 
 
IN THE SUPREME COURT OF PAKISTAN 
(ORIGINAL JURISDICTION) 
 
 
PRESENT: MR. JUSTICE MIAN SAQIB NISAR, HCJ 
 
 
MR. JUSTICE UMAR ATA BANDIAL 
MR. JUSTICE IJAZ UL AHSAN 
 
 
SUO MOTU CASE NO.3 OF 2018 
(Dual 
Nationality 
of 
Hon'ble 
Judges and Officials of Courts 
and Government Officials) 
 
   AND 
 
CIVIL PETITION NO.53-K OF 2018  
(Against 
the 
judgment 
dated 
14.12.2017 of the High Court of 
Sindh, Karachi passed in C.P.S-
1753/2016) 
 
   AND 
 
CIVIL MISCELLANEOUS APPLICATIONS NO.6853 AND 
6854 OF 2018 
 
 
 
S.M.C.3/2018: 
Dual Nationality of Hon'ble Judges and Officials of 
Courts and Government Officials 
 
 
 
C.P.53-K/2018: 
Muhammad Ibrahim Shaikh Vs. Government of 
Pakistan through Secretary M/o Defence etc. 
 
 
 
In attendance: 
Mr. Sajid Ilyas Bhatti, Addl. A.G.P. 
(Assisted by Barrister Minaal Tariq) 
Mr. Tariq Mehmood Jehangiri, AG Islamabad 
Mr. Qasim Ali Chohan, Addl.A.G., Punjab 
Mr. Shehryar Qazi, Addl. A.G., Sindh 
Mr. Zahid Yousaf Qureshi, Addl. A.G. KPK 
Mr. Ayaz Swati, Addl. AG, Balochistan 
Mr. Sajid Ahmed Abr o, Secretary Services, Sindh 
Mr. Kashif Bara, Dy. Secretary Services, Punjab 
Mr. M. Bashir Memon, D.G., FIA 
Dr. M. Rizwan, Director Immigration, FIA 
Mr. Qaiser Masood, Addl. Dir. Law, FIA 
(For FIA) 
Mr. Zulfiqar Ali, D.G. Projects, NADRA 
Mr. Mujahid Ali Khan, A.D. NADRA 
Mr. Umar Ali Khan, A.D. NADRA 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 2 :- 
 
(For NADRA) 
On Court’s Notice: 
Mr. Waqar A. Sheikh, ASC for  
Dr. Michele Tariq, Health Deptt. Pb. 
Mr. Faisal Shafait, NUST 
Mr. Zakir Hussain, NUST 
Mr. Muhammad Fahim, NUST 
Dr. M. Yousaf Miraj, Health Deptt. Pb. 
Dr. Ashma Khan, Health Deptt. Pb. 
Dr. Naeem Dilawar, Consultant, Labour Deptt. Pb. 
Dr. Ali Raza Khan, Health Deptt. Pb. 
Ms. Farzana Akram (Education Deptt. Pb.) 
Mr. Adnan Mehmood (NAB) 
Sardar Tariq Farid Gopang, ASC 
Barrister Talha Alizai, ASC 
Mr. Tariq Aziz, AOR 
(For PARCO) 
Mir Afzal Malik, ASC 
(For Dr. Jamshed Iqbal, Tahir Aziz Khan, Ms. Nabah Ali) (COMSATS) 
Mr. Amir Iqbal Basharat, ASC 
 
Mr. Zahoor ul Haq Chishti, ASC 
(For Dr. M. Shafique) 
Ch. Akhtar Ali, AOR  
(For Ms. Meena Kharal) 
Mr. Shahid Khalid, Legal Advisor 
Raja Abdul Ghafoor, AOR 
(For HEC) 
 
 
Amicus curiae: 
Mr. Shahid Hamid, Sr. ASC 
Mr. Shahzad Ata Elahi, ASC 
 
 
Date of Hearing: 
24.9.2018 
 
JUDGMENT 
 
 
MIAN SAQIB NISAR, CJ:- While hearing Civil Petitions No.3334 
and 3340 of 2016 pertaining to a service matter, the attention of this Court 
was drawn to the question of whether or not the petitioners (therein) had 
secured foreign nationality while they were on deputation; as a consequence 
vide order dated 17.01.2018 they were required to submit affidavits to the 
effect that they did not apply for or obtain any foreign nationality. Be that as 
it may, vide the said order, it was directed as under:- 
 
“…Mr. Sajid Ilyas Bhatti, learned DAG shall get in touch with 
the Secretary Establishment Division who is directed to provide 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 3 :- 
 
complete information to this Court by the next date of hearing 
as to how many civil servants working in BPS-17 and above, 
both at Federal and Provincial level, have dual nationality. 
Moreover, the Registrar(s) of the Supreme Court and all the 
High Courts shall also obtain information from the Hon’ble 
Judges of the superior Courts and also from the District Courts 
and to apprise the Court as to how many Judges have dual 
nationality…” 
 
The instant suo motu case arose out of the order ibid (whereas the said petitions 
were dismissed vide order dated 13.02.2018) and the respective Registrars of the 
Supreme Court and all the High Courts filed their replies and we took 
cognizance of the matter regarding dual nationality of all Government 
employees, both Federal and Provincial, above the rank of BPS-17, including 
those working in all the Ministries, Divisions, Departments, autonomous and 
semi-autonomous bodies1, etc. Vide order dated 05.03.2018 we constituted a 
Committee headed by the Director General, Federal Investigation Agency 
(FIA) and including the Chairman, National Database Registration Authority 
(NADRA); Director General, Immigration and Passports; Secretary, Ministry of 
Interior; Additional Secretary, 
Establishment Division; and Member 
(Administration), Federal Board of Revenue (FBR). The Committee worked 
hard to collect the requisite data and the respective heads of all the 
concerned Government departments, etc. were also required to submit duly 
signed and verified affidavits to this Court that the particulars of all the 
officers (BPS-17 and above) working under their administrative jurisdiction had 
been provided. An executive summary of the final report is scanned as 
under:- 
                                       
1 A list of bodies is provided in the order dated 27.06.2018. 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 4 :- 
 
 
 
 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 5 :- 
 
It transpired that 24 persons working in various Government departments, 
etc. were foreign nationals; upon issuance of notices some of them appeared 
and made their submissions (the case to their extent shall be discussed later in this 
opinion). Be that as it may, the list of such persons is scanned as under:- 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Mr. Khalid Jawaid Khan, ASC, the then learned Attorney General and Mr. 
Shahid Hamid, Sr. ASC and Mr. Shahzad Ata Elahi, ASC (the latter two were 
appointed as amici curiae in this case) assisted this Court on the current legal status 
of dual nationals or those persons who do not hold Pakistani citizenship or 
who have spouses who are either dual nationals or foreigners and who are 
employed in the Federal and/or Provincial service and in autonomous 
statutory bodies or companies which are governed/owned/controlled by the 
Federal or Provincial Governments and suggested what further steps may be 
taken in this regard. Their respective submissions for the sake of brevity 
shall not be recorded separately, rather shall be reflected in the course of 
this opinion.  
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 6 :- 
 
 
Constitutional provisions on the service of Pakistan 
 
2. 
 
Article 27(1) of the Constitution of the Islamic Republic of 
Pakistan, 1973 (Constitution) provides as a fundamental right with specific 
references to the service of Pakistan, that:- 
 
“No citizen otherwise qualified for appointment in the service 
of Pakistan shall be discriminated against in respect of any 
such appointment on the ground only of race, religion, caste, 
sex, residence or place of birth:” 
[Emphasis supplied] 
 
Article 260(1) of the Constitution defines “service of Pakistan” as under:- 
 
“…any service, post or office in connection with the affairs of 
the Federation or of a Province, and includes an All-Pakistan 
Service, service in the Armed Forces and any other service 
declared to be a service of Pakistan by or under Act of Majlis-e-
Shoora (Parliament) or of a Provincial Assembly, but does not 
include service as Speaker, Deputy Speaker, Chairman, Deputy 
Chairman, Prime Minister, Federal Minister, Minister of State, 
Chief 
Minister, 
Provincial 
Minister, 
Attorney-
General, Advocate-General, 
Parliamentary 
Secretary, 
Chairman or member of a Law Commission, Chairman or 
member of the Council of Islamic Ideology, Special Assistant to 
the Prime Minister, Adviser to the Prime Minister, Special 
Assistant to Chief Minister, Adviser to a Chief Minister or 
member of a House or a Provincial Assembly;” 
 
The phrase “service of Pakistan” has been elaborately discussed in the 
judgment reported as Muhammad Mubeen-us-Salam and others Vs. 
Federation of Pakistan and others (PLD 2006 SC 602). Articles 240 to 242 
of the Constitution, contained in Chapter 1 titled “Services”, relate to the 
appointments of persons to the service of Pakistan, whereas the terms and 
conditions of such persons are to be determined by the Parliament and the 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 7 :- 
 
Provincial Assemblies as appropriate. The said Articles provide for the 
creation of Public Service Commissions at the Federal and Provincial level. It 
is important to note that no specific qualification or disqualification has been 
prescribed in the Constitution regarding the nationality of persons to be 
appointed to the service of Pakistan. Therefore, there is neither a 
constitutional requirement for a person in the service of Pakistan to be a 
citizen of Pakistan, nor a specific constitutional disqualification in this 
regard. 
3. 
 
By way of contrast there are specific constitutional qualifications 
and disqualifications with respect to elected representatives of the National 
Assembly, Senate and Provincial Assemblies:- 
 
“62. Qualifications for membership of Majlis-e-Shoora 
(Parliament): (1) A person shall not be qualified to be elected 
or chosen as a member of Majlis-e-Shoora (Parliament) unless– 
(a) 
he is a citizen of Pakistan; 
 
63. Disqualifications for membership of Majlis-e-Shoora 
(Parliament): (1) A person shall be disqualified from being 
elected or chosen as, and from being, a member of the Majlis-e-
Shoora (Parliament), if:– 
(c) 
he ceases to be a citizen of Pakistan, or acquires the 
citizenship of a foreign State; or 
 
113. Qualifications and disqualifications for membership of 
Provincial Assembly. The qualifications and disqualifications 
for membership of the National Assembly set out in Articles 62 
and 63 shall also apply for membership of a Provincial 
Assembly as if reference therein to “National Assembly” were a 
reference to “Provincial Assembly”.” 
[Emphasis supplied] 
 
With respect to the appointment of Judges of the Supreme Court and High 
Courts of Pakistan, Articles 177 and 193 provide:- 
 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 8 :- 
 
“177. Appointment of Supreme Court Judges. (2) A person 
shall not be appointed a Judge of the Supreme Court unless he 
is a citizen of Pakistan… 
 
193. Appointment of High Court Judges. (2) A person shall not 
be appointed a Judge of a High Court unless he is a citizen of 
Pakistan…” 
[Emphasis supplied] 
 
The Constitution does not require a person in the service of Pakistan to take 
oath while assuming office. Only members of the armed forces are required 
to take oath while assuming office. In this regard, Article 244 of the 
Constitution and the relevant oath contained in the Third Schedule read as 
under:- 
 
“244. Oath of Armed Forces. Every member of the Armed 
Forces shall make oath in the form set out in the Third 
Schedule. 
 
