry.

Justice Ijazul Ahsan pointed out that no court has given a verdict against Bukhari as yet, while the CJP observed that there are no qualifications mentioned for a special assistant in the Constitution.

The court issued notices to PM Khan, Bukhari and the secretary of the Cabinet Division.

When Bukhari was first appointed special assistant to the PM, questions were raised by members of the opposition regarding his dual nationality.

It is also pertinent to mention that the PM's special assistant is facing an inquiry by the National Accountability Bureau for allegedly owning offshore companies in British Virgin Islands and assets beyond his known sources of income.

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sara

Nov 12, 2018 11:25am

A good move by the SC. Dual nationals should not be allowed any office in the government.

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haider shaikh

Nov 12, 2018 11:28am

This is the gross example of appeasement of cronies. This was not expected from IK. But he has proved that he is a politician not a leader.

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Sonya

Nov 12, 2018 11:35am

Remove Bukhari - a Project of Bahria Town

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Iqbal

Nov 12, 2018 11:37am

Throw him out. clean our country.

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SHAHID SATTAR

Nov 12, 2018 11:38am

The impunity with which those who gain power rule the country without any regards to follow the norms and ethics required of them continue to amaze one.

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sajed

Nov 12, 2018 11:52am

Mr. Khan Imran is getting the taste of his own medicine. He must be learning the cruel fact, how difficult it is to rule Pakistan.

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sam

Nov 12, 2018 11:59am

@haider shaikh, Overseas Pakistani problem will only be addressed by an overseas Pakistani because he knew what an overseas Pakistani want. (Either Zulfi or someoone else)

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Nov 12, 2018 12:02pm

By the time appointment was made, Imran Khan was already aware of his dual nationality, in spite of he nominated him to this post, he should had withdraw his foreign nationally before accepting the offer. There are so many elite Pakistanis who had been keeping dual nationality before joining Public offices (like Punjab Governor, Sindh CM) -- once they complete their tenure, they will apply again for their Canadian/British citizenship!. This has become a normal routine for several prominent politicians.

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SHAHID LATIF

Nov 12, 2018 12:03pm

Was Moeen Qureshi a dual national when he became Prime Minister of Pakistan?

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GHULAM

Nov 12, 2018 12:07pm

Shaukat Aziz was an American passport holder when he became the Prime Minister. No doubt there are many others.

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G.man

Nov 12, 2018 12:11pm

Supreme court took a notice, Thank you for that. But why he was given that position in 1st place? Is IK not aware of the Law or he simply doesn't care?

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fairplay

Nov 12, 2018 12:12pm

@sara, agree. he will be disqualified shortly.

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fairplay

Nov 12, 2018 12:13pm

@sajed, this about a misguided appointment, not ruling the country.

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Ali Vaqar Awan

Nov 12, 2018 12:17pm

When constitution does allow it so why dual nationals are allowed to contest elections. Seriously, our constitution has become a joke. Even many who over look constitution of Pakistan are getting away then why Zulfi is alone made a scape goat. Those who are involved should be punished.

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Anti-Corruption_Pakistani

Nov 12, 2018 12:28pm

Poor Zulfi, trapped in a no man's land and has become part of a dirty politics!

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Najum

Nov 12, 2018 12:36pm

Any person born and raised in Pakistan regardless of the current nationality should be allowed to hold public offices.

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Suleman

Nov 12, 2018 12:43pm

Dual nationals cannot hold any position. Their loyalty is divided and most of them employment in Pakistan to build a nest for themselves and their children outside the country - mostly in the west.

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Danish

Nov 12, 2018 12:46pm

Why SC after Zulfi? He is most honest person and most trustworthy mate of IK. He is very loyal to Pakistan he cancelled his British passport for sake of Gov. Post even he bought his assets from UK for Pakistan . When his Gov will finish he will go back to his parents country with bag and baggage and claim his British citizenship . Why worry.

