| Citation(s) |
|---|
| 2019 SLG 412 2019 SLD 412 2019 PLD 133 |
Supreme Court of Pakistan
Suo Motu Case No. 3 and Civil Petiiton No. 53-K of 2018 andCivil Miscellaneous Applications Nos. 6853 and 6854 of 2018,decision Dated: 15-12-2018. Hearing Dated: 24-09-2018. (DualNationality of Honble Judges and Officials of Courts andGovernment Offic
UMAR ATA BANDIAL, JUSTICE IJAZ UL AHSAN, JUSTICE
Qaiser Masood, Addl. Dir. Law, FIA. (For FIA).(For NADRA)Waqar A. Sheikh, Advocate Supreme Court.Sardar Tariq Farid Gopang, Advocate Supreme Court.Barrister Talha Alizai, Advocate Supreme Court.Tariq Aziz, Advocate-on-Record (For PARCO)Mir Afz
Suo Motu Case No. 3 and Civil Petiiton No. 53-K of 2018 andCivil Miscellaneous Applications Nos. 6853 and 6854 of 2018,decision Dated: 15-12-2018. Hearing Dated: 24-09-2018. (DualNationality of Honble Judges and Officials of Courts andGovernment Offic
UMAR ATA BANDIAL, JUSTICE IJAZ UL AHSAN, JUSTICE
Qaiser Masood, Addl. Dir. Law, FIA. (For FIA).(For NADRA)Waqar A. Sheikh, Advocate Supreme Court.Sardar Tariq Farid Gopang, Advocate Supreme Court.Barrister Talha Alizai, Advocate Supreme Court.Tariq Aziz, Advocate-on-Record (For PARCO)Mir Afz
MUHAMMAD IBRAHIM SHAIKHVSGOVERNMENT OF PAKISTAN THROUGH SECRETARY MINISTRY OF DEFENCE AND OTHERS
Law: Pakistan Citizenship Act, 1951
Section: 14(1),14(3)
Law: Pakistan Army Act, 1952
Section: 10
Law: Pakistan Air Force Act, 1953
Section: 12
Law: Constitution of Pakistan, 1973
Section: 244,260(1)
(a) Pakistan Citizenship Act (II of 1951)--- ----Ss. 14(1) & 14(3)---Dual citizenship not allowed---Exceptions---List of countries whose citizenship could be acquired without losing citizenship of Pakistan---Discretion of Federal Government to amend said list---Scope---Plain reading of S.14(1) of the Pakistan Citizenship Act, 1951 ('the Act'), clearly showed that as a general rule, a Pakistani citizen who was also a citizen/national of any other country shall lose his citizenship of Pakistan unless he renounced his citizenship/ nationality of the other country---Government of Pakistan had specified certain other countries in terms of S.14(3) of the Act such that on acquisition of citizenship of said countries a citizen of Pakistan did not automatically lose his nationality of Pakistan as per S.14(1) of the Act---No guidelines existed in respect of the discretion available to the Federal Government under S.14(3) of the Act---Unqualified power vested with the Government in such regard was inconceivable in a democratic government working under the Constitution---Discretion ought to be guided and qualified in order to meet the requirements of sound administrative policy---Supreme Court directed that while all the orders passed and notifications issued till date [in terms of S.14(3) of the Act] were to be kept intact and considered valid, the Federal Government shall formulate the guidelines and parameters for the exercise ofpower under S.14(3) of the Act---Order accordingly. (b) Pakistan Citizenship Act (II of 1951)--- ----S. 14(3)---Constitution of Pakistan, Art. 260(1)---Pakistan Army Act (XXXIX of 1952), S. 10---Pakistan Air Force Act (VI of 1953), S.12---Pakistan Navy Ordinance (XXXV of 1961), S.10---Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, R.19(1)---Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, R.13---Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989, R.11(1)---Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009, R.9(4)---Dual nationals---Question as to whether dual nationals could be legally employed in service of Pakistan; employed as civil…
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