IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
 
Present: 
Mr. Justice Iftikhar Muhammad Chaudhry, HCJ. 
Mr. Justice Jawwad S. Khawaja 
Mr. Justice Khilji Arif Hussain 
 
 
Constitution Petition No.05/2012 and 
CMA Nos.2382, 2487, 2492, 2876 & 3446/12 
Criminal Original Petition Nos.47,54, 65 & 71/2012 
 
 
Syed Mehmood Akhtar Naqvi  
 
 
… 
PETITIONER  
VERSUS 
Federation of Pakistan thr. Secretary Law and others 
 
For the petitioner (s):  
Patitioner in person 
 
 
 
(in Const.P.5/2012) 
 
For the applicant (s): 
 
Malik Waheed Anjum, ASC  
 
 
 
(in CMA-2382/12) 
 
 
 
Dr. Tariq Asad, ASC (in CMA-2487/12) 
 
 
 
Ms. Samira Basharat (in CMA-2876/12) 
 
 
 
Mr. M. Shoaib Lodhi (absent CMA-2492/12) 
 
 
 
Mr. Khawar Mahmood Khattana, ASC  
 
 
 
(in CMA-3446/12) 
 
On Court Notice:  
 
Mr. Irfan Qadir, Attorney General for Pakistan 
 
 
 
Assisted by 
Barrister Shehryar Riaz Sheikh, Advocate 
 
For the respondents: 
 
Mr. Dil Muhammad Khan Alizai, DAG  
(1,2,4,6,8,& 10)  
 
Raja Abdul Ghafoor, AOR 
Syed Sher Afghan, D.G. Election Commission  
 
For respondent No.3: 
 
Mr. Qasim Mir Jat, Addl. A.G. Sindh  
 
For respondent No.5: 
 
Mr. Jawwad Hassan, Addl. A.G. Punjab 
 
For respondent No.7: 
 
Mr. Azam Khattak, Addl. A.G. Balochistan 
 
For respondent No.9: 
 
Syed Arshad Hussain, Addl. A.G. KPK  
 
For Ms. Farah Naz Isfahani: Mr. Waseem Sajjad, Sr. ASC (absent) 
 
 
 
Ch. Akhtar Ali, AOR 
 
For Mr. Zahid Iqbal, MNA: 
Mian Abdul Rauf, ASC  
& Dr. Ahmad Ali Shah, MPA: 
 
Constitution Petition No.05/2012 
2 
For Mr. A. Rehman Malik: 
Mr. Anwar Mansoor Khan, Sr. ASC  
 
 
 
Mr. Muhammad Azhar Ch., ASC  
 
 
 
Raja Abdul Ghafoor, AOR   
 
 (in CMA-2382/12): 
 
Mr. Muhammad Akhlaq, MPA (Pb) (absent) 
 
 
 
Mr. Farhat Mehmood Khan, MNA (absent) 
 
 
 
Dr. Muhammad Ashraf Chohan, MPA (absent) 
 
 
 
Ms. Nadia Ghabool, MPA (Sindh) (absent) 
 
 
 
Ch. Waseem Qadir, MPA (Pb) (absent) 
 
 
 
Ch. Khadim Nadeem, MPA (Pb) (absent) 
 
For Mr. Jameel Malik, MNA: 
Mr. Imtiaz Rashid Siddiqui, ASC (absent) 
(Res. In CMA 2492/12) 
 
For Mr. Shahjehan Yousaf, MNA: 
Hafiz S. A. Rehman, Sr. ASC  
(Res. In CMA 2487/12)  
 
Mr. Mehmood A. Sheikh, AOR 
With Sardar Shahjehan Yousaf, MNA  
 
 
 
 
Dates of hearing:  
 
17 & 18 September, 2012 
 
O R D E R 
 
 
 
IFTIKHAR MUHAMMAD CHAUDHRY, CJ. — This petition 
has been filed under Article 184(3) of the Constitution with the prayer 
that the Parliamentarians having dual citizenship may be declared to 
be disqualified in terms of Article 63(1)(c) of the Constitution read with 
section 14 of the Pakistan Citizenship Act, 1951.  
2. 
 