 
 
Third Schedule 
Oaths of Office 
Members of the Armed Forces 
[Article 244] 
(In the name of Allah, the most Beneficent, the most Merciful.) 
 
I, __________, do solemnly swear that I will bear true faith and 
allegiance to Pakistan and uphold the Constitution of the 
Islamic Republic of Pakistan which embodies the will of the 
people, that I will not engage myself in any political activities 
whatsoever and that I will honestly and faithfully serve Pakistan 
in the Pakistan Army (or Navy or Air Force) as required by and 
under the law. 
 
May Allah Almighty help and guide me (A’meen).” 
 
Statutory provisions on the service of Pakistan 
 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 9 :- 
 
4. 
 
We now consider whether there are any other statutory 
provisions governing the service of Pakistan which provide conditions of 
citizenship/nationality. 
Federation of Pakistan 
5. 
 
The Civil Servants Act, 1973 (Civil Servants Act) does not provide for 
any citizenship requirements. It is interesting to note that in 2013, the Civil 
Servants (Amendment) Bill, 2013 was tabled in the Senate in terms of which 
the following amendment was proposed in Section 9(1) of the Civil Servants 
Act in the form of a second proviso thereto:- 
 
“Provided further that a civil servant holding dual nationality 
or citizenship of any foreign country shall not be entitled for 
promotion to posts in Basic Pay Scale 20 or equivalent and 
above.” 
 
But this Bill was not passed by Parliament.  
Rule 13 of the Civil Servants (Appointment, Promotion and Transfer) 
Rules, 1973 provides that:- 
“13. A candidate for appointment shall be a citizen of 
Pakistan: 
 
 
Provided that this requirement may be relaxed with the 
approval of the Establishment Division: 
 
Provided further that, in the case of candidates to be 
appointed on temporary basis to posts in the Pakistan Missions 
abroad, such relaxation shall not be accorded for a period of 
(sic) exceeding one year at a time.” 
[Emphasis supplied] 
 
6. 
 
The Government Servants (Marriage with Foreign Nationals) 
Rules, 1962 apply to the following persons:- 
 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 10 :- 
 
“1. Short title, application and commencement.—(2) They 
shall apply to every person who is a member of an All-Pakistan 
Service or who is serving in a civil capacity in connection with 
the affairs of the Federal Government, but shall not apply to 
any person who is employed on contract.” 
 
Rule 3 of the said Rules provides as under:- 
 
3. Marriage with Foreign nationals prohibited.–(1) Subject to 
the provisions of sub-rule (2), a government servant who 
marries or promises to marry a foreign national shall be guilty 
of misconduct and render himself liable to any of the major 
penalties under the Government Servants (Efficiency and 
Discipline) Rules, 1973. 
 
(2) 
A government servant, may with the prior permission of 
the Federal Government marry or promise to marry a foreign 
national of any country recognized by Federal Government. 
 
(3) 
The grant of permission under sub-rule (2) shall be at 
the discretion of the Federal Government, and may be subject to 
such conditions, if any, as it may specify.” 
[Emphasis supplied] 
According to Rule 2(a) of the said Rules, “foreign national” means:- 
 
“2. Definitions.– In these rules, unless there is anything 
repugnant in the subject or context:- 
 
(a) 
“foreign national” means a person who is not a citizen 
of Pakistan;” 
[Emphasis supplied] 
 
7. 
 
With respect to the armed forces as a general rule, no person 
who is not a citizen of Pakistan is eligible for employment therein. In this 
regard, Sections 10, 12 and 10 of the Pakistan Army Act, 1952, the Pakistan 
Air Force Act, 1953 and the Pakistan Navy Ordinance, 1961, respectively 
provide as follows:- 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 11 :- 
 
 
“10. Ineligibility of aliens for service in the Army. No person 
who is not a citizen of Pakistan shall, except with the consent 
of the Federal Government signified in writing, be granted a 
commission or warrant or be enrolled in the Pakistan Army. 
 
12. Ineligibility of aliens for enrolment. No person who is not 
a citizen of Pakistan shall, except with the consent of the 
Federal Government signified in writing, be granted a 
commission or a junior commission or be enrolled in the Air 
Force. 
 
10. Eligibility for employment. No person who is not a citizen 
of Pakistan shall except with the consent of the Central 
Government signified in writing, be eligible for appointment or 
enrolment in the Pakistan Navy.” 
[Emphasis supplied] 
 
The aforesaid three statutes do not contain any provisions prohibiting or 
even imposing any restrictions on marriage with foreign nationals, as is the 
case with the other persons in the service of Pakistan (as mentioned above) and 
the Provinces (as shall be seen below). 
Province of Punjab 
8. 
 
With respect to the Province of Punjab, the Punjab Civil Servants 
Act, 1974 does not provide for any citizenship requirements. However, Rule 
19(1) of the Punjab Civil Servants (Appointment and Conditions of Service) 
Rules, 1974 requires that:- 
 
“19. (1) No person shall be appointed to a post unless he is a 
citizen of Pakistan: 
 
 
Provided that this restriction may be relaxed by 
Government in suitable cases. 
[Emphasis supplied] 
 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 12 :- 
 
9. 
 
With respect to spouses of civil servants of the Province of 
Punjab, Rule 19(2) of the Punjab Civil Servants (Appointment and Conditions 
of Service) Rules, 1974 provides that:- 
 
19. (2) No person, who has married a foreign national shall be 
appointed to a post: 
 
 
Provided that this restriction may be relaxed by 
Government in case of a person who has married a citizen of 
India or citizen of Bangladesh.” 
[Emphasis supplied] 
 
Furthermore, there are the Punjab Civil Servants (Restriction on Marriages 
with Foreign Nationals) Rules, 2011 which apply to the following:- 
 
“1. Short title, commencement and application,- (3) They shall 
apply to the civil servants as defined in the Punjab Civil 
Servants Act 1974 and to such other persons as are regulated 
by the rules framed under the Act.” 
 
Rules 3 and 4 of the said Rules provide that:- 
 
“3. Prohibition on marriage with Foreign National.- Save as 
provided in rule 4, a Government Servant who marries or 
promises to marry a foreign national shall be guilty of 
misconduct and shall be liable to any of the major penalties 
under the Punjab Employees (Efficiency, Discipline and 
Accountability) Act, 2006 (XII of 2006). 
 
4. Permission to marry a foreign national.- (1) A Government 
servant may, with the prior permission of the Government, 
marry or promise to marry a foreign national of any country 
recognized by the Federal Government for the purpose. 
 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 13 :- 
 
(2) 
The grant of permission under sub-rule (1) shall be at 
the sole discretion of the Government and shall be subject to 
such conditions, if any the Government may specify. 
 
(3) 
The discretion under sub-rule (2) shall be exercised if 
the circumstances or public interest so warrant and after 
recording reasons in writing.” 
[Emphasis supplied] 
 
According to Section 2 of the said Rules, “foreign national” means:- 
 
“2. Definitions.- In these rules, unless the context otherwise 
requires, the following expressions shall have the meaning 
hereby respectively assigned to them, that is to say: 
 
(a) “foreign national” means a person who is not a national of 
Pakistan;” 
[Emphasis supplied] 
 
Province of Sindh 
10. 
 
With respect to the Province of Sindh, the Sindh Civil Servants 
Act, 1973 does not provide for any citizenship requirements. However, Rule 
13 of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 
1974 provides that:- 
 
“13. A candidate for appointment shall be a citizen of Pakistan 
and a domicile of the Province of Sindh. 
 
Provided that this requirement may be relaxed with the 
approval of the Services and General Administration 
Department.” 
[Emphasis supplied] 
 
11. 
 
As far as spouses of civil servants of the Sindh Government are 
concerned, Rule 2 of the Sind Civil Servants (Restriction on Marriage with 
Foreign Nationals) Rules, 1982 states as under:- 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 14 :- 
 
 
“2. (1) Subject to the provisions of sub-rule (2), a civil servant 
who marries or promises to marry a foreign national shall be 
guilty of misconduct and render himself liable to any of the 
major penalties specified in the Sind Civil Servants (Efficiency 
& Discipline) Rules, 1973.  
 
(2) 
A civil servant may, with the prior permission of the 
government, marry or promise to marry a foreign national of 
any country recognized by Federal Government. 
 
(3) 
The grant of permission under sub-rule (2) shall be at 
the discretion of the Government and may be subject to such 
conditions, if any, as it may specify.” 
[Emphasis supplied] 
 
Province of Khyber Pakhtunkhwa 
12. 
 
As regards the Province of Khyber Pakhtunkhwa (KPK), as with 
the Provinces of Punjab and Sindh, the Khyber Pakhtunkhwa Civil Servants 
Act, 1973 does not contain any provisions relating to citizenship of civil 
servants of the Government of KPK. Nonetheless, Rule 11(1) of the Khyber 
Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 
1989 provides as follows:- 
 
“11. Eligibility. (1) A candidate for appointment shall be a 
citizen of Pakistan and bona fide resident of the Khyber 
Pakhtunkhwa. 
 
Provided that for reasons to be recorded in writing, 
Government may, in a particular case, relax this restriction.” 
[Emphasis supplied] 
 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 15 :- 
 
13. 
 
With respect to spouses, the West Pakistan Government 
Servants (Restrictions on Marriages with Foreign Nationals) Rules, 19632 are 
germane, Rule 1(3) whereof reads as follows:- 
 
“1. Short title, commencement and application:- (3)  They 
shall apply to all Government servants under rule making 
authority of the Governor of West Pakistan other than the 
persons employed on contract basis.” 
 
