ISLAMABAD: The Islamabad High Court (IHC) has turned down a writ petition challenging the appointments of Special Assistants to the Prime Minister (SAPMs) having dual nationalities.
A single bench of Chief Justice Athar Minallah on Thursday after hearing the arguments rejected the petition.
The IHC bench noted in its verdict, "This petition is devoid of merits and thus dismissed in limine."
During the hearing, the petitioner's counsel mainly argued that rule 4(6) of the Rules of 1973 is ultra-vires the Constitution and in the memorandum of the petition, the petitioner also took the plea of dual nationality for seeking a declaration regarding disqualification of the respondents.
Justice Minallah observed that sub-rule 6 of rule 4 enables the prime minister to appoint special assistant or special assistants and to determine their status and functions.
He added, "The Rules of 1973, particularly rule 4(6) are not in conflict with the provisions of the Constitution. Special Assistants are not members of the Federal Cabinet. Moreover, they are distinct from Advisors appointed by the President on the advice of the Prime Minister under Article 93(1) of the Constitution."
He said the prime minister was the chief executive of one of the most important organs of the State and had to perform multiple/complex functions.
A person elected as prime minister is answerable to the people of Pakistan and the Majlis-e-Shoora (Parliament).
The onerous role of the prime minister described under the Constitution cannot be performed by the latter alone.
In order to enable the prime minister to transact business of the Executive organ of the State, the latter ought to have the freedom to appoint officials or other persons for assistance.
The bench ruled: "Rule 4(6) is one of such modes whereby the prime minister has been empowered to appoint special assistants. There is no restriction regarding the number of special assistants that can be appointed by the prime minster."
"There is also no restriction of appointing persons having dual nationality. The only restriction provided in the Constitution is under Article 63(1)(c) and it is confined to disqualification of a person being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament)."
This disqualification is also attracted in case of the membership of the Provincial Assembly.
There are some statutes, which prescribe renunciation of nationality of another State as an eligibility condition for employment.
There is no such restriction for appointment of a special assistant under rule 4(6) of the Rules of 1973.
Justice Minallah maintained that the Pakistan Citizenship Act, 1951 expressly allows a citizen of Pakistan to hold dual nationality as has been described in Section 14(3).
It is not fair to raise doubts or to be skeptical regarding appointment of a dual national as a special assistant by the prime minister.
He added that the importance and contributions made by dual nationals cannot be denied.
"The patriotism of Pakistani citizens holding dual nationality cannot be doubted."
The bench noted that patriotism of a person who is a citizen of Pakistan cannot be doubted nor suspected unless the State can demonstrably and without a shadow of doubt establish otherwise.
A person who holds dual nationality is indeed a citizen of Pakistan and thus his or her commitment to Pakistan and patriotism cannot be doubted.
A Pakistani citizen holding dual nationality is thus not ineligible or barred from being appointed by the prime minister as a special assistant under rule 4(6) of the Rules of 1973.
It is further said that moreover, interference by this court would adversely affect the transaction of business of the Federal Government and prevent the prime minister from discharging obligations under the Constitution thus, warranting restraint.
Chairman Pakistan Justice Party (PJP) Malik Munsif Awan Advocate had filed the petition through Muhammad Ikram Chaudhary Advocate and cited federation through secretary Law and Justice, secretary Election Commission of Pakistan, secretary Cabinet Division, secretary Establishment Division, SAPMs including Nadeem Babar, Abdul Razaq Dawod, Shahzad Qasim, Syed Zulfiqar Abbas Bukhari, Tania S Aidrus, Shahbaz Gill, Moeed Yusuf, and Nadeem Afzal as respondents.
He stated in the petition that the Cabinet Division most recently issued the details of assets and dual nationalities of 20 advisers and the SAPMs and the Cabinet Division's notification shows that out of 19 non-elected cabinet members, four special assistants to the prime minister hold dual nationalities - Nadeem Babar (US), Syed Zulfiqar Bukhari (United Kingdom), Shahzad Qasim (US), and Tania S Aidrus (Canada).
He added that among those holding residency of other counties included Shahbaz Gill (US), Moeed Yousaf (US), Nadeem Afzal (Canada) and Tania Aidrus (Singapore).
Therefore, he had prayed to the court to accept the petition against the respondents having flouted their oath in office by appointing foreign nationals as SAPMs on sensitive posts and in order to safeguard national interests, sensitive information, direct the respondent no 1 to 5 to remove the foreign nationals as SAPMs immediately in the interest of justice.
He also requested the court to direct the secretaries of the Cabinet Division, the Establishment Division, and the ECP to suspend notifications of appointment of respondent SAPMs till the final decision of this petition.
Copyright Business Recorder, 2020
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