Double Standards for Dual National


Double Standards for Dual National

Over the past year or so, issue of Dual Nationality has been in media’s limelight quite rather often. On a more recent note, the hearing for Dr. Tahir-Ul-Qadri’s petition in regards to the Election Commission Reconstitution which was dismissed, as Supreme Court felt that Dr. Qadri failed in providing the eligibility of his petition.

 

I am no legal expert, nor an expert of constitution and neither a supporter of Dr. Tahir-Ul-Qadri. But as a silent observer when I see such irregularity or behavior by an individual or state institution, it sends tingling sensation to my inner self. It seemed to be that this petition’s outcome was decided ahead of time, where as SCP did not focus on the legitimacy of the content of the petition, but rather to target and individual or his personality.

 

If I am correct, it is the same Supreme Court that accepted the petition of Showkat Sohail on the matter Memo-Gate Scandal, a Canadian Citizen. It is the same Supreme Court, set-up a tribunal and sent them overseas to questions Mansoor Ejaz, arguable the person-in-charge who helped plot the activity himself, Also it is the same Supreme Court that questioned MQM Chief Mr. Altaf Hussain, a Dual National as well and summoned him to appear in court.

 

But when a Dual National points our irregularities within the system, he is held questionable to his eligibility of filing the petition, rather than to focus on what the petition is all about. It needs no brainer to determine the concerns in regards to Election Commission, when almost all of the political parties have expressed their concerns with the current set-up.

 

I always heard and read that “all citizens are equal under the law”. But I guess the law did not specify, that Dual Nationals can only be held accountable if the situation provides motive or support to a party instigating in a case, rather than to an issue from which the entire nation can benefit. Dual National are obliged to full every request, every demand and every question put forth by state institutions, but they better keep their mouth taped shut, and eyes close when they see irregularities within our beloved Pakistan.

 

Why did Supreme Court not asked, Mansoor Ijaz or Showkat Sohail, to read aloud their citizenship oath, why only Dr. Qadri? This leads be to believe, if Imran Khan or Nawaz Sharif were to submit the same identical petition, would the response have been any different? I believe that these Double Standards must immediately end in order to restore the faith of public in the statement that “all citizens are equal under the law”.



Hasan Tasleem

A contributor for The News/Geo blogs

Related articles

  • NASAH (USA)

    “all citizens are equal under the law” — true, under ONE law — not under TWO laws.

    For example a Pakistani with two wives may be acceptable to the Supreme Court — but a Pakistani with two husbands certainly – NOT.

  • Umar

    All the citizens of Pakistan are equal under the eyes of Law.

    It is just that some people are more equal than others (wink)!

    -”Animal Farm” by George Orwell reflecting events leading Russian Revolution of 1917.

  • Muhammad Aftab Khan

    Well
    said. I have great regard for SCP, however I am disappointed that our judiciary
    has miserably failed in its decisions and showed lenient attitude towards corrupt,
    looters and criminals. Just blaming the investigation quality and freeing the criminals
    is a lame excuse and is unacceptable. It
    appears that SCP is trying to protect the constitution and not the rights of Pakistanis.
    Swiss case, Dr. Qadri’s appeal are few examples.

  • bloodycool

    Agreed!!! but the questions still remains the same… why would one so called Patriotic Pakistani sits and watces the show eating pop corns and making the bullshit comments and right before 2 months of the elections they fly to Pak holding the flag and putting thier demands, trying to postpone the elections etc….

    This should have been done when you see any govt. fails to perform his fundamentals, and in our case, it all started frm Benazair’s brutal murder.

    Why just before 2 months of the elections, MQM decides to part its ways with PPP after holding their hands for five years?

    Why PPP persons quitting the party and joining PML-N now when their tenure is already going to finish?
    If i continue writing, it will never end.

  • S Nasrullah

    Beautifully worded argument. Indeed, SC needs to take up matter on its substance and not on superficial aspects of the eligibility based on applicant’s nationality. Has the SC forgotten that Dr Qadri was an erstwhile elected Legislator and served the Pakistani nation in whatever capacity. Dr Qadri had the last laugh when he retorted to the question of Oath to the Queen that the questioner had taken an oath before a Dictator. Also, did it ever occur to the Seat of the Sages that Dr Qadri represented at least 50000 people who braved inclement weather and idiotic Administration’s repression and marched peacefully from Lahore to Islamabad under the leadership of the same Dr Qadri whose petition was short shrifted on technicality.