Rules 3 and 4 of the said Rules state as under:- 
 
3. Prohibition on marriages with foreign nationals:- Save as 
provided in rule 4, a Government servant who marries or 
promises to marry a foreign national shall be guilty of mis-
conduct and shall be liable to be removed from service. 
 
4. Permission to marry a citizen of India:- *(1) A Government 
servant may, with the prior permission of Government marry or 
promise to marry a person who is a citizen of India.  
 
(2) 
The grant of permission under sub-rule(1) shall be at 
the sole discretion of Government and shall be subject to such 
conditions, if any, as may be specified by Government. 
 
*Note:- This concession is also extended to the nationals of 
Bangladesh 
vide 
Khyber 
Pakhtunkhwa 
Notification 
No.SORI(S&GAD)4-1/80(Vol.III), dated 21.5.97.” 
 
Rule 2(a) of the said Rules defines a “foreign national” as:- 
 
“2. Definition:- In these rules, unless the context otherwise 
requires, the following expression shall have the meanings 
hereby respectively assigned to them, that is to say- 
 
(a) “Foreign national” means a person who is not a national 
of Pakistan.” 
                                       
2 Applicable to KPK as per the KPK Estacode. 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 16 :- 
 
[Emphasis supplied] 
 
Province of Balochistan 
14. 
 
Finally, adverting to the Province of Balochistan, as with the 
other Provinces, the Balochistan Civil Servants Act, 1974 does not contain 
any provisions with respect to the citizenship of civil servants. However, Rule 
9 of the Balochistan Civil Servants (Appointment, Promotion and Transfer) 
Rules, 2009 states that:- 
 
“9. (4) A candidate for appointment shall be the citizen of 
Pakistan and a domicile/local of the Province of Balochistan.” 
[Emphasis supplied] 
 
Notably however, unlike the corresponding provisions contained in the Civil 
Servants (Appointment, Promotion and Transfer) Rules, 1973, the Punjab 
Civil Servants (Appointment and Conditions of Service) Rules, 1974, the 
Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 
and the Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and 
Transfer) Rules, 1989, there is no provision for relaxation of the foregoing 
restriction in the Balochistan Civil Servants (Appointment, Promotion and 
Transfer) Rules, 2009.  
15. 
 
As far as spouses are concerned, Rule 1(2) of the Balochistan 
Government Servants (Marriage with Foreign Nationals) Rules, 2011 provides 
as under:- 
 
“1. Short title, application and commencement.- (2) They shall 
apply to every person who is a member of a service of 
Government of Balochistan or who is serving in a civil capacity 
in connection with the affairs of the Provincial Government, but 
shall not apply to any person who is employed on contract 
basis.” 
 
Rule 3 of the said Rules states that:- 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 17 :- 
 
 
“3. Marriage with Foreign Nationals prohibited.- (1) Subject 
to the provisions of sub-rule (2), a Government servant who 
marries or promises to marry a Foreign National shall be 
guilty of misconduct and render himself liable to remove (sic) 
from Service under the Balochistan Employees’ Efficiency and 
Discipline Act, 2011 or any other law/rules for the time being in 
force.  
 
(2) A Government servant may, with the permission of the 
Government, marry or promise to marry a Foreign National of 
any Country recognized by Federal Government.  
 
(3) The grant of permission under sub-rule (2) shall be at the 
discretion of the Government and may be subject to such 
conditions, if any, as it may prescribe.” 
[Emphasis supplied] 
 
Rule 2(d) of the said Rules defines “foreign national” as:- 
 
“2. Definitions.- In these rules, unless there is anything 
repugnant in the subject or context, 
 
(d) 
“Foreign National” means a person who is not a 
citizen of Pakistan within the meaning of the Pakistan 
Citizenship Act 1951 (Act No. II of 1951);” 
[Emphasis supplied] 
 
 
 
Law relating to autonomous/semi-autonomous bodies/organizations and companies etc. 
owned/controlled/governed by the Federal and/or Provincial Governments 
 
16. 
 
 There does not appear to be any general constitutional 
requirement or general statutory framework with respect to appointment in, 
and the terms and conditions of service of, persons employed in 
autonomous/semi-autonomous 
statutory 
bodies/organizations 
and 
companies etc. which are owned/controlled/governed by the Federal and/or 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 18 :- 
 
Provincial Governments. Such employees would generally not be considered 
to be in the “service of Pakistan” and therefore would not be governed by the 
laws and rules discussed above. We are fortified in this view by the Mubeen-
us-Salam case (supra). As such, the specific statute, law, rule or constitutive 
document applicable to each autonomous/semi-autonomous statutory 
body/organization and company etc. would need to be examined on an 
individual basis to identify whether there is any qualification or 
disqualification with reference to the nationality of its officers/employees as 
well as their spouses. By way of example, Rule 8(b) of the Pakistan WAPDA 
Common Cadre Administrative Posts Service Rules, 1980 provides that:- 
 
“8. Qualifications.- Except as otherwise decided by the 
Authority, by general or special order:- 
 
(a) No person shall be appointed to any post in the Service by 
initial recruitment, unless he possess (sic) the qualifications 
and experience prescribed for the post in column 3 of the 
Appendix to these Rules. 
 
(b) No person, not already in the service of the Authority, shall 
be appointed to a post in the Service unless he has satisfied 
the appointing authority with regard to his character and 
antecedents and has furnished a certificate of Pakistani 
Citizenship from the authority competent to issue such 
certificates in the appropriate form.” 
[Emphasis supplied] 
 
Law regarding foreign employment of ex-Government servants 
 
17. 
 
The provisions of Section 3 of the Ex-Government Servants 
(Employment with Foreign Governments) (Prohibition) Act, 1966 (Act of 1966) 
are relevant which read as under:- 
 
“3. Prohibition of employment, etc.__(1) No ex-Government 
servant shall, except with the previous permission in writing of 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 19 :- 
 
the Federal Government, or a person or authority authorised by 
it in this behalf seek or take up employment as an officer or 
servant of a foreign government or a foreign agency. 
(2) No ex-Government servant who is, at the commencement of 
this Act, in the service of a foreign government or a foreign 
agency shall, except with the permission in writing of the 
Federal Government, continue in such service after the expiry 
of three months from such commencement.” 
 
“Ex-Government servant” has been defined in Section 2(a) of the Act of 1966 
to mean:- 
 
“…any person who was, at any time, appointed or employed as 
an officer or servant of the Federal Government or a 
Provincial Government and has ceased to be so appointed or 
employed.” 
 
 
The penalty for contravention of Section 3 of the Act of 1966 is provided in 
Section 4 thereof which reads as under:- 
 
“…imprisonment for a term which may extend to seven years or 
with fine which may extend to fifty thousand rupees, or with 
forfeiture of property, or with any two or more of the said 
punishments.” 
 
 
 
Laws on citizenship/nationality and dual nationality 
18. 
 
We shall now advert to the laws pertaining to citizenship and 
dual nationality. Before proceeding further, the following categorization of 
the aforementioned persons may prove to be expedient:- 
i. 
Dual nationals (Category A); 
 
ii. 
Those who are not Pakistani citizens but may be of 
Pakistani origin only (Category B); and 
 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 20 :- 
 
iii. 
Those whose spouses are either dual nationals or 
foreigners (Category C). 
 
Article 260 of the Constitution defines “citizen” as under:- 
 
“260. Definitions. (1) In the Constitution, unless the context 
otherwise requires, the following expressions have the meaning 
hereby respectively assigned to them, that is to say, 
“citizen” means a citizen of Pakistan as defined by law;” 
[Emphasis supplied] 
 
19. 
 
The Pakistan Citizenship Act, 1961 (Citizenship Act) provides for 
various types of citizenship including, inter alia, citizenship by birth (Section 4 
of the Citizenship Act), by descent (Section 5 of the Citizenship Act), by migration (Section 6 
of the Citizenship Act) and by naturalization (Section 9 of the Citizenship Act). However 
for our purposes, Section 14 of the Citizenship Act is germane which reads 
as follows:- 
 
14. Dual citizenship or nationality not permitted.— (1) Subject 
to the provisions of this section if any person is a citizen of 
Pakistan under the provisions of this Act, and is at the same 
time a citizen or national of any other country he shall, unless 
he makes a declaration according to the laws of that other 
country renouncing his status as citizen or national thereof, 
cease to be a citizen of Pakistan.  
 
(IA) 
Nothing in sub-section (1) applies to a person who has 
not attained twenty-one years of his age:  
 
(2) 
Nothing in sub-section (1) shall apply to any person who 
is a subject of an Acceding State so far as concerns his being a 
subject of that State.  
 
(3) 
Nothing in sub-section (1) shall apply, or shall be 
deemed ever to have applied at any stage, to a person who 
being, or having at any time been, a citizen of Pakistan, is also 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 21 :- 
 
the citizen of the United Kingdom and Colonies or of such 
other country as the Federal Government may, by notification 
in the official Gazette, specify in this behalf.  
 
(4) 
Nothing in sub-section (1) shall apply to a female citizen 
of Pakistan who is married to a person who is not a citizen of 
Pakistan.  
[Emphasis supplied] 
 
Upon a plain reading of Section 14(1) ibid, it is clearly beyond any doubt that 
as a general rule, a Pakistani citizen who is also a citizen/national of any 
other country shall lose his Pakistani citizenship unless he renounces his 
citizenship/nationality of the other country. However, there are certain 
exceptions to this general rule where the said provision shall not apply to a 
person who:- 
i. 
Has not attained the age of 21 years [Section 14(1A) ibid]; 
 
ii. 
Is not a subject of an Acceding State so far as concerns 
his being a subject of that State [Section 14(2) ibid]; 
 
iii. 
Being or having at any time been, a citizen of Pakistan, is 
also a citizen of the United Kingdom (UK) and Colonies, or 
of such other country as the Federal Government may, by 
notification in the Official Gazette, specify in this behalf 
[Section 14(3) ibid]; and 
 
iv. 
Is a female citizen of Pakistan who is married to a person 
who is not a citizen of Pakistan [Section 14(4) ibid]. 
 