The matter was taken up on various dates, during course 
whereof notices were issued to the following Parliamentarians allegedly 
having dual citizenship: -   
1. 
Mr. A. Rehman Malik, Senator 
2. 
Mr. Abdul Hafeez Sheikh, Senator 
3. 
Mr. Sabir Ali Baloch, Senator  
4. 
Ch. Zahid Iqbal, MNA  
5. 
Ch. Iftikhar Nazir, MNA 
6. 
Ms. Farah Naz Isfahani, MNA 
7. 
Mr. Farhat Mehmood Khan, MNA  
8. 
Khawaja Muhammad Asif, MNA 
9. 
Ms. Anusha Rehman, MNA 
10. 
Mr. Jamil Ahmad Malik, MNA  
11. 
Sardar Shahjehan Yousaf, MNA  
12. 
Mr. Muhammad Akhlaq, MPA  
13. 
Mr. Tariq Mehmood Alloana, MPA 
14. 
Dr. Muhammad Ashraf Chohan, MPA  
15. 
Ms. Nadia Gabol, MPA 
16. 
Ch. Waseem Qadir, MPA 
17. 
Ch. Nadeem Khadim, MPA 
18. 
Ms. Amna Buttar, MPA 
Constitution Petition No.05/2012 
3 
19. 
Dr. Ahmad Ali Shah, MPA  
 
3. 
 
Four Parliamentarians, namely, A. Rehman Malik, Senator 
(Sr.No.1), Ch. Zahid Iqbal, MNA (Sr.No.4), Ms. Farah Naz Isfahani, 
MNA (Sr.No.6) and Mr. Jamil Ahmad Malik, MNA (Sr.No.10) entered 
appearance through their counsel and contested the matter. The 
Parliamentarians at serial Nos.1, 6 and 10 were admittedly holders of 
dual citizenship, however, the Parliamentarian at serial No.4 against 
whom sufficient material was placed on record, could not substantiate 
that he was not in possession of dual citizenship.  
4. 
 
This Court suspended the membership of some of the 
Parliamentarians detail of which is mentioned hereinbelow: - 
 Sr.No. Name 
Date  
1. 
Ms. Farah Naz Isfahani, MNA 
25.05.2012 
2. 
A. Rehman Malik, Senator 
04.06.2012 
3. 
Dr. Ahmad Ali Shah, MPA  
13.06.2012 
4. 
Mr. Muhammad Akhlaq, MPA  
13.06.2012 
5. 
Ms. Amna Buttar, MPA 
13.06.2012 
6. 
Ch. Zahid Iqbal, MNA 
25.06.2012 
7. 
Mr. Jamil Ahmad Malik, MNA 
03.07.2012 
8. 
Mr. Farhat Mehmood Khan, MNA  
04.07.2012 
9. 
Ms. Nadia Gabol, MPA  
04.07.2012 
 
5. 
 
M/s Muhammad Ashraf Chohan and Ch. Nadeem Khadim 
MPAs, after service prayed for adjournment by sending applications, 
which were allowed vide order of even date, but subsequently they did 
not deny the factum of having dual citizenship.  
6. 
 
On the other hand, vide orders dated 13.06.2012 & 
4.7.2012 proceedings against the persons at serial No.2, 3, 5, 8, 9, 
and 13 were dropped as no material was produced against them to 
show they possessed dual citizenship. Mr. Tariq Asad, ASC through 
CMA No. 2487 of 2012 claimed that Sardar Shahjehan Yousaf, MNA 
was the holder of dual citizenship, but when the latter contested the 
application through his counsel, the former withdrew his application 
Constitution Petition No.05/2012 
4 
and also tendered apology for leveling unsubstantiated allegation, 
therefore, no further proceedings are called for against Sardar 
Shahjehan Yousaf, MNA. 
7. 
  
It is to be noted that Mr. A. Rehman Malik vide letter dated 
19.4.2012 stated that he had renounced his citizenship of UK on 
25.03.2008. Contents of the letter are reproduced herein below: -  
 
“MINISTER FOR INTERIOR 
Government of Pakistan 
Islamabad 
SENATOR A. REHMAN MALIK 
 
No.I/PS/M/2012 
Dated: 19th April, 2012 
 
In Re: CONSTITUTION PETITION NO.5 OF 2012 
 
Syed Mehmood Akhtar Naqvi 
 
 
Petitioner 
 
 
 
 
 
Vs. 
 