    • Anonymous

      Nasrullah Sb

      1. Qadri can get one of his followers from PAT to file the petition and it will not be dismissed on a ‘technicality’ as you point out. If it is not addressed this side of the election because of timing, it will be addressed soon after. In te interim, take it as the price of nurturing th democracy sapling.

      2. Should the SC overlook the interests of 150 million for the sake of appeasing Qadri’s 50,0000 very well intentioned sheep?!. If the numbers able to brave inclement weather, is the deciding factor then the lot from Muridke or the tribal areas will beat Qadri’s numbers hands down, once te precedent is set.

  • Anonymous

    ‘All citzens are equal under the law’ is not not even the case for full time Pakistanis, let alone self-serving showmen visiting from abroad. Read the short order again and wait for the detailed judgement. True the SC should have dismissed this on the first day but seems lie they were tempted to engage in the show by a slimey character and exhibited their own human falliblity.

    1. Mr. Qadri knew well the legal risk and the same petition could have been initiated by his party but for the megalomnia that often begets the messiahs and saviours in Pakistan. Dual nationals in the much more developed western democracies will be treated no differently ehen it comes to state and security institutions. The property rights etc and access to courts in this regards are not being challenged because of the dual citizenship.

    2. Yes the response would be different in so mch as the petition would be debated if Pakistani national (not dual) will take it to court as the locally residing singularly Pakistani shoukd be the the instigator of change instead of the outsider. Remember NRO thrust upon the country by outsiders!

  • JAMIL KHAN

    when you receive money from over seas Pakistani and you encourage them to invest in Pakistan you do not see their double nationality ? this issue should not be taken as projected they are as loyal as any Pakistani leave politics aside its a national matter and hope some common sense will prevail.

  • Kashif

    Who told you that Mansoor Ijaz is dual national?

  • truepakistani

    The illiterate people of pakistan do not know that the head of our country is queen Elizabeth being a member of common wealth country. So, why is the big problem of this petty issue. Nawaz,altaf,zardari and their children all have their houses,money,children in London,Dubai,and saudi Arabia. Pakistab biggest problem is corruption and ineligible people in power. Wadera system and unlimited powers to armed forces.

  • NASAH (USA)

    What is the purpose of opening so many new blogs if you delay the discussions for so loooooooooooooooooong.

    If you can’t manage opening the discussion on time then just quit issuing new topics. Or do you guys and galls go to sleep while managing the blogs?

  • Syed Hassan

    There was no legal ground to reject the petition. It appears that Dr. Tahir ul Qadri being someone who knows something about the law has pointed a genuine flaw in the appointment process of the election commission. The honorable CJ by not letting the original petition to be heard and instead bringing out the Dual Nationality matter of Dr. Tahir ul Qadri to reject the petition, has not only strengthened the image of a “politicized judiciary” outside Pakistan but also endorsed the fact that had the original petition been heard and evidences/arguments were presented, there was no way way the bench could have decided against the petition and the election commission would have been dissolved. Mr. Chief Justice and his honorable colleagues by making a mockery of the Dual Nationality issue, makes me think whether this nation really believes in the strength of its expatriate Pakistanis or its just a lip service that we see from time to time. What happened in the court that day, regardless of the outcome of the petition, it makes me think that my motherland has alienated me.

  • http://twitter.com/TayyubRasool Tayyub Rasool

    Points well-raised to ponder…

  • http://twitter.com/TayyubRasool Tayyub Rasool

    Mr. Qadri had already lost his repute before filing his petition in Supreme Court. He talked about justice while he kept himself in a bomb-proof luxury container & common people spent time in extreme cold during his 5 days sit-in at Islamabad.

  • Farooq Hashmi

    Instead of getting bogged in the subtlities of debate on the Canadian national, Dr.Tahir-ul-Qadri’s locus standi in challenging the present structure of the Election Commission of Pakistan,it is appropriate to view the matter from a political angle.The tantalizing question is why the self- assumed Messiah,Dr.Qadri had not returned earlier to Pakistan to pull it out of the quagmire of myriad problems as corruption,terrorism,lawlessness,dearness and foreign threats,etc.He had been basking in the cozy and haimish soils of Canada all the seven years since he had expatriated from Pakistan. Now as Pakistan’s national elections are at hand, he has made a malevolent trip to Pakistan to ply an ax to it’s burgeoning democracy. He is serving some foreign agenda. He is fishing in the troubled waters and brazenly advocating the role of the Ex-Servicemen and the military in Pakistan’s national affairs. If General Musharraf’s ambition to return to Pakistan’s politics and Dr.Qadri’s stance of Military’s role in the country’s state affairs are viewed side by side, it becomes crystal clear that both of them are conspiring to draw the dark pall of military rule over the country.