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Amir

Nov 12, 2018 12:55pm

Anyone who is born in Pakistan should be allowed to hold any office regardless of his/her current nationality. We need to encourage overseas Pakistan to come and invest in this country, also work for betterment of this country. If country need their money - foreign exchange then they should also be allowed to work also.

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ABE

Nov 12, 2018 01:11pm

Dual nationals should never be allowed to hold any government post. Their loyalty and decision-making will always be clouded by which Passport they hold more dear. That is a simple truth! If they had been true patriot to begin with and wanted to stay and work hard to make the country better - instead of emigrating to the UK, Canada or elsewhere. The answer is obvious, in the end, their new passport will be more important to them.

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FAIQUE ALI JAGIRANI

Nov 12, 2018 01:13pm

As long as loyalty of the state is concerned it is clearly stated in Article 5 of constitution of Pakistan 1973 " Loyalty to State and Obedience to Constitution and Law. , But when our citizen opt for Dual citizenship, does it not compromise our loyalty when they take oath for citizenship in other country and amendment in 1972 for sub section of (3) in Section 14 of citizenship Act 1951 for Dual citizenship is illegal as it unconstitutional under 1973, constitution 1973. I filed constitution petition in Sindh High Court and Hearing is fixed on 14 Nov 2018 to declare all dual national of 19 countries where Pakistan has agreement and other countries where there is no agreement such as Germany, Spain, South Africa. Lets see what court decides over this issues.

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ARIF UR RAHMAN

Nov 12, 2018 01:21pm

Throw him out.

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What about me

Nov 12, 2018 01:24pm

Zulfi has too many secrets of Imran not to be in a position of Advisor.

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haris

Nov 12, 2018 01:36pm

Has he become a minister? to my knowledge assistants and advisers could be from any nationality, set aside being a Pakistani citizen or not.

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Jalbani Baloch

Nov 12, 2018 01:58pm

SC must limit its authority and allow the Government to focus on its job, as Mr. Khan is considered an icon of hope and prosperity in the country. He needs to concentrate his full attention and energies for uplifting the country to the new horizons of economic evolution that will better shape the lives of the people of Pakistan.

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Rizwan

Nov 12, 2018 02:18pm

@sam, by opting to go overseas and adopting nationality of a foreign country, what right are you left with to have any say in the running of your former country. Till the time you are in your newly adopted country you should not have anything to do with the governing of your former country or holding any office of any kind be it for profit or no profit. You can send money to your relatives, make charitable contributions only, buy property, travel to and fro without visa, get kids admitted for edcation etc. There should be a total bar on takng part in politics at any level or holding of any office in Government at any level and in any capacity while your 2nd country citizenship/passport is either active or can be activated or reactivated in future.

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Syed

Nov 12, 2018 02:21pm

Close friends in all the top positions. So much for Naya Pakistan.

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nadeem

Nov 12, 2018 03:18pm

a law is law as imran himself wants law to be implemented.so he must accept it

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Champu

Nov 12, 2018 03:39pm

Zulfi is involved in taxation fraud on UK. He is among those who are on Panama Papers list.

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Dr Mahmood Ahmad

Nov 12, 2018 03:56pm

I am a dual citizen, I can be an asset for Pakistan in terms of my intellect and money. If Pakistan disown's us, then refuse our money too. How can a court determines anyone's loyalty in their hearts towards their motherland?

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Abdul Rahman Jan

Nov 12, 2018 04:41pm

Constitutionally and legally, the position is very clear indeed-- anyone who wishes to hold any public office in Pakistan must first of all relinquish any foreign nationality and only have Pakistani nationality. No two ways about it. SC must judge on this basis.

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Rizwan

Nov 12, 2018 05:21pm

@Dr Mahmood Ahmad, what you are offering to Pakistan is more like a transactional/business relationship of product/service in exchange of financial gratification which can not and must not extend beyond to taking part in country politics. If u are interested in serving the country than decide which country you want to adop then serve it whole heartedly and offer your services in a fashion that borders blackmailing. Secondly you are sending money to your loved onesnot for the love of country.