The Federal Government through Secretary Law and others 
 
 
 
 
 
 
 
 
Respondents 
 
Please refer to your letter No.1(3)/2012-AGP dated 31st March 2012, 
concerning the above cited Constitutional Petition.  
 
In this regard, it may be informed that by virtue of my continuous 
exile in UK for nine years due to political victimization and life threats 
in Pakistan, which is a matter of public record, I was granted British 
nationality but I never renounced my Pakistani citizenship as dual 
nationality is allowed under the Pakistani law. However, I renounced 
my British nationality on 25.03.2008 before I held public office. I thus 
do not hold any other citizenship including of British nationality except 
that of Pakistani citizenship. 
 
Yours sincerely 
-sd- 
(Senator A. Rehman Malik) 
  
 
8. 
  
It is noteworthy that along with the above letter, no re-
enunciation form issued by the UK Border Agency was filed in terms of 
section 12(1) of the British Nationality Act, 1981 to substantiate the 
aforesaid claim. However, copy of letter dated 29.05.2012 issued by 
Constitution Petition No.05/2012 
5 
UK Border Agency was placed on record subsequently. The same is 
reproduced herein below: -  
“Home Office  
 
 
 
UK Border  
Agency 
 
Mr. A. R. Malik 
 
 
 
Our Ref    M751044 
25 Norfolk Crescent  
 
 
your Ref 
LONDON  
 
 
 
 
Date 
29 May 2012 
W22YS 
 
Dear Mr. Malik 
 
Renunciation of British Citizenship 
 
I am writing to inform you are now registered as having renounced 
British Citizenship.  
 
Enclosed is the Declaration of renunciation bearing a stamp of 
registration. This confirms the date on which you ceased to be a British 
Citizen under Section 12(1) of the British Nationality Act, 1981. 
 
Yours sincerely, 
 
-sd- 
Mrs CS Hughes 
Managed Migration, Nationality Group 
Department 73” 
 
9. 
  
Plea on his behalf was that he had applied to renounce his 
British citizenship on 25.04.2008 before contesting the election of 
Senate of Pakistan, but the UK Border Agency did not issue certificate 
of renunciation of citizenship and subsequently when this matter came 
up before the Court, the Solicitor in UK namely, PHI (Legal) confirmed 
that he had renounced his British citizenship through his application 
dated 25.04.2008. Alongwith letter, copies of the application form and 
cheque of HSBC dated 25.04.2008 in the name of Accounting Officer, 
Home Office, issued by Dr. Saeed Rehman were also annexed. 
Whereas according to British Nationality Act, 1981, when a person files 
application form, declaring that he wishes to renounce his British 
citizenship or other British status, UK Border Agency returns the copy 
of application form officially signed and stamped, together with the 
documents filed with it. Despite repeated directions and opportunities 
granted to him, Mr. A. Rehman Malik chose not to file these papers in 
Constitution Petition No.05/2012 
6 
Court. This aspect of the case, however, shall be discussed in the 
detailed order. 
10. 
 
Prima facie, it is apparent that Mr. A. Rehman Malik 
renounced his citizenship after the institution of the listed petition, as 
is evident from the contents of the letter dated 29.05.2012 wherein he 
was informed that he was “… now registered as having renounced 
British Citizenship”. In addition to it declaration of renunciation bearing 
stamp of registration was also enclosed in terms of legal provision 
noted therein. But, surprisingly the copies of this declaration were not 
placed on record despite the fact that the Court repeatedly directed for 
filing of the same. His membership as a Senator was suspended on 
04.06.2012, therefore, on account of this reason he could not continue 
as the Interior Minister of the Government of Pakistan. However, he 
was appointed as Advisor to the Prime Minister.  
11. 
  
It appears that to overcome the disqualification, he 
tendered resignation from the seat of Senate, which was accepted vide 
notification dated 11.07.2012 and against the vacant seat he 
participated in the fresh elections and was declared successful 
candidate vide notification dated 24.07.2012. In the meanwhile, he 
filed CMA No.3467/12 stating therein the following reason to resign 
from the membership of the Senate and to re-contest the election:- 
“That serious allegations were leveled by the opposition 
and carried by various media that laws were being 
amended for him, therefore, in order to dispel any such 
perception and in larger interest of democracy the 
applicant resigned as Member of the Senate of Pakistan 
under his signature on 9th July, 2012. The Senate has 
issued a notification of acceptance of resignation on 11th 
July, 2012. The same are placed on record.” 
 