In addition to the UK, which is specifically mentioned in Section 14(3) of the 
Citizenship Act, the Government of Pakistan has specified 18 other countries 
in terms of Section 14(3) ibid such that on acquisition of citizenship of these 
countries a Pakistani citizen does not automatically lose his Pakistani 
nationality as per Section 14(1) ibid. The list of countries3, including the UK, 
is as under:- 
i. 
UK; 
                                       
3 Obtained from the website of the Directorate General of Immigration and Passports, Ministry of Interior. 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 22 :- 
 
ii. 
France; 
iii. 
Italy; 
iv. 
Belgium; 
v. 
Iceland; 
vi. 
Australia; 
vii. 
New Zealand; 
viii. 
Canada; 
ix. 
Finland; 
x. 
Egypt; 
xi. 
Jordan; 
xii. 
Syria; 
xiii. 
Switzerland; 
xiv. 
Netherlands; 
xv. 
United States of America; 
xvi. 
Sweden; 
xvii. 
Ireland; 
xviii. 
Bahrain: and 
xix. 
Denmark. 
 
In other words, a Pakistani citizen who acquires the citizenship of a country 
other than the 19 countries (including the UK) falling under Section 14(3) ibid 
mentioned above, shall cease to be a Pakistani citizen unless he renounces 
his other nationality, by making a declaration according to the law of that 
country. However, it is clear that Pakistani citizens have the right to hold 
dual nationality, as has been held in the concurring note of Justice Jawwad 
S. Khawaja (as he was then) in the judgment reported as Syed Mehmood 
Akhtar Naqvi Vs. Federation of Pakistan (PLD 2012 SC 1089):-  
“We may clarify that section 14(1) of the Citizenship Act, 1951, 
confers upon Pakistani citizens the right to hold the citizenship 
of certain other countries without having to forego their 
Pakistani citizenship. The right, therefore, of Pakistani citizens 
to hold dual citizenship, as per law, remains very much a 
statutory right vested in them.” 
 
20. 
 
It is pertinent to note that there are no guidelines in respect of 
the discretion available to the Federal Government under Section 14(3) of the 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 23 :- 
 
Citizenship Act. The statute does not provide the grounds for exercising the 
executive power of specifying as to which countries Section 14(1) of the 
Citizenship Act would not apply. This was broadly the argument made by the 
learned amici curiae in the judgment of the learned Lahore High Court 
reported as Umar Ahmad Ghumman Vs. Government of Pakistan and 
others (PLD 2002 Lahore 521). Regardless of the fact that in the intra-
Court appeal filed against the cited judgment the learned Division Bench 
seized thereof dismissed the writ petition as having been withdrawn, we are 
unable to subscribe to the view set out in the judgment passed in the writ 
petition in Umar Ahmad Ghumman’s case (supra) that the citizens of 
Pakistan can retain their citizenship provided the Municipal Law of the other 
country, nationality of which is sought, does not prohibit dual nationality. 
This interpretation of linking Pakistani citizenship with reference to the law 
of another country cannot prevail keeping in mind the spirit and intent of 
Section 14 supra which is clear from a plain reading thereof. However, we 
are of the opinion that the unqualified power vested with the Government is 
inconceivable in the democratic government prevailing in Pakistan under the 
Constitution. Discretion ought to be guided and qualified in order to meet 
the requirements of sound administrative policy. Therefore while all the 
orders passed and notifications issued till date are kept intact and are valid 
for all intents and purposes, the Federal Government shall formulate the 
guidelines and parameters for the exercise of power under Section 14(3) 
supra.  
21. 
 
At the cost of repetition, persons in Category A are essentially 
citizens of Pakistan who are additionally also citizens of any of the 19 
countries mentioned above. There is no restriction in the Constitution on 
persons in Category A from being employed in the service of Pakistan. 
Furthermore, since persons in Category A are Pakistani citizens, they fulfil 
the requirements for employment as Federal and Provincial civil servants 
under the applicable rules as well as enrolment in the Army, Air Force and 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 24 :- 
 
Navy under the applicable Acts, as discussed in detail above. There also does 
not appear to be any general prohibition on persons in Category A being 
employed 
by 
or 
in 
autonomous/semi-autonomous 
statutory 
bodies/organizations 
and 
companies 
etc. 
which 
are 
owned/controlled/governed by the Federal and/or Provincial Governments. 
Certain restrictions could however exist in the specific statute, law, rule or 
constitutive document applicable to each body which would have to be 
examined on a case-to-case basis.  
 
Laws pertaining to foreigners (Pakistani and non-Pakistani origin) 
 
22. 
 
Section 2(a) of the Foreigners Act, 1946 (Foreigners Act) defines a 
foreigner as “a person who is not a citizen of Pakistan”. Foreigners have been 
granted certain benefits and some restrictions have also been imposed on 
them through various laws and rules, etc. Section 10 of the Foreigners 
Order, 1951 (Foreigners Order) promulgated under the Foreigners Act imposes 
certain restrictions on foreigners vis-à-vis employment and reads as follows:- 
 
“10. Restrictions on employment. No foreigner shall without 
the general or special permission in writing of the civil 
authority, enter any premises relating to, or be employed in, or 
in connection with-  
(1) 
Any undertaking for the supply to Government or to the 
public of light, petroleum, powers or water, or-  
 
(2) 
Any other undertaking which may be specified by the 
Central Government in this behalf.” 
[Emphasis supplied] 
 
According to the Ministry of Interior, it has not exercised its power under 
Section 10(2) of the Foreigners Order, as is evident from its letter dated 
31.07.2018 which is scanned as under:- 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 25 :- 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Certain restrictions have also been placed on the acquisition of land or 
landed property in Pakistan by foreigners vide Order dated 09.09.1984 [No. 
18/153/84-Poll.E(II)] issued by the Ministry of Interior under Section 3 of the 
Foreigners Act, 1946 which basically provides that no foreigner shall, 
directly or indirectly, acquire any land or any interest in land, without the 
previous written permission of the Federal or Provincial Government. Section 
3(d) of the Registration of Foreigners (Exemption) Order, 1966 exempts 
foreigners in the service of the Federal or Provincial Government (and his wife 
and children) from some of the requirements of the Registration of Foreigners 
Rules, 1966.  
23. 
 
Within the category of foreigners fall those persons who are not 
Pakistani citizens but are of Pakistani origin only. Pursuant to the provisions 
of Section 11 of the National Database and Registration Authority 
Ordinance, 2000 (Ordinance of 2000) read with the National Database and 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 26 :- 
 
Registration Authority (Pakistan Origin Card) Rules, 2002 (POC Rules), certain 
eligible foreigners of Pakistani origin and their eligible family members may 
obtain a Pakistan Origin Card (POC) on fulfillment of certain qualifications 
and requirements described in detail in Rules 2(d), 2(e), 3, 4 and 5 of the 
POC Rules. Rule 17 of the POC Rules confers certain benefits on POC 
holders, which (Rule) reads as under:- 
 
“17. Benefits for holder of card.- (1) During the validity of a 
card and without prejudice to any other rights, benefits, 
privileges or capacities enjoyed by, or available to, the holder 
of card, every holder of card validly issued to him under these 
rules- 
 
(a) 
may enter into Pakistan without a visa from such port or 
place, by such route and in accordance with such conditions, if 
any, as are prescribed for citizens of Pakistan under section 13 
of the Passports Act, 1974 (XX of 1974); 
 
(b) 
shall have permission to stay in Pakistan till the validity 
of the card; 
 
(c) 
shall, during his stay in Pakistan, be exempt as a 
foreigner from reporting to or registering with, any law 
enforcing or other governmental agency to whom or with which 
such report or registration in the capacity of a foreigner is 
otherwise required under any law in force in Pakistan; 
 
(d) 
may open bank accounts anywhere in Pakistan and 
transact business therein subject to fulfilment of the 
requirements of any other law for the time being in force; 
 
(e) 
may, subject to any other law for the time being in force, 
enter into transactions of purchase and sale of moveable or 
immoveable property anywhere in Pakistan and deal with and 
dispose of such property; and 
 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 27 :- 
 
(f) 
may use the card for establishing and proving his 
identity anywhere in Pakistan where a National Identity Card is 
required for the purpose. 
 
(2) 
The Authority may arrange for other lawful benefits, 
rights and privileges for holders of card, as it may deem fit, in 
association with governmental and private organizations or 
entities in order to incentivize their registration.” 
[Emphasis supplied] 
 
24. 
 
As examined in the earlier portion of this opinion, the 
Government has not exercised its power under Section 10(2) of the 
Foreigners Order to invoke the prohibition on employment in any 
undertaking of the Government. Accordingly, at present the concession 
applies to Federal and Provincial civil servants or persons who are in 
Category B being employed as Federal or Provincial civil servants. However, 
in the discussion that follows in paragraph No.27 below, such restriction 
may nevertheless be presumed of foreigners and persons in Category B by 
virtue of the rules framed under the respective Federal and Provincial Acts. 
25. 
 
Furthermore, while there is no prohibition in the Constitution on 
persons in Category B enrolling in the Pakistan Armed Forces, however, by 
virtue of the respective Acts governing the Pakistan Armed Forces, persons 
in Category B shall not, except with the permission of the Federal 
Government, enroll in the Army, Air Force or Navy. Additionally, any person 
enrolled in the Armed Forces shall be required to take an oath as specified in 
Article 244 read with the Third Schedule of the Constitution (see paragraph No.3 
of this opinion).  
26. 
 
There does not appear to be any general prohibition on persons 
in Category B being employed by or in autonomous/semi-autonomous 
statutory 
bodies/organizations 
and 
companies 
etc. 
which 
are 
owned/controlled/governed by the Federal and/or Provincial Governments. 
Restrictions may apply generally to certain kinds of employment, irrespective 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 28 :- 
 
of legal status/ownership/control of the employer (e.g. by virtue of Section 10 of the 
Foreigners Order as discussed above). Certain restrictions could exist in the specific 
statute, law, rule or constitutive document applicable to each body which 
would have to be examined on a case-to-case basis. 
27. 
 
