SC questions Dr. Tahir Qadri's locus standi in election process

ISLAMABAD: The Supreme Court on Monday grilled Dr. Tahir ul Qadri, head of Tahreek-e-Minhaj ul Quran International, over the status of his Canadian citizenship with repeated queries revolving around his locus standi against composition of the Election Commission of Pakistan.

A three-Judge bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Gulzar Ahmed and Justice Azmat Saeed directed Dr. Qadri to submit till tomorrow the required documents regarding his claims to be a stakeholder in the democratic system of the country and the notification over his dual nationality.

The bench was hearing a constitutional petition moved by head of Tahreek-e-Minhaj ul Quran under Article 184 (3) of the Constitution related to fundamental rights of the citizens.

In his plea, Dr. Qadri wanted a declaration from the court against the composition of the ECP.

At the outset of proceedings, the Chief Justice stopped the religious scholar from praising the judiciary and drew his attention towards his contentions.

To bench's query, he replied that he had applied for the citizenship of Canada during 1997 and got nationality in the year 2005.

"Yes, I'm a citizen of Canada," he said, adding, he acquired the Canadian nationality as a religious scholar in an ordinary manner granted under various categories of Canadian immigration laws.

The Chief Justice questioned him whether a person who had acquired nationality of a foreign country, could retain the Pakistani nationality and drew his attention towards Section 14 (3) of the General Immigration Laws.

He reminded Dr Qadri that when you got citizenship of a foreign country you showed your allegiance to that country. "Can the government of Pakistan, with all respect to you, allow such a person to retain its citizenship!' he posed a question.

Such a person could not enter into parliament under Articles 62 and 63 of the Constitution as he had showed allegiance to other country, he added.

"If I seek allegiance of a foreign country, then how can I say that the parliament which represents the will of 18 million to 20 million people, is suffering from flaws," he observed.

Tahir Qadri maintained that under the relevant laws, he was not allowed to contest elections and enter into parliament but under the relevant laws, he could retain his Pakistani nationality.

He further contended that he had taken up an issue which pertained to general interest and could be heard.

He said that general laws for immigration also provided such like exemptions.

The Chief Justice reminded him that under Canadian law, he had taken oath of allegiance to the Queen and assumed duties as citizen of Canada.

Qadri said that he had appeared before the bench as a voter as the law differentiate between the voter and parliamentarian.

The Chief Justice told him that he should submit the required documents tomorrow as it would be significant and assured him that they would give him a full hearing opportunity.

He observed that the petitioner (Qadri) would also argue his locus standi in the case as it would have implications.

To bench's query, Attorney General for Pakistan Irfan Qadir apprised that a dual nationality holder could approach the Supreme Court under the provisions of fundamental rights and there was no such bar.

He said that he would oppose contentions of the petitioner but he should be given an opportunity of putting up his case.

Further hearing was adjourned till Tuesday.