  • karim

    we need to analyse with an objective of positive criticism since being individuals we all are prone to errors. Great leaders accept their errors and take corrective measures instead of sticking to irrational behavior.

  • Salman Saeed

    You really missed the whole point, rather it seems you didnt follow any of the discussion from lawyers and experts. Qadri’s petition was not dismissed on the basis of dual nationality but because Qadri could not prove his bone fide intentions.
    SC simply asked him why he remained silent at the time the 18th amendment was passed, and when ECP was constituted, and that he was in Pakistan since Dec (?) but filed his petition one month before dissolution of assemblies. It seemed that Qadri’s intention was only to delay the elections, and court gave him two days to prove otherwise.
    In his reply he only said that CJP had taken oath under Musharraf’s PCO, which is true but does not answer the questions raised by the court.
    Secondly, in order for the SC to hear a petition from a person, he has to prove that his basic rights had infringed upon. Again, Qadri was not eligible to contest elections (and now we know that he isnt even a registered voter with his NICOP), that none of HIS basic rights were infringed upon.
    There is absolutely no connection of dual nationality and SC’s verdict, nor was it in any of the cases you mentioned. All of those were public interest cases. While in Qadri’s case, none of the people contesting elections became part of his petition. If PTI had been part of the petition, for example, then SC would have heard it, but most likely, they wouldnt have ordered the dissolution of ECP. This was explained in a TV talk show by Salman Akram Raja.

  • Jawwad

    What would u expect in a rotten system. All and that includes all is stolid in this country. We have a superb, supermen army and this belief is part of our faith yet it cannot protect us. There could be countless arguments on why, how, this conspiracy that conspiracy but the end result is that the ppl get abducted, killed in numbers and the protectors are mere spectators watching that blood bath.

    The only outcome of Qadri’s petition is that I have lost all respect for SC

  • very well said………I 100% agree with you Brother..

  • http://www.facebook.com/profile.php?id=766099486 Tauseeq Shahzad

    I stand by the Chief Justice. Any Pakistani who gets citezenship of another country is bound to protect that country before his own. Can someone explain why APML leaders (Including Mr. Qasuri) were managing crowd during his dharna and why media did not project i?

    Dr. Sahib has come with his own agenda to derail democracy. He is but B-Team of Musharraf and should be treated as such.Only Musharraf puppets are supporting him. Is that not obvious. MQM, PMLQ, APML and PPP blessed by NRO are big time supporters of Musharraf.

  • Ejaz Butt

    Me too not TUQ followers, but his petition was beneficial for the nation and should not be rejected. SC failed to justify.

  • Sameera Khursheed

    If Tahirul Qadri had some genuine issue, he should have gone to court at the begining. he did all this after throwing stones on ALL the national institutions. Where he was for last 7 years? enjoying in Canada! so let him go back to Canada and leave these issues with people of Pakistan.

  • Anonymous

    I fully agree with the writer.We dual nationals are more loyal to Pakistan than the so called nationals of the country.Whenever needed,we are the first asked to help the country,economically/morally and we do whole heartedly.But when we ask anything in return i.e.vote are shunened and even abused being a dual national.
    Our childern born in Uk,inspite of being British Citizens asked for the Pakistani nationality as the 2nd choice.It has been made of a huge issue about Alama Qadri’s oath of allegience to the Queen Elizibeth,but all those thousands of British Citizen by birth have made no oath of allegence to the Queen.But it is a basic duty of the citizen of the country be loyal to his country.Same as we have taken citizenship of Pakistan,we are also loyal to Pakistan.Britain allows it citizens to take an other country’s citizenship along with its own citizenship,without questining its citizens loyality.Then,why there is such a hue and cry on Pakistani nationals of adopting dual nationality.
    In my view,it is our mistake to feel Pakistani Citizenship is of low grade than anyother country’s citizenship.Get rid of this bad thinking and we will not suffer with low esteem.

  • khan

    Impressive article. This guy [Cheif Justice] is nothing more than a show piece who just hungry for a fame hungry. He doesn’t even know constitution himself. The example is, he declared Musharraf as a legitimate President while he was wearing a uniform.
    If he was concerned about supremacy of law, he should have asked the army and civilian government why are you allowing Americans to target innocent civilians by using drones?