We find it pertinent to mention that the views set out in 
paragraphs No.24 to 26 hereinabove are subject to the following discussion. 
Generally speaking, a person who is not a Pakistani citizen and is only of 
Pakistani origin is by definition a foreigner and thus would be subject to the 
same benefits, restrictions and limitations in Pakistan as a foreigner of non-
Pakistani origin. However, a foreigner of Pakistani origin is eligible to obtain 
a POC and thereafter enjoy certain rights/benefits specified in paragraph 
No.23 above. At this juncture we find it appropriate to consider an ancillary 
issue which potentially has far-reaching practical implications. A bare 
perusal of the Foreigners Act and the Foreigners Order suggests that the 
appropriate Government is given the power to invoke the general bar 
contained in Section 10(1) of the Foreigners Order upon the employment of 
foreigners in Pakistan. This only restriction on the employment of foreigners 
in Pakistan is contained in Section 10 of the Foreigners Order as mentioned 
in paragraph No.22 above. The effect of Section 10 ibid which is the law 
governing foreigners, regardless of their origin, is that they are, unless the 
appropriate Government specifies their employer to be subject to the 
statutory restriction and/or for which permission is required. However, it 
appears that Rule 17 of the POC Rules read with Section 10 of the 
Foreigners Order specifies only six “permissions” as mentioned in parts (a) to 
(f) of sub-Rule (1) of Rule 17 ibid to have been conferred upon POC holders. 
These do not include the right to employment in Pakistan (generally, and not 
specifically with respect to government service). The statutory prohibition under Section 
10 of the Foreigners Order accordingly triggers into effect to restrict the 
privileges excluded in Rule 17 ibid. Thus in effect, Rule 17(1)(a) to (f) of the 
POC Rules places a restriction on POC holders with respect to employment 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 29 :- 
 
in Pakistan that would not have otherwise been imposed on them had they 
not applied for a POC and remained as a foreigner of non-Pakistani origin 
allowed. This appears to be an anomaly whereby foreigners of Pakistani 
origin are not entitled to work in Pakistan by virtue of their POC whereas 
foreigners of non-Pakistani origin are (subject to, of course, work permit requirements). 
The foregoing interpretation of the law as it stands at present would mean 
that foreigners of Pakistani origin are not allowed to hold any sort of 
employment in Pakistan by virtue of their POC. We find the said legal 
position to be illogical, absurd and inherently inconsistent. Therefore we 
hereby place a beneficial construction on Rule 17(1) supra by holding that 
the general permission of working in Pakistan that foreigners have (subject to 
work permit requirements) is retained by those foreigners of Pakistani origin who 
hold POCs by virtue of the saving clause in the opening portion of Rule 17(1) 
ibid which provides that the holders of such cards would be entitled to the 
additional benefits provided therein “without prejudice to any other rights, benefits, 
privileges or capacities enjoyed by, or available to, the holder of card.” Thus it is 
categorically held that holders of POCs are allowed to work in Pakistan just 
as are any other foreigners (i.e. not entitled to POCs) as defined under the law.  
28. 
 
Be that as it may, this perhaps explains the list of 24 persons 
working in various Government departments, etc. submitted by the 
Committee constituted by this Court, who are considered to be foreign 
nationals. The foreign nationalities they hold are of countries which are not 
in the list of 19 countries of which dual nationality is allowed. It appears 
that the said persons have been able to secure employment on the basis of 
an identity card number issued to them by NADRA and printed on their 
POC. Furthermore, it has come to this Court’s notice that the relevant 
Pakistani authorities, including the Board of Investment (BOI), do not issue 
work permits to POC holders for the very same reason that they (the authorities) 
are under the impression that such persons are legally entitled to work in 
Pakistan. This practice was exemplified by Dr. Faisal Shafait, a foreign 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 30 :- 
 
national (at Serial No.10 in the list of 24 government officers with foreign nationality), who 
stated in Court that he personally approached BOI for the issuance of a work 
visa but his request was turned down on the ground that the BOI had never 
processed work visas for POC holders as according to them POC holders do 
not require a work visa and can legally work in Pakistan without the same. It 
seems that all the public and private organizations, and the general public 
for that matter, have been oblivious of the true legal position and hence have 
been employing POC holders and refusing to grant them work permits. 
Therefore the relevant authorities, including the Ministry of Interior, the 
Directorate General of Passports and Immigration, NADRA and BOI are 
directed to review their existing practice and procedures in light of the 
foregoing position and to facilitate the issuance of visa/work permits to all 
those POC holders who require the same. As this would affect all the POC 
holders who are currently working in Pakistan without a visa/work permit, 
such persons should apply for the same and the Ministry of Interior is 
directed to decide the applications in accordance with law within a period of 
two months, after which the law shall take its own course. Alternatively, the 
Federal Government may in conjunction with NADRA consider amending 
Rule 17(1) of the POC Rules to reflect the correct position of the law allowing 
POC holders to work in Pakistan by virtue of their POC divesting them of any 
requirement to separately apply for a work visa/permit as foreigners of non-
Pakistani origin are required to. The Federal Government is required to take 
a final decision in this regard within one month from the issuance of this 
order and till such decision is reached, the status quo shall be maintained.  
29. 
 
There are two more issues pertaining to POC holders. The first is 
whether Rule 17(1) of the POC Rules is valid as it provides certain 
substantive rights mentioned above which generally ought to be contained in 
the statute and not in the rules. The POC Rules have been framed “[i]n 
exercise of the powers conferred by section 44 of the National Database and Registration 
Authority Ordinance, 2000 (VIII of 2000), read with clause (b) of sub-section (4) of section 5, 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 31 :- 
 
section 8, section 11 and sub-section (3) of section 17 thereof…” which (provisions) read 
as under:- 
 
“44. Power to make rules.- The Federal Government may, by 
notification in the Official Gazette, make rules for carrying out 
the purposes of this Ordinance: 
 
Provided that… 
 
5. Purpose, objects, functions and power of the Authority.- (4) 
In particular and without prejudice to the generality of the 
foregoing powers and functions, the Authority– 
(b) 
may issue or renew, or cause to be issued or renewed, to 
any prescribed class or class of persons, including citizens, 
foreigners and emigrants, or to any prescribed class or classes 
of things, who have got themselves, or who or which have been, 
registered in the prescribed manner issued cards in the 
prescribed form and manner and on such criteria and for such 
period of validity thereof on such terms and conditions as may 
be prescribed and may receive applications therefor (sic) in the 
prescribed form; 
 
8. Registration of persons, etc.- (1) The Federal Government 
may by rules provide for the registration of different persons 
or classes thereof wherever they may be including citizens, 
foreigners and emigrants, and for different things or classes 
thereof whatever they may be and along therewith provide for 
the method of such registration, manner and form of 
applications to be made therefor (sic), fee or other sum to be 
charged therefor (sic). 
 
(2) 
Notwithstanding anything contained in any other law for 
the time being in force the Federal Government may, by rules, 
for the purpose of incentivizing registration of a particular class 
of persons under this Ordinance, provide for any right, interest, 
privilege, benefit, reward or other advantage, tangible or 
intangible, available under Pakistan Law, to be extended to, or 
made available to or withdrawn from such class of persons 
required to be registered under this Ordinance and such right, 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 32 :- 
 
interest, privilege, benefit reward or other advantage shall 
accordingly become extended, or available to or withdrawn 
from, as the case may be, to such class of persons. 
 
11. Pakistan Origin Cards.- The authority shall issue or renew, 
or cause to be issued or renewed, in the prescribed manner and 
on prescribed criteria, terms and conditions, cards to such 
prescribed class of foreigners and such prescribed class of 
citizens with dual nationality who have got themselves 
registered in the prescribed manner, in such form and with such 
periods of validity thereof upon payment of such fee in such 
form and manner as may be prescribed, to be called Pakistan 
Origin Cards and receive applications for registration therefor 
(sic) in the prescribed form. 
 
17. Surrender of cards.- (3) The Authority shall issue such 
receipt in relation to the card or certificate surrendered under 
this section in such form and manner and containing such 
information relating to the person whose card or certificate has 
been surrendered as may be prescribed.” 
[Emphasis supplied] 
 
The words “rules” and “prescribe” have been defined in the Ordinance of 
2000 as follows:- 
 
“2. Definitions.- In this Ordinance, unless there is anything 
repugnant in the subject or context,– 
(n) 
“prescribed” means prescribed by rules; 
(r) 
“rules” means rules made under this Ordinance;” 
[Emphasis supplied] 
 
The aforementioned provisions of the Ordinance of 2000, in particular 
Section 8(2) thereof, authorize the Federal Government to frame rules to 
provide such class of persons required to be registered under the said 
Ordinance, in this case eligible foreigners of Pakistani origin or eligible family 
members, with any right, interest, privilege, benefit, reward or other 
advantage (tangible or intangible) available under Pakistan Law. Therefore the 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 33 :- 
 
framing of the POC Rules including Rule 17(1) thereof conferring substantive 
rights onto certain persons was a valid exercise of power by the Federal 
Government.  
30. 
 
The second issue is with respect to Section 11 of the Ordinance 
of 2000 itself which authorizes NADRA to issue (or renew) POCs to “such 
prescribed class of foreigners and such prescribed class of citizens with dual nationality 
who have got themselves registered in the prescribed manner…” The vague aspect is the 
issuance of POCs to citizens with dual nationality as per Section 11 ibid. As 
held in this opinion, dual nationals are, for all intents and purposes, citizens 
of Pakistan according to the Citizenship Act. This legal position is also 
evident from the fact that dual nationals are issued National Identity Cards 
for Overseas Pakistanis (NICOP) which are identical to the regular National 
Identity Cards (NIC) issued to those who hold only Pakistani citizenship. The 
legal framework of the Ordinance of 2000 in this regard is as under:- 
 
“10.     National Identity Cards.—(1) The Authority 
shall issue or renew, or cause to be issued or renewed, 
in such manner and on terms and conditions, subject to 
every citizen who has attained the age of eighteen years 
and got himself registered under section 9, a card to be 
called National Identity Card in such form, with such 
period of validity upon payment of such fee in such form 
and manner as may be prescribed: 
⋮ 
 
19.     Cards necessary for certain purposes.—(1) No 
citizen who has attained the age of eighteen years but 
does not possess or produce a National Identity Card 
shall be granted a passport, permit or other travel 
document for going out of Pakistan. 
 
(2)      Any officer charged with the duty of conducting 
the poll at an election to the National Assembly or a 
Provincial Assembly or to a Municipal Committee, 
Cantonment Board or other local authority or body may, 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 34 :- 
 
for the purpose of satisfying himself as to the identity of 
any person, require such person to produce his National 
Identity Card. 
 