  
Be that as it may, from the above facts it is established that having 
renounced the citizenship and upon issuance of letter dated 
29.05.2012 by the Home Office, UK Border Agency, he was satisfied 
Constitution Petition No.05/2012 
7 
that disqualification proved against him stood removed, therefore, he 
should occupy his seat in the Senate free from any disqualification. In 
this behalf, it is to be noted that knowing well that his British 
Nationality/citizenship did not stand renounced, he made a false 
statement before the Court and the petitioner filed petitions for 
initiating proceedings for contempt of Court against him, which shall 
be considered separately later on.  
12. 
  
The petitioner who appeared in person prayed to declare 
all the respondent Senators, MNAs or MPAs to be disqualified as they 
were holding those offices contrary to the provisions of Article 63(1)(c) 
of the Constitution. For convenience same is reproduced hereinbelow:- 
“63(1) 
A person shall be disqualified from being 
elected or chosen as, and from being, a member of the 
Majlis-e-Shoora (Parliament), if -  
(a)  … 
(b)  …. 
(c) 
he ceases to be a citizen of Pakistan, or acquires the 
citizenship of a foreign State”   
 
13. 
  
Mr. Waheed Anjum, ASC has appeared as intervenor and 
submitted a list of elected representatives, including those who 
admittedly were not disqualified as they had no dual citizenship, as 
such proceedings against them were dropped, detail of which has been 
mentioned hereinabove. It is important to note that in respect of Mr. 
Tariq Mehmood Alloana, MPA from Punjab, the matter was seriously 
contested by Mr. Alloana, but Mr. Waheed Anjum, ASC stuck to his 
stance. But later on, it was found that on the basis of false information 
supplied by the FIA, he was seeking his disqualification for being an 
MPA and when the matter was further probed and information was 
collected from FIA, it transpired that attempt was being made to get 
him disqualified with ulterior motives. As such directions were given to 
Constitution Petition No.05/2012 
8 
the Additional Registrar of this Court to lodge a criminal complaint 
against the concerned officers of FIA who had supplied incorrect 
information. Accordingly, on the application of Additional Registrar, 
Supreme Court, the case was registered on 04.07.2012. Proceedings 
against Mr. Alloana were, therefore, dropped.   
14. 
  
Learned Attorney General appeared on Court notice in 
terms of Order XXVIIA CPC and did not support the contentions of 
either the petitioner or of the intervenors.  
15. 
 
It has been emphasized by Mr. Waseem Sajjad, Sr. ASC 
appearing for Ms. Farah Naz Isfahani and learned Attorney General 
that under Article 63(1)(c) of the Constitution, the phrases, namely, 
“… … ceases to be a citizen of Pakistan”, or “acquires the citizenship of 
a foreign State” are to be read conjunctively and not disjunctively and 
the word ‘or’ appearing in between those phrases is to be read as ‘and’ 
because in such a situation, according to them, the Members of 
Senate, National Assembly and Provincial Assemblies having dual 
citizenship could continue in their offices without suffering from any 
such disqualification.   
16. 
 
After hearing the petitioner, learned Attorney General, 
learned counsel for the respondents and others, taking into 
consideration the relevant provisions of the Constitution reproduced 
hereinabove and the material available on record, we are persuaded to 
hold that if a candidate suffers from pre or post disqualification under 
Article 63(1)(c) of the Constitution, no sooner such disqualification as 
envisaged under the said Article is attracted, becomes and is 
disqualified from being elected or chosen, and from being a Member of 
the Malis-e-Shoora (Parliament). These provisions have to be 
construed strictly by interpreting the same in view of the established 
Constitution Petition No.05/2012 
9 
principle of interpretation by assigning plain and simple meanings to 
the words and phrases used therein and avoiding any substitution 
thereof as the same is not within the ambit of this Court.  
17. 
 