    • Anonymous

      Perhaps he too should have gone abroad like the Sharifs, Butto, Zardari and Qadri when the going got tough under Musharaff!

  • Musa

    Like you said you arent a legal expert so why are you commenting on a legal situation when you have no idea with regards to the proceedings in the honorable SC. The reason the intentions were to be included was the fact that the honorable members of the ECP were appointed in 2011 why did Dr. Qadri or anyone else wait for so long and decided to file a petition right before the elections. So yea like I said if anyone had waited for two years to file a petition his locus standi would be judged as in this case. Lastly the merits and demerits of the petition can only be decided after its maintainability. So dont try to twist and turn it into dual nationals, because this judgement has nothing to do with that!
    Also next time before writing a blog I suggest you do a little bit of research!

  • Heisnberg

    I hate Tahirul Qadri to my guts but i believe the SC and the CJ have their own agenda. At the end of the day it’s all about power and money in this country and the Cheif Justice is no execption, period.

  • Shafaqat Jan

    My dear countryman, i really appreciate your concerns which must be the voice of a number of other Pakistanis, more particularly, those who are dual nationals. However, I am sure you have not read the Court’s order but have followed the news as have been appearing on the media. As you have yourself said that you are not a legal expert nor a student of the Constitution, hence, i dont blame you for your views. Qadri’s petition was never dismissed on the ground that he was a dual national but on a pure legal point of his “locus standi” to file the same. For filing such kind of a petition, one has to be an “aggrieved” person. How can a person not eligible to contest the very election can be aggrieved of some irregularities, if any, in the composition of the body holding the election? This is the requirement of a law none other than the Constitution itself. The other cases of dual nationals you have referred to are not on the same footings, they are quite distinguished than the one filed by Qadri. Hope my words are of some assistance to you in understanding the SC’s verdict. Thank you.

  • Rafaqat

    Excellent article! It looks that the Chief Justice has become the part of any political conspiracy in-spite of prevailing realities about Election Commission of Pakistan. So I think Chief Justice should re-consider the Dr. Qardi’s petition if he wants free and fare upcoming elections.

  • Dr Anees Chaudhry

    In dual nationality the dilemma who they (dual nationality holder) vouches their allegiance lies. To get naturalized to another country an individual takes the oath of allegiance to defend the constitution and bear the arms for another country other than Pakistan, Just imagine if the that country goes in war with Pakistan where their loyalties would lie? Then such an individual comes back and starts interfering with the constitutional affairs of Pakistan sounds absurd – to put it mildly.

    Such trouble makers should be filtered out from inflecting disgrace to the country they have renounced, particularly in the case of Tahir ul Qadri who sought asylum in Canada based upon the persecution against him. That action alone talks a lot about the integrity of the person.

  • Waleed

    agreed ! didn’t read the whole blog. but the thing i got upset about was, apparently us, “the second class citizen” as denoted by the “honourable CJP”, send Pakistan around $13+ billion in form of remittance and get treated like this. I didn’t hear about his son’s case lately what happened to that? is he only there to take suo moto actions and pass judgement while no one actually implements it? This is where i believe that what he says is just some words that are not meant to be taken seriously because in the end we see no results. just yap yap and yap. Nothing’s taken seriously in this country- it’s all taken for granted after all

    • Anonymous

      Perhaps you should have read the whoe blog aswell as the short order. The detailed judgement will also be worth reading before you jump to conclusion.

  • Anonymous

    We Pakistanis are expecting Justice from some one who declares PCO oath ‘Halal’
    for himself & ‘Haram’ for other honourable Judges. He has not been just to
    his own community, how come he can be just to the people at large? Due to the
    biased support of a particular media group, Kingship has been declared in
    Pakistan since 16 March’09(darkest day in the history of Pakistan), Iftikhar
    Chaudhry is the King with 16 other desciples in Islamabad & around 70 in
    other provinces.

  • waqas

    i agree with the writer..SCP is becoming a sacred COW… NICL, rental power, hajj Corruption, Karachi killings, Hussain Haqqani’s CASE, etc etc etc…. which one really completed and in which one culprits are behind the bars…. its all drama going on since last 5 yrs… everyone either this way or that way just protecting each other.. and they are all beneficiaries of this so called DEMOCRACY….

  • NRP

    Pakistani judiciary has a history of supporting the unlawful takeovers, and its no different even now. In a country where dishonesty and corruption is prevalent no one will like to see honest and competent assembly members. CJ has proven in this case that he can even misinterpret the law for desired outcome.

