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Rahman Malik’s Dual Nationality: SHC Calls Trial Court Records

Karachi (November 17, 2017): The Sindh High Court has sought record of a trial court which exonerated former Interior minister Rahman Malik in dual nationality case.

The court issued the direction in the case, filed by Election Commission seeking action against Rahman Malik for concealing his dual nationality.

During today’s hearing the court expressed anger at Malik’s absence, on which Rahman’s counsel assured the court that his client will appear before the court on next hearing.Challenging the judgment of the Judge of Session Court Election Commission argues that Malik was exonerated by the Session Court ex parte.

The Election Commission also pleads the Sindh High Court to declare Rahman Malik disqualified and to order him pay back the salaries and the benefits.It may be mentioned here that Pakistan’s Constitution bars a foreign national (or dual nationality holder) from holding any public office of the Government of Pakistan. The Supreme Court of Pakistan retroactively suspended and terminated the electoral membership of Farahnaz Ispahani over the issue of dual nationality on 25 May 2012.In a reference filed against Malik, the Supreme Court began the hearings against Malik over the suspicion of his British nationality. Effectively, the then chief justice Pakistan Iftikhar Chaudhry suspended the electoral membership of Malik when he had shown reluctance to submit a declaration by the United Kingdom’s Border Agency to establish that his client had surrendered British nationality on 6 June 2012. Despite the Supreme Court’s verdict, he was reinstated by Prime Minister Gillani after issuing directives to the cabinet division to reinstate him as an advisor to the prime minister on interior affairs.On 5 October 2012, Malik informed the Supreme Court that he had renounced his British citizenship on 25 March 2008.

Shortly after the verdict, Malik tendered his resignation to the Senate to Chairman Senate on 10 July 2012. He continued his work with the Ministry of Interior at the behest of then prime minister Pervez Ashraf.On 4 June, his membership in the Senate was suspended by the Supreme Court for being a dual national. This resulted in the loss of his position as the Interior Minister, because Article 63-A of the Constitution of Pakistan requires each member of the cabinet to be a member of the Parliament. On 10 July 2012, Malik resigned from the Senate.

It may be mentioned here that Rahman Malik took oath as Senator on in March 2015 and will complete his renure in March 2021.

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