It is to be noted that a candidate, while filing nomination 
papers signs a declaration on oath to the following effect: -  
“DECLRATION AND OATH BY THE PERSON NOMINATED 
 
1. 
I, the above mentioned candidate, hereby declare on 
oath that, —  
(i) 
I have consented to the above nomination and 
that I fulfill the qualifications specified in Article 62 of 
the Constitution and I am not subject to any of the 
disqualifications specified in Article 63 of the 
Constitution or any other law for the time being in 
force for being elected as a member of the National 
Assembly/Provincial Assembly.  
 
18. 
   
The above declaration is applicable to the candidates of 
membership of Parliament and Provincial Assemblies, therefore, 
whoever signs such a declaration is meant to be fully aware of the 
constitutional provisions and after signing the said declaration if the 
same turns out to be false, he makes himself liable to be disqualified 
from being elected or chosen as Member of the Majlis-e-Shoora 
(Parliament) or a Provincial Assembly for making misstatement or 
concealment of fact, and also exposes himself to criminal proceedings 
contemplated under sections 193, 196, 197, 198 and 199 PPC.  
 19.  
In view of the constitutional provisions under Article 
63(1)(c) & (p) of the Constitution read with section 99(1)(f) of the 
Representation of the People Act, 1976 it is to be seen as to whether 
their cases are to be dealt with by the Speaker/Chairman under Article 
63(2) or by the Election Commission under Article 63(3) or are to be 
de-notified by the Election Commission after having been declared to 
Constitution Petition No.05/2012 
10 
be disqualified from being a member of Majlis-e-Shoora or Provincial 
Assemblies. This Court has earlier dealt with this matter in the case of 
Syed Yousaf Raza Gillani in Constitution Petition No. 40 of 2012, etc. 
He was convicted by a 7-Member Bench vide judgment dated 
26.04.2012 for contempt of Court under Article 204(2) of the 
Constitution read with section 3 of the Contempt of Court Ordinance, 
2003 and sentenced under section 5 of the said Ordinance and the 
reference filed by one Maulvi Iqbal Haider before the Speaker of 
Assembly to declare him disqualified under Article 63(2) was answered 
in the negative. Thereafter, the ruling of the Speaker was challenged 
before this Court through Constitution Petitions which were allowed 
and while dealing with the similar issue, the Court vide judgment 
dated 19.06.2012 held as under: -   
“As a Bench of 7 Hon’ble Judges vide judgment dated 
26.04.2012 followed by the detailed reasons released on 
08.05.2012 has found Syed Yousaf Raza Gillani guilty of 
contempt of Court under Article 204(2) of the Constitution 
of the Islamic Republic of Pakistan, 1973 read with section 
3 of the Contempt of Court Ordinance, 2003 and sentenced 
him to undergo imprisonment till rising of the Court under 
section 5 of the said Ordinance, and since no appeal was 
filed against this judgment, the conviction has attained 
finality. Therefore, Syed Yousaf Raza Gillani has become 
disqualified from being a Member of the Majlis-e-Shoora 
(Parliament) 
in 
terms 
of 
Article 
63(1)(g) 
of 
the 
Constitution 
on 
and 
from 
the 
date 
and 
time 
of 
pronouncement of the judgment of this Court dated 
26.04.2012 with all consequences, i.e. he has also ceased 
to be the Prime Minister of Pakistan with effect from the 
said date and the office of the Prime Minister shall be 
deemed to be vacant accordingly;      
The Election Commission of Pakistan is required to issue 
notification of disqualification of Syed Yousaf Raza Gillani 
Constitution Petition No.05/2012 
11 
from being a member of the Majlis-e-Shoora w.e.f. 
26.4.2012.”  
 
20. 
 
Thus, for the reasons to be recorded later, we declare 
that:- 
(a) 
Ch. Zahid Iqbal, MNA, Ms. Farah Naz Isfahani, MNA, Mr. 
Farhat Mehmood Khan, MNA, Mr. Jamil Ahmad Malik, MNA, 
Mr. Muhammad Akhlaq, MPA(Punjab), Dr. Muhammad 
Ashraf Chohan, MPA (Punjab), Ms. Nadia Gabol, MPA 
(Sindh), Ch. Waseem Qadir, MPA (Punjab), Ch. Nadeem 
Khadim, MPA(Punjab), Ms. Amna Buttar, MPA (Punjab), Dr. 
Ahmad Ali Shah, MPA (Sindh) have been found disqualified 
from being members of Majlis-e-Shoora (Parliament) and 
Provincial Assemblies because of their disqualification 
under Article 63(1)(c) of the Constitution. 
 