(3)      The Federal Government may, by notification in 
the Official Gazette, specify any other purpose for which 
the production of any card or certificate or receipt 
issued under this Ordinance shall be necessary. 
 
(4)      A card including a National Identity Card, issued 
to a person under this Ordinance shall be proof of his 
identity as could be established from the contents of such 
card for any purpose for which his identity is required to 
be established.” 
 
The relevant provisions of the National Database and Registration Authority 
(National Identity Card) Rules, 2002 (NIC Rules) are reproduced below:- 
 
“5. Registration.- All citizens shall get themselves registered 
with the Authority in accordance with section 9 of the 
Ordinance under these rules and the regulations. 
 
2. Definitions.- (1)(d) “citizen” means, for the purposes of 
these rules, a citizen of Pakistan who has attained the age of 
eighteen years and includes both a resident and a non-resident 
citizen; 
2. Definitions.- (1)(q) “resident citizen” means a resident 
citizen under rule 3; 
 
3. Resident citizen.- A citizen shall be a resident citizen if he is 
not a non-resident citizen. 
 
2. Definitions.- (1)(j) “non-resident citizen” means a non-
resident citizen specified in rule 4; 
 
4. Non-resident citizen.- (1) A citizen shall be a non-resident 
citizen if he,– 
(a) 
is an emigrant or intending emigrant; 
(b) 
is, or is intending to be, resident abroad; 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 35 :- 
 
(c) 
holds nationality or citizenship of any other country or 
state pursuant to sub-section (3) of section 14 of the Pakistan 
Citizenship Act, 1951 (II of 1951); or 
(d) 
holds an emigrant or resident visa, permanent or 
otherwise, or equivalent authorization, permit or status, as the 
case may be, of a foreign state or country.  
 
⋮ 
 
15. Benefits.- (1) Without prejudice to any other rights, 
benefits, privileges or capacities enjoyed by or available to a 
non-resident citizen specified in clause (c) of sub-rule (1) of 
rule 4 who simultaneously holds the nationality or citizenship 
of any other country or state together with his Pakistani 
citizenship, such non-resident citizen shall, upon issuance of 
the card to him in the form set out in Schedule II and during the 
period of validity of his said card, have the right to enter into 
Pakistan without a visa from such port or place, by such rout 
(sic) and in accordance with such conditions, if any, as are 
prescribed pursuant to section 13 of the Passport Act, 1974 (XX 
of 1974). 
 
(2) 
A card validly issued to a non-resident citizen in the 
form given in Schedule II shall be the conclusive proof of his 
being a citizen of Pakistan for the purposes of availing 
protection of the Government of Pakistan in any foreign 
country or state as a Pakistani citizen. The Federal 
Government shall recognize, afford and ensure full protection 
as citizens of Pakistan available under the law to all card 
holders abroad.  
 
(3) 
The Authority may arrange for and make available other 
lawful benefits, rights and privileges for holders of the card, as 
it may deem fit, in association with governmental, private 
organizations or entities in order to incentivize registration of 
the citizens under these rules.” 
[Emphasis supplied] 
 
According to the foregoing provisions, all citizens of Pakistan, resident or 
non-resident (the latter including dual nationals under Section 14(3) of the Citizenship Act) are 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 36 :- 
 
to be issued NICs and holders of such cards are to enjoy the same rights, 
privileges and benefits, etc. being citizens of Pakistan, with dual nationals 
enjoying the extra benefit of visa-free entry into Pakistan as per Rule 15 of 
the NIC Rules. Thus the mere mention of the phrase “such prescribed class of 
citizens with dual nationality” in Section 11 supra has created an anomaly. This 
anomalous position has also been candidly conceded by the NADRA officials 
who stated that an error had occurred when the Ordinance of 2000 was 
being drafted which had been overlooked and went unnoticed till such time 
as the NIC Rules and the POC Rules were framed and the system of issuing 
NICs and POCs was put in place once NADRA was set up and became 
functional. In light of the above, we find that the Federal Government should 
reconsider Section 11 of the Ordinance in light of the observations made 
above to remove the contradictions arising therefrom in the NADRA laws.  
31. 
 
In light of the above discussion, we now examine the position of 
the 24 government officers with foreign nationality. We have held that under 
the existing law such foreigners, albeit of Pakistani origin, are not allowed to 
become civil servants by virtue of the rules framed under the respective 
Federal and Provincial Acts, and similarly may not enroll in the Armed 
Forces by virtue of the respective Acts governing the Pakistan Armed Forces 
(save, in both cases, where permission has been granted by the competent authority where 
applicable); however there does not appear to be any general prohibition on 
such persons being employed by or in autonomous/semi-autonomous 
statutory 
bodies/organizations 
and 
companies 
etc. 
which 
are 
owned/controlled/governed by the Federal and/or Provincial Governments, 
save for the restrictions contained in Section 10 of the Foreigners Order, 
1951. In the absence of any specific restrictions in the specific statute, law, 
rule or constitutive document applicable to each body, such persons are 
theoretically entitled to work therein under the existing legal framework, 
until of course it is reconsidered by the Government (should that be the case). 
However since the legal position with respect to employment of POC holders 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 37 :- 
 
was unclear till date with the relevant authorities refusing to issue work 
visas to such persons, it is hereby held (as we had done in paragraph No.28) that 
should the Federal Government decide not to make the relevant 
amendments to Rule 17(1) of the POC Rules, they should apply for work 
visas and the concerned authority is directed to decide such applications in 
accordance with law within a period of two months, after which the law shall 
take its own course. However till the Federal Government takes a decision 
within one month either way, the status quo shall be maintained. It is 
worthy to note that at least two of the persons in the list, namely Dr. M. 
Yousaf Mairaj and Dr. M. Numan at Serials No.14 and 15 respectively, have 
stated that they do not hold Malaysian nationality as stated in the list, 
rather are Pakistani citizens but only hold Malaysian permanent residency. 
Be that as it may, they, along with any other person whose name has 
appeared incorrectly in the list as they hold Pakistani citizenship, are not 
required to apply for the work permit as mentioned above. 
 
Persons whose spouses have a nationality other than that of Pakistan 
 
32. 
 
This category needs to be divided into two sub-categories:- 
i. 
Persons whose spouses are dual nationals, i.e. the spouses are 
citizens of Pakistan and also citizens of any of the 19 countries 
with which Pakistan has arrangements for dual nationality 
(Category C1); 
 
ii. 
Persons whose spouses are foreigners (of Pakistani or non-Pakistani 
origin), i.e. not citizens of Pakistan (Category C2). 
 
There does not appear to be any restriction on or qualification of persons in 
Category C1 in terms of their employment as a Federal or Provincial civil 
servant or enrolment in the Army, Air Force or Navy. Since their spouses are 
citizens of Pakistan, they will not be considered to be “foreign nationals” 
within the meaning of the rules specified in paragraphs No.6, 9, 11, 13 and 
15 above.  
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 38 :- 
 
33. 
 
For persons in Category C2, the following restrictions appear to 
be applicable in terms of their employment as a Federal or Provincial civil 
servant:- 
i. 
For the Federation, a government servant who marries or 
promises to marry a foreign national shall be guilty of 
misconduct and render himself liable to any of the major 
penalties under the Government Servants (Efficiency and 
Discipline) Rules, 1973, unless prior permission of the Federal 
Government has been sought to marry or promise to marry a 
foreign 
national 
of 
any 
country 
recognized 
by 
Federal 
Government; 
 
ii. 
For Punjab, no person, who has married a foreign national shall 
be appointed to a post unless this restriction has been relaxed 
by the Provincial Government in case of a person who has 
married a citizen of India or Bangladesh; furthermore, a 
government servant who marries or promises to marry a foreign 
national shall be guilty of misconduct and shall be liable to any 
of the major penalties under the Punjab Employees (Efficiency, 
Discipline and Accountability) Act, 2006 (XII of 2006) unless 
prior permission of the Government is sought to marry or 
promise to marry a foreign national of any country recognized by 
the Federal Government for the purpose; 
 
iii. 
For Sindh, a civil servant who marries or promises to marry a 
foreign national shall be guilty of misconduct and render himself 
liable to any of the major penalties specified in the Sind Civil 
Servants (Efficiency & Discipline) Rules, 1973, unless prior 
permission of the Provincial Government is sought to marry or 
promise to marry a foreign national of any country recognized by 
Federal Government; 
 
iv. 
For KPK, a government servant may, with the prior permission 
of Government marry or promise to marry a person who is a 
citizen of India or Bangladesh; 
 
v. 
For Balochistan, a Government servant who marries or promises 
to marry a foreign national shall be guilty of misconduct and 
render himself liable to removal from Service under the 
Balochistan Employees’ Efficiency and Discipline Act, 2011 or 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 39 :- 
 
any other law/rules for the time being in force, unless prior 
permission of the Provincial Government is sought to marry or 
promise to marry a foreign national of any Country recognized 
by Federal Government.  
 
There does not appear to be any restriction on persons either in Category C1 
or C2 who are enrolled in the Army, Air Force or Navy. However if there are 
any internal notifications, office memorandums of SOPs issued by the 
competent authority providing for certain restrictions in this regard then 
they shall be accordingly applicable. 
34. 
 
While considering the POC Rules with respect to spouses of 
Pakistani citizens/foreigners of Pakistani origin, an ancillary matter came to 
this Court’s attention. According to Rule 4(5) of the POC Rules as originally 
promulgated, foreign spouses were allowed to be issued POCs. The said Rule 
read as under:- 
 
“4. Eligible foreigner of Pakistan origin.- (5) A foreigner who 
is married to a citizen of Pakistan shall, till the time he or she 
remains married to such citizen, also be an eligible foreigner of 
Pakistan origin: 
 
 
Provided that in case the citizen of Pakistan to whom 
such foreigner is married dies during the subsistence of their 
marriage, such foreigner shall continue to be an eligible 
foreigner of Pakistan origin till the time he or she contracts a 
second marriage: 
 
 
Provided further that such foreigner married to a citizen 
of Pakistan is- 
(i) 
not a citizen or national of India; 
(ii) 
not a citizen or national of a state or country not 
recognized by Pakistan; and 
(iii) 
not a citizen of any enemy country: 
 
Provided also that the Federal Government may, in 
special extraordinary circumstances and upon an application 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 40 :- 
 
made in this behalf by the concerned person, allow a foreigner 
married to a citizen of Pakistan not otherwise eligible under the 
second proviso, to be registered for an issued a card as an 
eligible foreigner of Pakistan origin and such person shall, 
upon issuance of the card and till the expiry or early 
termination of validity thereof for a reason other than such 
person’s ineligibility cured under this proviso, be treated as an 
eligible foreigner of Pakistan origin for all purposes under 
these rules.” 
 
