IHC rejects petition seeking removal of SAPMs having dual nationalities
Last updated on: 30 July,2020 05:30 pm
The verdict stated that the appointment of special assistant is the prerogative of the PM.
ISLAMABAD (Dunya News) – Islamabad High Court on Thursday rejected the petition seeking removal of Prime Minister’s Special Assistants (SAPMs) having dual nationalities.
IHC Chief Justice (CJ) Justice Athar Minallah readout the verdict.
In its verdict the court stated that the prime minister’s special assistant cannot be disqualified for having dual nationality.
The verdict stated that a person with dual citizenship is also a Pakistani and his patriotism cannot be doubted.
The verdict further stated that the appointment of special assistant is the prerogative of the prime minister, in this case there is no restriction on the number of special assistants.
“The Prime Minister is answerable to the people and he cannot run the state system alone,” the verdict said.
Earlier today, the IHC had reserved its verdict on whether a case challenging the appointment of special assistants to the prime minister is fit for trial. Chief Justice Athar Minallah reserved the verdict on Thursday. “Where is it written in the Constitution that assistants can’t hold dual nationalities?” he asked.
On Tuesday, a petition was filed in the Islamabad High Court (IHC) challenging the appointment of special assistants to the prime minister having dual nationalities. The petitioner, Justice Party Chairman Malik Munsif Awan, pleaded that the appointment of four SAPMs, who were dual nationals, be declared null and void as somebody who owed their allegiance to another country should not be holding key government positions and making decisions about the country.
He pleaded that the court should issue directions for the removal of the four SAPMs from their posts for the sake of national interest as they had access to sensitive information about the country, including its nuclear assets.
The petitioner also asked the court to refrain the four SAPMS from working until it had decided the case.
Two aides of PM step down
Two key aides to the Pakistan Prime Minister, including de facto Health Minister Zafar Mirza, have resigned, amid the government facing stiff criticism for appointing individuals with a dual nationality or holding another countrys permanent residency as SAPMs.
Two notifications issued by the Cabinet Division said on Wednesday that Prime Minister Imran Khan had accepted resignations of Mirza and Tania Aidrus, the Special Assistant to the PM (SAPM) on Digital Pakistan.
Taking to Twitter, Mirza, the outgoing SAPM on Health, said that he had come to Pakistan on a personal invitation of Khan after leaving the World Health Organization (WHO).
"I worked hard and honestly. It was a privilege to serve Pakistan. I am satisfied that I leave at a time when COVID-19 has declined in Pakistan as a result of a grand national effort," he said.
Mirza, who was assigned the portfolio of national health services in April 2019 and oversaw the country s response to the pandemic, said he made the decision to resign over "negative discussion about the role of SAPMs and criticism of the government".
Meanwhile, Aidrus said that she was resigning from her post due to recent criticism levelled against her and the government because of her dual nationality.
In a tweet, she said: "Criticism levied towards the state as a consequence of my citizenship status is clouding the purpose of Digital Pakistan.
"In the greater public interest, I have submitted my resignation from the SAPM role. I will continue to serve my country and the PM s vision to my best ability."
She said that her Canadian nationality, a consequence of her birth and not an acquisition of choice, served as a distraction to her ability to execute the long-term vision for a digital Pakistan.
"It is unfortunate that a Pakistani s desire to serve Pakistan is clouded by such issues," she was quoted as saying in the Dawn news report.
The resignations come after the government had recently gone public with the assets and nationalities of all the special assistants, bringing to light that seven of them were either held dual citizenship or permanent residency of another country.
Asset, dual nationality details of PM’s special assistants, advisers
On July 18, the federal government had revealed the details pertaining to the assets and dual nationalities of 15 advisers and special assistants in the federal cabinet on the directives of Prime Minister Imran Khan.
Minister for Information and Broadcasting Shibli Faraz announced that all details regarding the assets and nationalities of Special Assistants to Prime Minister (SAPM) had been made public and available on the Cabinet Division website.
According to details, Zulfi Bukhari holds British nationality, Nadeem Afzal Chan has Canadian citizenship while Moeed Yusuf and Shahbaz Gill are green card holders (permanent residence of US).
Shahzad Syed Qasim and Nadeem Babar have US citizenship while Tania Aidrus holds dual nationality of Canada and a permanent residency of Singapore.
The Special Assistant to Prime Minister on Poverty Alleviation and Social Safety Sania Nishtar does not have a dual nationality, according to the documents.
Nishtar, along with her husband, have a total bank balance of Rs 14.8 million. The only car, a Honda Civic (2014) is in the name of Nishtar’s husband.
Nishtar owns jewelry worth Rs 500,000 and has inherited property of 9.6 marlas in Peshawar.
The information of their assets and nationalities had been posted on the website of the Cabinet Division.