Dual nationality Case: SC inquires about job status of army officers following retirement

ISLAMABAD: On Wednesday, the Supreme Court of Pakistan observed that a retired officer can not apply for any job for two years after his retirement.

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The Chief Justice of Pakistan Mian Saqib Nisar was hearing the dual nationality case today, inquired about ex- Army chief General(R) Raheel Sharif’s No -objection Certificate (NOC) pertaining to his deployment in Saudia Arabia leading 42 Islamic countries in fighting war against IS.

“Did Raeel Sharif seek federal government NOC?”  the CJP posed question to secretary Defence, on which the later replied that the serving army chief tenders approval for retired army officers deployment/job anywhere after their retirement.

Furthermore, the top judge remarked that erst while spy chief General (R) Shuja Pasha traveled to Dubai following his retirement, also sought explanations that army officers would also be considered as government employees?

On Tuesday,  Chief Justice of Pakistan (CJP) Mian Saqib Nisar Tuesday observed that dual nationality issue pertaining to army and judiciary would also be considered

He observed that the exercise to seek details of the dual national government employees was just to collect data and the court would only propose recommendations to the government for action.

He observed that it would be the responsibility of Parliament to update the law regarding the government employees holding dual nationality. The CJP was heading a three-member bench, comprising Justice Umar Ata Bandial and Justice Ijazul Ahsan, which heard a suo motu notice regarding dual national federal employees.

The court directed the Ministry of Defence to submit details of army officials holding dual nationality till Wednesday.

It also directed the ministry to apprise it as to whether the law prevented army officials and soldiers from holding dual nationality or not.

Justice Ata Bandial remarked that in the Asghar Khan case, it was upheld that the country’s president is a government servant, and the same law should be applied to the defence forces personnel to ensure they were not foreign nationals.

Amicus curiae Shahid Hamid, in his recommendations submitted with the court, stated: “The federal and provincial governments should formulate negative list(s) of posts to which foreign nationals shall not be appointed for reasons of safeguarding national security and/or vital national interests.”

The federal government should also be required to submit annual reports to Parliament in regard to enforcement/implementation of the 1966 Act prohibiting employment of ex-government servants with foreign government and agencies.

Shahid Hamid said Section 14(I) of the Pakistan Citizenship Act 1951 prescribed that a citizen of Pakistan shall lose his citizenship if he becomes a citizen of any other country.

However, Section 14(3) creates an exception from his general prohibition in case of citizens who are citizens of the United Kingdom or its colonies or such other country as may be notified by the federal government.

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