However, the said rule was amended vide notification No.4/2/2012-NADRA 
dated 30.12.2015 according to which issuance of POCs to foreign spouses of 
Pakistani citizens was discontinued. Thereafter, considering the immense 
difficulties faced by foreign spouses of Pakistani citizens, the Ministry of 
Interior 
forwarded 
a 
summary 
for 
the 
Cabinet 
dated 
20.02.2018 
recommending therein (in paragraph No.5) withdrawal of the aforementioned 
notification along with restoration of the corresponding rule(s). The Cabinet 
vide its decision considered the aforesaid summary and approved the 
proposal contained in paragraph No.5 thereof, resultantly the said 
notification was withdrawn, and the rules were restored to their previous 
position. Despite this, the Ministry of Interior vide letter No.4/2/2012-
NADRA dated 08.03.2018 introduced the eligibility condition of five years of 
marriage in violation of the approval of the Federal Government (Cabinet) 
which had stipulated that the rules had been restored to the previous 
position as mentioned above. Since the power to make rules lies only with 
the Federal Government as per Section 44 of the NADRA Ordinance, the 
introduction of the condition of five years marriage by the Ministry of Interior 
is ultra vires, and therefore hereby set aside. 
 
Armed forces 
 
35. 
 
As far as the armed forces (military, naval and air forces and their allied 
departments) are concerned, according to the Secretary, Ministry of Defense, 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 41 :- 
 
recruitment of dual nationals is not permitted therein for which there exist 
relevant instructions/policies of the Army, Air Force and Navy; any dual 
nationals are required to surrender their foreign nationality prior to 
enrolment for induction in the armed forces of Pakistan. According to him, 
this position is reflected in the advertisements for recruitment and presently, 
there are no dual nationals recruited in such forces. However, as directed 
vide order dated 01.08.2018, the Secretary, Ministry of Defense, is required 
to continue the exercise to ascertain whether any dual nationals have been 
recruited in the armed forces on the basis of misdeclaration, concealment or 
non-disclosure and requisite action be taken in accordance with law by the 
concerned authority.  
36. 
 
With respect to General (R) Raheel Sharif, documents were filed 
showing No Objection Certificates (NOC) from the General Headquarters (GHQ) 
and the Ministry of Defence, but according to Section 3 of the Act of 1966, it 
is in fact the Federal Government (or a person or authority authorized by it in this behalf) 
which can grant permission to an ex-Government servant to seek or take up 
employment as an officer or servant of a foreign government or a foreign 
agency; and according to the law laid down by this Court in the judgment 
reported as Messrs Mustafa Impex, Karachi and others Vs. The 
Government of Pakistan through Secretary Finance, Islamabad and 
others (PLD 2016 SC 808) the Federal Government means the Cabinet and 
the said judgment was in the field when the NOCs were granted. Vide order 
dated 07.08.2018, the learned Attorney General for Pakistan and the 
Additional Secretary, Ministry of Defense were granted time to look into the 
matter and apply to the Federal Government for an ex-post facto 
NOC/permission. Let the Secretary, Ministry of Defense file a report in this 
regard within one month from the issuance of this judgment and in case the 
requisite NOC is not granted by the Federal Government within such time, 
the foreign employment of General (R) Raheel Sharif shall cease with 
immediate effect.  
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 42 :- 
 
37. 
 
As regards Lt. General (R) Ahmad Shuja Pasha, he has filed a 
duly signed certificate dated 25.09.2018 which is scanned as under:-  
 
 
Dual nationality and the issue of divided loyalty 
 
38. 
 
Contrary to what many may think, the purpose of this opinion 
was not to cast any sort of reservation, skepticism or mistrust against dual 
nationals or foreigners of Pakistani origin. The importance of the overseas 
Pakistani community cannot be overstated. In Syed Mehmood Akhtar 
Naqvi’s case4 (supra), Justice Jawwad S. Khawaja (as he was then) mentioned in 
his concurring note that:- 
 
“4. In fact, on numerous occasions in the recent past, this Court 
has expressed the national sentiment of gratitude for our 
expatriates, estimated to be in the range of 7 to 8 million in 
number. Most of them, particularly those working in Middle 
Eastern countries do not hold dual citizenship. These sons and 
daughters of Pakistan toil in foreign lands, away from their 
hearths, homes and loved ones and, in the process, provide an 
economic lifeline to Pakistan in these critical times. In the last 
financial year, these overseas Pakistanis remitted more than 
US$ 13 billion in hard cash, to bolster the economy of the 
country. This figure is slated to increase in the current financial 
year. Yet, at times, these hardworking and patriotic Pakistani 
                                       
4 PLD 2012 SC 1089. 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 43 :- 
 
expatriates receive short shrift and humiliating treatment from 
government agencies such as the Immigration and other 
services, Civil Aviation Authority (CAA) and the Overseas 
Pakistanis Foundation (OPF), when they return to Pakistan 
after months or even years away from home. This Court has 
taken suo moto notice (HRC No. 24770-G/2011) of the 
maltreatment which overseas Pakistanis receive at the hands of 
such authorities.” 
 
In the judgment reported as Ch. Nasir Iqbal and others Vs. Federation of 
Pakistan thr. Secy. Law and others (PLD 2014 SC 72) in which the 
Supreme Court held that the right to vote of overseas Pakistanis was a 
fundamental right guaranteed by the Constitution, it was observed that:- 
 
“…the Pakistani citizens living abroad earn money by working 
there and then send the same in the shape of foreign remittances 
to the country. In this manner, they contribute to the welfare of 
the state, well-being of the citizens and good governance of the 
country by providing financial support through their families 
living inside Pakistan.” 
 
The practical implementation of the right to vote of overseas Pakistanis was 
ensured recently vide order dated 17.08.2018 passed in Dr. Farhat Javed 
Siddique etc. Vs. Government of Pakistan etc. (Const. P. No.74/2015 
etc.).  
39. 
 
The foregoing is a clear indication of the fact that this Court has 
always held the interests of overseas Pakistanis in the highest esteem. We 
acknowledge the services rendered by the overseas community which is not 
only providing the much needed foreign remittances that contribute to the 
economy of Pakistan, but immense support by representing Pakistan before 
various international bodies and organizations. The overseas Pakistani 
community comprises of professionals including doctors, engineers, 
solicitors, accountants, etc. who have contributed vastly in their respective 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 44 :- 
 
professions while gaining respect and credibility for their motherland, 
Pakistan. We would like to bring it on the record that the nation is proud of 
its overseas community. With this background in mind, we would like to 
emphasize that the instant matter in which information was sought about 
dual nationals holding important posts in the Government is not directed 
against those patriotic overseas Pakistanis, rather it was an exercise 
prompted by the acts of those Pakistani government officials who acquired 
nationalities of other countries during their tenure without disclosing the 
same to the Government, and have transferred the proceeds of their 
corruption abroad, and also relocated their families and themselves post-
retirement while continuing to draw pension (themselves and their family members 
after their death) from the national exchequer. It is such people who have 
undermined the value of the bona fide overseas Pakistanis. It is clarified that 
the genuine overseas Pakistanis and their families and children are real 
assets of Pakistan and are more than welcome, rather we encourage them, to 
return to Pakistan to work in the public and private sectors to contribute as 
per their choice and experience. 
40. 
 
Be that as it may, there can be no two opinions that the issue of 
dual nationality does raise potential concerns regarding loyalty. At this point 
it would be relevant to consider Article 5 of the Constitution which reads as 
under:- 
 
“Loyalty to State and obedience to Constitution and law  
5. (1) Loyalty to the State is the basic duty of every citizen.  
(2) Obedience to the Constitution and law is the inviolable 
obligation of every citizen wherever he may be and of every 
other person for the time being within Pakistan.” 
[Emphasis supplied] 
 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 45 :- 
 
In Syed Mehmood Akhtar Naqvi’s case5 (supra), Justice Jawwad S. Khawaja 
(as he was then) discussed the concept of divided loyalty by stating in his 
concurring note that:- 
 
“6. 
When trying to understand the spirit behind Article 
63(1)(c), the first point that needs to be considered is the 
fiduciary role envisaged for members of Parliament in our 
Constitution. In a number of judgments, we have emphasized the 
notion that all state authority is in the nature of a “sacred 
trust” and its bearers should therefore be seen as fiduciaries. In 
Muhammad Yasin v. Federation of Pakistan (PLD 2012 SC 
132), we held that “holders of public office ... are, first and 
foremost fiduciaries and trustees for the People of Pakistan. 
And, when performing the functions of their Office, they can 
have no interest other than the interests of the honourable 
People of Pakistan...”. Parliamentarians, while acting as 
trustees and the chosen representatives of the people, take 
decisions which are often of grave consequence for the 
protection of the economic, political and over-all national 
interests of the people of Pakistan. In other words, theirs is a 
fiduciary duty of the highest order… 
 
7. 
It is well settled that the foremost obligation of a 
fiduciary is to show complete loyalty to the principal and to 
scrupulously avoid situations which may create a conflict of 
interest in the performance of such duty. Cognizant of this 
principle, our Constitution requires constitutional functionaries 
including members of the National Assembly, Senators and 
members of Provincial Assemblies to solemnly swear that they 
will “bear true faith and allegiance to Pakistan” and act 
“always in the interest of the sovereignty, integrity, solidarity, 
well-being and prosperity of Pakistan.” (Third Schedule, 
Constitution) 
 
8. 
It should be obvious that holding dual citizenship is 
likely to create situations for the holder where he faces a 
conflict of interest in the discharge of fiduciary duty to the 
people of Pakistan. The conflict of interest is particularly 
                                       