(b) 
The Parliamentarians/Members of Provincial Assemblies, 
who have been declared to be disqualified, in view of the 
established fact that they have acquired the citizenship of 
Foreign States, therefore, no question has arisen, which is 
to be determined by the Chairman/Speaker. Thus, no 
reference under Article 63(2) is being made.  
 
(c) 
The Election Commission is directed to de-notify the 
respective 
memberships 
of 
Parliament/Assemblies 
of 
aforesaid persons.  
 
(d) 
All the Members of the Parliament/Provincial Assemblies 
noted above had made false declarations before the 
Election Commission while filing their nomination papers 
and as such appear to be guilty of corrupt practice in terms 
Constitution Petition No.05/2012 
12 
of Section 78 of Representation of Peoples Act, 1976, 
therefore, the Election Commission is directed to institute 
legal proceedings against them under section 82 of the Act 
read with sections 193, 196, 197, 198 and 199 PPC in 
accordance with law.  
 
(e) 
The members of Parliament/Provincial Assemblies noted 
hereinabove, being disqualified persons are directed to 
refund all monetary benefits drawn by them for the period 
during which they occupied the public office and had drawn 
their emoluments etc. from the public exchequer including 
monthly 
remunerations, 
TA/DA, 
facilities 
of 
accommodation along with other perks which shall be 
calculated in terms of money by the Secretaries of the 
Senate, National Assembly and Provincial Assemblies 
accordingly.  
 
(f) 
The amount, so recovered from all of them by respective 
Secretaries shall be deposited in the public exchequer 
within a period of two weeks and compliance report shall 
be sent to the Registrar.  
 
(g) 
As regards the case of Senator A. Rehman Malik, it may be 
noted that at the time of filing of nomination papers for 
election to the Senate held in the year 2008, he had made 
a false declaration to the effect that he was not subject to 
any of the disqualifications specified in Article 63 of the 
Constitution or any other law for the time being in force for 
being elected as a member of the Parliament/Provincial 
Assembly, therefore, reference will be required to be made 
Constitution Petition No.05/2012 
13 
to the Chairman Senate under Article 63(2) in view of the 
provision of section 99(1)(f) of the Act of 1976, which lays 
down that a person shall not be qualified from being 
elected or chosen as a member of an Assembly unless he 
is sagacious, righteous and non-profligate and honest and 
ameen. Mr. A. Rahman 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 within the contemplation of section 
99(1)(f) of the Act of 1976. Therefore, for such purposes 
Article 
63(p) 
is 
to 
be 
adhered 
to 
because 
the 
disqualification incurred by him is envisaged under the law, 
referred to hereinabove in view of his own statement that 
he had renounced his citizenship of UK whereas the fact 
remains that such renunciation along with declaration can 
only be seen as having been made on 29.05.2012.  
 
(h) 
Senator A. Rehman Malik is directed to refund all monetary 
benefits drawn by him upto 11.7.2012 for the period 
during which he occupied the public office in the same 
manner as directed in the case of other Parliamentarians 
noted above.  
 
(i) 
As Mr. A. Rehman Malik had made false declarations while 
filing 
his 
nomination 
papers 
before 
the 
Election 
Commission in the election held in the year 2008, 
therefore, the Election Commission is directed to institute 
Constitution Petition No.05/2012 
14 
legal proceedings against him as it has been directed in 
the case of above said parliamentarians.  
21. 
  
The Election Commission of Pakistan is also directed to 
examine the cases of the Parliamentarians and the members of 
Provincial Assemblies, individually, by obtaining fresh declaration on 
oath from all of them that they are not disqualified under Article 
63(1)(c) of the Constitution.  
22. 
 
The titled Constitution Petition is disposed of in the above 
terms. However, the Criminal Original Petitions are adjourned to a 
date in office.  
 
Chief Justice 
 
 
 
Judge 
 
 
 
Judge 
 
Announced on 20th September, 2012  
at Islamabad.  
 
 
 
 
 
APPROVED FOR REPORTING