  • Anonymous

    A good article written but learned author must specify the difference of a “petition for a public interest”, “a person who is going to be a witness or has been involved in any conspiracy or does any crime against a state or state institution” Please mention all of the person mentioned in the article and enlighten us about faults or their involvement. Yes if you want that the difference and dual standard maintained for TUQ then tell him to behave like Mr. Mansoor or Altaf HUssain, I assure you that he will be dealt with the same laws. Always elaborate things so that our people can understand what you want to say but please dont hide facts from public. Thanks

  • Tahir-ul-Qadri

    Another bogus article. Author is trying to paint all SCP judgements with same brush without understanding their respective sensitivities, contexts and criticality. I suggest GEO editors and concerned authorities to strongly discourage such people posting articles on the website. These kind of writers should get rid of their pens and stand on CNG pumps instead!!

  • http://www.facebook.com/solitude786 Abrar Ch

    I total endorse your writing. Every educated and Patriotic Pakistani whether Dual National or not, is really hurt with biased decision of Supreme Court. Undoubtedly, it is Dr TUQ who has been proved a source to expose all stake holders of status quo and corrupt system including Supreme court. Its the First time when CJ is criticised on a large scale within and outside the country.

  • http://www.facebook.com/shahg342 Niqab Ur Rehman

    sir supreme court play their job completely and honestly…… but the regularities authorities are not helping the supreme court…. so why you are blaming supreme court???? why???

  • Aamir Naqvi

    There is clear difference between “Citizen” of Pakistan and “National” of Pakistan. Constitution gives protecton to “Citizen” of Pakistan. please read Article 14 of Pakistan Citizenship act 1952 for differnce between two. A Pakistani “National” if invoking Constitutional rights has to satisfy court which right of his is being hurt. Qadri used wrong article for his case. Supreme Court did said the question raised are pertinent but saying this court can not go away from Constitution. It was Mr Qadri who should have hired lawyer to plead his case. a “Neem hakeem is always khatra-e-Jaan”

    • S Nasrullah

      There is glaring ambiguity in the definition of “Citizen” vis-a-vis “National” and India have taken lead in amending its Constitution to introduce the concept of NRI to bridge the yawning gap and the distinction between the two. There are hundreds of cases that are rejected at the level of Registrar of the SC who judges the validity of the application for due process of law. Once accepted for hearing, the SC Bench could have ignored the lacuna to grapple with the burning issues to arrive at fair judgment to allay the apprehensions of the many leaders of the Political spectrum who have cast their serious doubts about.

  • http://twitter.com/mumtazjellani mumtaz

    you are no legal expert, nor an expert of constitution .
    for God sake let the Experts decide . what you think you know more than the Honourable Judges.

    sorry blogger but opinion is like as everyone has 1

  • Another suspect dual national!

    I could not agree more with you when you say that it was obvious that the honourable SC had pre-decided to pounce on the person of the Maulana without paying any attention to the content of the petition.
    If I had ny doubts about the independence of the SC decisions, they are now gone and I am convinced this SC is towing the line and of PML-N and has a per-determined agenda up its sleeve.

  • http://twitter.com/Gharibwal M. Yasir Masood

    Supreme Court Decision was not on Merit

  • samraiz hameed

    MQM leader Altaf Hussain was summoned to the court because he spoke against the integrity of the court and judges. Let Tahir-Ul-Qadri speak against the integrity of court and will also be summoned to the court..(and probably will be heard this time…:) )

  • Ahmed

    You are right.CJ was feeded by somone els.may be N league.the all media experts are talking about.atleast u sud lisn the full petetion.but no way.duel nationality attacked by CJ…Created alot of FUN to those who are more sincere and loyal than ppl living in pakistan.

  • Muhammad Usman

    every person have a right to express his opinion. but in this case i support to SCP because i dont know what does he ( TAHIR-UL-QADRI) actually want? I think he just want to delay an election. i think SCP gave the decision on the basis of BONA FIDE ( best interest) of the country.

  • Anonymous

    Para 2 of the short order reads:

    ‘However, it is loudly and clearly observed that as a voter like other overseas Pakistanis, whose names have been incorporated in the Electoral Rolls, he can exercise his right of vote as this right is recognized under the Constitution and has also been held by this Court……’

    Would be useful reading the short order here, before jumping to conclusions:

    http://www.supremecourt.gov.pk/web/user_files/File/Const.P.5of2013-dt-13-2-2013.pdf