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Dual nationality: Pak SC disqualifies Rehman Malik, 11 other lawmakers

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Rehman Malik

Pakistan's Supreme Court today disqualified 12 federal and provincial lawmakers, including Interior Minister Rehman Malik, for violating provisions of the Constitution by holding dual nationality.

A three-judge bench headed by Chief Justice Iftikhar Chaudhry issued the order in response to a petition filed by a man named Mehmood Akhtar Naqvi, who had asked the apex court to disqualify all lawmakers having dual nationality.

However, in the case of Malik -- who was a British citizen until May 29, 2012 -- the disqualification related to his membership of the Senate or upper house of Parliament between 2008 and June this year.

After the apex court had suspended Malik's membership of the Senate in June on the ground that he had not provided proof of renouncing his British citizenship, Malik had resigned as a lawmaker. He had contested a bypoll to the Senate in July and was re-elected to the upper house.

The court also observed that Malik had submitted an erroneous affidavit for the 2008 Senate elections in violation of election laws.

It declared that Malik, "in view of the false declaration filed by him at the time of contesting the election to the Senate held in the year 2008, wherein he was elected, cannot be considered sagacious, righteous, honest and ameen (faithful)."

The fate of Malik's current membership of the Senate will depend on the outcome of action that will have to be taken against him by the Chairman of the Senate and the Election Commission on the basis of today's Supreme Court order, legal experts said.

Announcing the verdict, the bench said that under Article 63 (1C) of the Constitution¿ no lawmaker can hold dual nationality.

The other lawmakers who were disqualified are Farahnaz Isphani, Zahid Iqbal, Farhad Muhammad Khan and Jamil Malik (all members of Parliament), Muhammad Ikhlaq, Ashraf Chohan, Chaudhry Waseem Qadir, Amna Buttar and Nadeem Khadim (all members of the Punjab Assembly), and Ahmad Ali Shah Nadia and Gabool Sindh (both members of the Sindh Assembly).

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