A view of the Senate in session.—File Photo

ISLAMABAD: Not satisfied with the answer received from the Supreme Court to the question whether any judge in the superior judiciary held dual nationality, the senators on Tuesday called for a parliamentary debate on the issue within three days.

After getting permission from Senate Chairman Nayyar Bokhari, PPP’s Farhatullah Babar and party’s legal wizard Chaudhry Aitzaz Ahsan immediately moved a motion to discuss the matter regarding the dual nationality of the judges.

Meanwhile, the government for the third time failed to put to vote the controversial constitution amendment bill seeking creation of new Bahawalpur Janoobi Punjab due to lack of numbers. Opposition Leader Ishaq Dar protested over the government’s move to seek deferment of the bill, and demanded that it should be put for voting regardless of its outcome.

Another highlight of the day’s proceedings was the walkout by PPP stalwart Raza Rabbani after a verbal clash with the chairman when the latter stopped him from delivering a speech on a call attention notice which he had moved regarding grant of permission to the US Army Corps of Engineers to build a tactical command and operations centre compound at the Karachi airport.

The Senate also passed the Anti-Terrorism (Amendment) Act 2013, seeking improvement in the regime for freezing, seizure and forfeiture of property used for terrorism by terrorists and terrorists’ organisations. The bill had already been passed by the National Assembly last month.

JUDGES ISSUE: The issue of the judges’ dual nationality arose out of a reply given to the question asked twice by Farhatullah Babar, first in December last and again in February, whether there were any judges in the superior courts who were dual nationals and their names, if any.

Law Minister Farooq H. Naek informed the house that the Supreme Court had repeated its earlier reply that neither the Constitution nor the Code of Conduct prescribed for the judges prevented a dual national from becoming a judge of the superior courts.

The minister stated that only the Federal Shariat Court (FSC) had come out with a reply saying that neither the CJ nor any judge of the court held dual nationality.

Taking exception to the reply, Mr Babar, who is also the spokesman for President Asif Ali Zardari, said it was important that a categorical assurance be given that no judge in the superior judiciary had dual nationality regardless of whether the Constitution permitted it or not.

“Our honourable judges are all-wise and all-knowing and I cannot believe that twice the SC misunderstood a straightforward and simple question,” he said, wondering aloud as to why an “evasive reply” had been given.

Referring to some remarks of the judges during the hearing of the petition filed by Dr Tahirul Qadri, Mr Babar said he did not believe that any judge had taken oath of allegiance to the Constitution and monarch of any foreign country but the given reply had created doubts that needed to be dispelled for the sake of the majesty of law and the prestige of the judges.

Mr Babar said the issue was important because in the case of Dr Qadri it was held that there might be a conflict between the oath of allegiance to Canada and that of the Constitution of Pakistan. “I cannot imagine that there are judges who may have sworn allegiance to the monarchs and constitutions of other states and were torn between divided loyalties and yet could exercise powers like sacking an elected prime minister, overturning the ruling of the speaker and calling for the record of parliamentary proceedings,” he added.

Mr Ahsan said a judge declared at the time of taking oath that he would not allow his “personal interest to influence” his/her official conduct or decisions. He said a person always acquired dual nationality only because of personal interest.

The PPP leader said the SC’s decision to reject Dr Qadri’s petition only because of having dual nationality was not correct.

Former law minister Babar Awan said that every citizen of the country had the right to information and such details should come before the nation.

PPP’s Saeed Ghani criticised the registrar of the SC, saying that earlier he had refused to appear before the Public Accounts Committee of the National Assembly. He said that if the FSC could give a reply then why not the SC and high courts.

The house was also informed through a written reply that the SC had taken 86 suo motu actions during the last five years and 33 of them were still pending.

WALKOUT: The Senate witnessed a heated exchange of arguments between chairman Nayyar Bokhari and PPP’s Raza Rabbani when the latter rejected the reply given by the law minister regarding the reported deal between Pakistan and the US for construction of a tactical command and operations centre by the US Army at the Karachi airport.

Mr Naek’s reply that the government had taken no decision regarding construction of tactical command and operation centre infuriated Mr Rabbani who termed the minister’s response contradictory to the official statement issued by the US government in this regard.

Mr Rabbani, who is the head of the Parliamentary Committee on National Security, said the US statement which was also available on a website claimed that the expression of interest and tenders had already been called for the project.

Mr Rabbani asked that if the purpose of the project was to check smuggling of drugs and narcotics then why the US army had been involved in it instead of the concerned US department.

An angry Rabbani left the house in protest when the chairman interrupted and directed him not to exploit the rules and ask a question instead of making a comment.

“You can’t stifle me. There is a contradiction in the minister’s statement. He is giving a false reply,” Mr Rabbani said.

“Don’t accuse the chair. Don’t quarrel with the chair,” Mr Bokhari warned Mr Rabbani who angrily left the house, shouting: “You are stifling me.”

Earlier, the ANP senators staged a token walkout over the incidents of kidnapping in Balochistan.

The Senate will meet again on Wednesday afternoon.

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