ISLAMABAD: The National Assembly Standing Committee on Law, Justice and Human Rights on Friday rejected the Constitution (Twenty Second Amendment) Bill, 2014 which seeks to amend Article 63 of the Constitution that would lift bar on dual nationals from contesting elections.

This was decided in a meeting of the committee which met under the chairmanship of Chaudhry Mahmood Bashir Virk. It was also attended by the committee members and officials of the Ministry of Law, Justice and Human Rights.

“Why do we differentiate when it comes to dual nationals who can vote to elect members of the parliament but not contest elections to become members of the parliament themselves,” S.A. Iqbal Quadri, the mover of the bill, questioned.

Quadri said a dual national would remain faithful after taking oath as member of the parliament, and therefore the committee should recommend lifting of the ban on dual nationals.

PML-N member Retired Justice Iftikhar Ahmed Cheema said: “The Supreme Court has already barred dual nationals from contesting elections which is why I oppose the bill moved by member of the MQM to amend Article 63 of the Constitution.”

Jamiat Ulema-i-Islam-Fazl (JUI-F) MNA Moulana Mohammad Khan Sherani argued that there was a lot of difference between a voter and member of the parliament.

“A voter can only vote to elect someone but a member of the parliament can give suggestions to the house while making laws,” Sherani added.

“Dual nationals have an interest in not relinquishing their foreign nationalities,” he added.

PML-N MNA Mohammad Raza Hayat Haraj said the Supreme Court had ordered those members of the parliament with dual nationalities to leave their position and return the salaries and perks that they received during their stint in the parliament.

“Punjab Governor Chaudhry Ghulam Sarwar and former interior minister A. Rehman Malik left their foreign nationalities and then took up responsibilities as governor and member of the Senate, respectively,” Haraj added.

“A person can only be faithful to either Pakistan or India and not to both countries,” he added.

“Who is ready to support such a bill when the ministry has already opposed this bill. I will request you Mr. chairman to reject the bill on priority basis,” Haraj added.

JI member of the National Assembly, Ms Aisha opposed the amendment, saying that it would be injustice to allow dual nationals to contest elections.

“If a dual national wants to contest elections, then according to law, he or she should leave the nationality of the other country,” Ayesha Raza Farooq, the PML-N MNA suggested.

PPP MNA Mohammad Ayaz Soomro said it was the right of S.A. Iqbal Quadri to present the bill for amendment but no one could allow dual nationals to contest elections.

Raza Khan, the special secretary of the Ministry of Law, Justice and Human Rights told the committee members that a dual national can use the option of surrendering the foreign nationality to contest elections.

“The government has already restricted dual nationals from taking exams of civil service and from joining military services,” Raza said.

The special secretary also said the Indian constitution did not allow dual nationals from contesting elections to the parliament under clause (d) of sub-clause (1) of Article 191 of the Constitution of India.

“It is the priority of the government to close the door of the parliament on the dual nationals,” the official added.

The Standing Committee also approved the Legal Practitioners and Bar Councils (Amendment) Bill, 2014.

Later, Fazl-i-Haq Abbasi, the President of Supreme Court Bar Association (SCBA) told Dawn that the Supreme Court and the high court had the power to suspend the licence of any lawyer for an indefinite period in cases of grave professional misconduct.

The SCBA president said there should be some check and balance with regards to suspension of a lawyer’s licence as it could affect his only means of livelihood.

“The Pakistan Bar Council proposed to amend Section 41 of the Legal Practitioners and Bar Councils Act, 1973 under which a disciplinary committee may suspend the licence of a lawyer for a maximum period of three months. A tribunal shall decide the complaint against the suspended lawyer within three months after receipt of reference from the disciplinary committee,” Abbasi said.

The committee members also expressed their concerns over the performance of the human right wing of the Ministry of Law, Justice and Human Rights.

JUI-F MNA Maulana Mohammad Khan Sherani said it was unfortunate that the human rights wing had failed to report violations.

“There are several laws against the violations of human rights in Pakistan but the wing is unable to highlight them,” he added.

Minister for Law, Justice and Human Rights Senator Pervez Rasheed told the committee members that the human rights wing could not challenge the law passed by the parliament.

“You as members of the parliament passed the bill while it is impossible for the human rights wing to raise voice against such laws,” the minister added.

MQM MNA Qaudri said the human right wing had failed to highlight the recent killing of the Christian couple in Kot Radha Kishan and raise voice for the children who died in Thar due to famine.

He suggested that officials of the ministry should set up courts to hear cases of human rights violations.

The committee chairman, Chaudhry Mahmood Bashir Virk, directed the officials of the ministry to provide details of such laws which were against the charter of the United Nations.

“The committee will play its role to propose amendments to such laws which are against violations of the human rights,” the chairman added.

Published in Dawn, November 15th , 2014