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Amir

Nov 12, 2018 05:51pm

@Dr Mahmood Ahmad, yes i totally agree. If they need foreign exchange from overseas/dual national , they need to give them respect rights and jobs like any a Pakistan citizens.

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Amir

Nov 12, 2018 05:54pm

@Rizwan, you are very wrong. Show respect for overseas/dual citizens. They help this country by their money and expertise.

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Nawaz

Nov 12, 2018 07:19pm

Whilst I have different views on dual nationality and think dual nationals should be allowed to hold public offices depending on their links with the motherland, Mr Bukhari does not have a leg to stand in this case. Illogical argument has been put forward by Mr Bukhari's lawyer. Common sense lives in law and Supreme court is there to interpret the constitution. Common sense prevails over common law in English courts. The question is whether Mr Bukhari's appointment was fair and on merit? As PTI stands for 'Tahreke Insaf (justice movement), so people of Pakistan expect justice from the party high ups and officials of their govt at every step of decision making.

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Yusuf

Nov 12, 2018 07:33pm

@SHAHID LATIF, Yes, if not an American citizen, with a lapsed (or no) Pakistani ID card on arrival!

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Dr Mahmood

Nov 12, 2018 11:01pm

@Rizwan, the brain drain of Pakistan will continue if the law disowns dual citizens. If you do not want us, refuse foreign exchange from us whether it is for loved ones or the dam. Revoke our Pakistani citizenships like India does. Make it difficult for us to come back. Refuse our overseas votes. When we hold a public office for a Pakistani post, we are loyal to the Pakistani post. When we hold office in an overseas public post we are loyal to that post. We are not holding both public posts simultaneously where loyalty would be a question. I am not defending any particular person. I am saying that revoke our passports, Pakistan Origin Cards, National ID Cards for Overseas Pakistanis so we cannot inherit or buy land. Anyone who wants to visit should go through the tedious process of getting visit visas which will decrease our travel and the livelihood of everyone in that economy chain.

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Nov 12, 2018 11:52pm

Well done. I bet overseas Pakistani don't know who this person is!

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bhaRAT©

Nov 13, 2018 12:46am

@Champu, If "Zulfi is involved in taxation fraud on UK", do you think they will let him off and not prosecute him?

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MONIER

Nov 13, 2018 03:16am

At the end of the day SC should find out what impact his position has on the direct security of the country in his present position. I do not hold people from serving in Pakistan as long as they are appointed into a position based on whether the position is sensitive to the security of the country or the level of security and engagement is limited to serving the nation for civilian causes and benefits. Certainly I will think twice and oppose if a dual national was awarded a sensitive position that would directly involve security of the nation such as a military position that requires important decisions of national defense of the homeland. Just remember we had an Ambassador in the US during last PPP tenure who was working against the interests of Pakistan. That should not be allowed to happen again.

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fairplay

Nov 13, 2018 04:50am

@sam, but not necessary to.be a foreign national. and the law states no dual national, then follow it. Or, make a change through proper processes, PTI.

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fairplay

Nov 13, 2018 04:51am

@GHULAM, yes, but that was a mistake, and against the law.

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fairplay

Nov 13, 2018 04:52am

@AK, not if they revoke it.

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fairplay

Nov 13, 2018 04:54am

@FAIQUE ALI JAGIRANI, thank you.

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fairplay

Nov 13, 2018 04:57am

@Amir, just follow the laws in place.

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Malik

Nov 13, 2018 06:12am

If Zulfi is corrupt then he should be removed. But it makes sense to appoint someone as an advisor for overseas Pkaistani affairs, who has dual nationality. How can a person be an advisor of overseas Pakistani when he mostly lives in Pakistan. An exemption to the rule should be made for this portfolio.

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Sameer

Nov 13, 2018 08:08am

I voted for this gov. Zulfi needs to give up dual nationality and The air marshal needs to retire before continuing.

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