5 Ibid. 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 46 :- 
 
evident when the acquisition of foreign citizenship entails 
taking an oath of allegiance to the foreign state and 
renunciation of allegiance to Pakistan…Clearly, oaths of this 
nature, do conflict with the fiduciary obligation of unswerving 
and undivided loyalty to Pakistan and its people. It is hard to 
see how someone who has openly “renounce[d] and abjure[d]” 
all allegiance to Pakistan or who has sworn allegiance to a 
foreign monarch, can then be safely entrusted with the “sacred 
trust” of protecting the interests of the people of Pakistan. In 
sum, therefore, acquiring the citizenship of a foreign state does 
create a serious conflict of interest; such conflict of interest 
renders a person unsuited for discharging a fiduciary duty as 
onerous as being a public representative. This is precisely the 
spirit in which the framers have enacted Article 63(1)(c) of the 
Constitution, which prevents citizens who acquire the 
citizenship of another state from entering or remaining in 
Parliament and in the Provincial Assemblies.” 
[Emphasis supplied] 
 
Whether dual nationality ought to be recognized or not is a policy decision 
that varies from country to country. Developed countries such as USA have 
adopted a general policy of tolerance therefore blanket bans or rules against 
dual nationality are not in vogue. Instead, there are mechanisms of security 
clearance evaluations and determinations in accordance with government-
wide orders and standards.6 However in Pakistan, Section 14 of the 
Citizenship Act imposing a blanket ban against dual nationality from its very 
inception indicated a less tolerant approach towards this concept (of dual 
nationality). It was only 21 years later through the Pakistan Citizenship 
(Amendment) Act, 1972 that sub-Section (3) was inserted into Section 14 
ibid permitting dual nationality basically at the pleasure of the Federal 
Government. At the very least, this indicated a shift in Pakistan’s stance 
regarding dual nationality which should not be considered to be abnormal 
considering the advantages of dual nationality that cannot be ignored in 
today’s day and age of globalization. Apart from enabling political integration 
                                       
6 US Department of State, Dual Citizenship – Security Clearance Implications. 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 47 :- 
 
and participation, it allows people to live and work in either of the countries 
of which they are nationals and facilitates visits and travel to and fro, 
without forcing one to sever ties with his country of origin (or either country for 
that matter).  
41. 
 
The statements regarding dual nationality in the extract 
reproduced hereinabove do not have a direct bearing on the instant matter 
which differs somewhat from the issue before the Court in Syed Mehmood 
Akhtar Naqvi’s case7 (supra) which concerned the Framers’ intent and the 
Constitutional bar against dual nationality on elected representatives. 
However no such bar exists in the Constitution with respect to the non-
elected government officials who are not required to take oath as the others 
are required to including elected representatives and members of the armed 
forces. Be that as it may, we cannot lose sight of the fact that divided loyalty 
does not necessarily mean disloyalty to Pakistan. There are many dual 
nationals or even foreigners of Pakistani origin for that matter who possess 
great love and affection for Pakistan and express it in the form of foreign 
remittances or by working in Pakistan, etc. Nonetheless, a real concern as 
raised by the opponents of dual nationality is that of divided loyalties leading 
to potential national security risks. It is in light of both the advantages and 
disadvantages of dual nationality that leads us to consider the adoption of a 
balanced approach where certain important positions in government service 
and public offices where indeed complete and undivided loyalty to Pakistan 
is required ought to be restricted to those who are citizens of Pakistan only. 
At the same time, keeping the door open for the Pakistani diaspora abroad 
who are an immense source of talent, skills, experience and competence, 
dual nationals and foreigners of Pakistani origin (and even non-Pakistani origin for 
that matter) ought to be allowed to work in various public and private sector 
entities in Pakistan such as health, education, etc. where they can share 
                                       
7 Ibid. 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 48 :- 
 
their wisdom, training, skills and learning and contribute to a better 
Pakistan.  
 
Proposals 
 
42. 
 
This opinion indicates certain concerns which are of such 
fundamental 
nature 
that 
cannot 
be 
addressed 
through 
judicial 
interpretation. Hence the proper course would be for Parliament to consider 
the following proposals in light of the existing law discussed and the 
concerns raised herein. 
43. 
 
Insofar as dual nationals are concerned, they fall within the 
definition of citizens. It is for the Federal and Provincial Governments to 
consider whether they should:- 
i. 
Formulate negative list(s) of posts within the Government service to 
which citizens holding dual nationalities or whose spouses are dual 
nationals, should not normally be appointed for reasons of 
safeguarding national security and/or vital national interest, except 
with the permission of the respective Cabinets; 
 
ii. 
Place before the Parliament and the respective Provincial 
Assemblies at the end of each financial year list(s) of Government 
servants who are dual nationals and/or married to dual nationals, 
and the posts held by them; 
 
iii. 
Formulate negative list(s) of posts (decision-making/top managerial posts 
perhaps) 
within 
autonomous/semi-autonomous 
statutory 
bodies/organizations 
and 
companies 
etc. 
which 
are 
owned/controlled/governed by the Federal and/or Provincial 
Governments, to which citizens holding dual nationalities or whose 
spouses are dual nationals, should not normally be appointed for 
reasons of safeguarding national security and/or vital national 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 49 :- 
 
interest, except with the permission of the respective organization 
or parent department; and 
 
iv. 
Place before the respective organizations or parent departments at 
the 
end 
of 
each 
financial 
year 
list(s) 
of 
employees 
of 
autonomous/semi-autonomous statutory bodies/organizations and 
companies etc. which are owned/controlled/governed by the 
Federal and/or Provincial Governments who are dual nationals 
and/or married to dual nationals, and the posts held by them. 
 
44. 
 
With regard to the government servants whose spouses possess 
nationalities other than that of Pakistan, i.e. who are foreigners (including those 
of Pakistani origin), the respective Governments may consider that the proposals 
mentioned in paragraph No.41(i) to (iv) should also apply to the concerned 
officers.  
45. 
 
With respect to foreigners, which include those of Pakistani 
origin who hold POCs, it is for the Federal and Provincial Governments to 
consider whether they should:- 
i. 
Impose a blanket ban on employment of non-citizens, i.e. foreigners 
(of 
Pakistani 
or 
non-Pakistani 
origin) on employment within the 
Government service; 
 
 
ii. 
The Federal and Provincial Governments should, preferably in 
conjunction with each other, develop criteria and standard 
operating procedures with regard to the employment of non-citizens 
within the Government service where relaxation from the general 
prohibition is deemed necessary in the public interest. The 
employment of non-citizens should be subject to approval of the 
respective Cabinets; 
 
iii. 
Formulate negative list(s) of posts within autonomous/semi-
autonomous statutory bodies/organizations and companies etc. 
which are owned/controlled/governed by the Federal and/or 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 50 :- 
 
Provincial Governments, to which non-citizens should not normally 
be appointed for reasons of safeguarding national security and/or 
vital national interest, except with the permission of the respective 
organization or parent department; and 
 
iv. 
Place before the respective organizations or parent departments at 
the 
end 
of 
each 
financial 
year 
list(s) 
of 
employees 
of 
autonomous/semi-autonomous statutory bodies/organizations and 
companies etc. which are owned/controlled/governed by the 
Federal and/or Provincial Governments who are non-citizens, and 
the posts held by them. 
 
46. 
 
The Federal Government should also be required to submit 
annual 
reports 
to 
Parliament 
with 
regard 
to 
the 
enforcement/implementation of the Act of 1966 prohibiting employment of 
ex-Government servants with foreign governments and agencies.  
47. 
 
The acquisition of foreign nationalities and permanent residence 
permits, etc. by citizens during employment in the Government service or 
autonomous/semi-autonomous 
statutory 
bodies/organizations 
and 
companies etc. which are owned/controlled/governed by the Federal and/or 
Provincial Governments, indicates, prima facie, and indeed in many cases 
(but not all) is, an intention to securely dispatch ill-gotten gains procured 
during service and to relocate their families and/or themselves during 
service and/or after retirement. Such individuals deserve no leniency. After 
determination by the competent authority, such officials must be given a 
deadline of either rescinding their foreign nationalities obtained during 
service or resign from service immediately. This is intended to send a strong 
signal to all officials in the employment of the Government of Pakistan at any 
level that they must not deceive Pakistan by breaking the trust that they 
have been bestowed upon by virtue of their office. The necessary 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 51 :- 
 
rules/regulations in this regard may be made/amended by the Federal 
and/or Provincial Governments, preferably in conjunction with each other. 
Furthermore, the Federal and/or Provincial Governments should develop 
criteria and standard operating procedures requiring disclosure of the intent 
to seek such foreign nationalities and permanent residence permits, etc., 
and adopt methods to check such instances and enforce penalties for non-
disclosure. Such criteria and standard operating procedures could possibly 
be incorporated into the existing efficiency and discipline rules/regulations 
etc. by way of amendment or be adopted independently. 
48. 
 
Before parting we would like to express our appreciation for the 
valuable assistance rendered by the learned amici curiae. The instant matter 
is accordingly disposed of in the foregoing terms. The noted civil 
miscellaneous applications are also disposed of accordingly. 
 
Civil Petition No.53-K/2018:- 
 
49. 
 
As has been held above in this opinion, dual nationals are 
citizens under the Citizenship Act, however in the instant case it was 
established on the record that the petitioner failed to disclose the factum of 
obtaining green card of USA particularly when he was reinstated in 
government service. The office memoranda issued by the competent 
authority 
directing 
the 
petitioner 
to 
surrender 
his 
green  
card failure of which would result in disciplinary proceedings under the 
relevant 
law 
have 
been 
correctly 
upheld 
by 
the 
learned  
High 
Court 
in 
its 
constitutional 
jurisdiction 
vide 
impugned  
judgment 
which 
does 
not 
warrant 
interference 
by 
this 
Court.  
Besides, according to the documents filed vide C.M.A. No.4428/2018  
the 
petitioner 
has 
been 
issued 
a 
show 
cause 
notice 
by  
the 
competent 
authority 
to 
which 
he 
has 
responded. 
Therefore  
the  matter  may  be  dealt  with by such authority in accordance with law. 
S.M.C. No.3 of 2018 etc. 
 
 
 
 
              -: 52 :- 
 
In light of the above, this petition is accordingly dismissed.  
 
 
 
 
 
 
 
 
CHIEF JUSTICE 
 
 
 
 
 
 
 
 
 
 
 
 
 
JUDGE 
 
 
 
JUDGE 
Announced in open Court 
on 15.12.2018 at Lahore 
Approved for Reporting  
M. Azhar Malik/* 
