14 October 2017
The daughter of the disseated Prime Minister said that since her brothers Hassan and Hussain were residents abroad, law of Pakistan doesn’t apply on them. She was short of saying, as is generally believed that both these brothers hold British nationality. This is the same argument the Qatari Prince took. The prince prepared a legal document for presentation before the “Pakistani law and Pakistani court”, went to the Pakistan Embassy in Doha, appeared “before” the Pakistan Ambassador for attestation of the same (verification by the attesting Ambassador that the vendee the Qatari prince signed before him). Later the same prince refused to go to the same Embassy to meet the JIT, this time twisting that it would tantamount to accepting Pakistani law jurisdiction.
Hassan and Hussain might be holding British nationality as is an impression being created by his family and party mouthpieces. Yet, however, it is a fact that both are still bona fide Pakistani nationals too. If they come to Pakistan holding British passports, they would legally be British nationals “during their stay” in Pakistan and will depart “within 30 days” on the same Passports as per Pakistani visa rules. If they arrive holding British Passports, without getting formal Pakistani visas on their UK Passports but on the strength of holding their National ID Cards for Overseas Pakistanis (NICOPs), then they are dual nationals holding also the Pakistani nationality and Pakistani law, thus, applicable on them.
Presuming, as generally is believed that Hassan and Hussain hold today British Nationality, yet the legal position is that simultaneously they are bona fide Pakistani nationals irrespective by mouth they may deny so. Under the Pakistan Law, one attaining a foreign nationality, needs to formally renounce his Pakistani nationality and surrender all his Pakistani passports and the National Cards valid or expired. For this renunciation there is a prescribed procedure. He/she would file a written application together with a Declaration of Renunciation on Form X to Appendix XIX and pay a renunciation Fee. This renunciation request would then be put up before the Federal Secretary, Ministry of the Interior, Islamabad where a Committee would deliberate on it. After approval, a formal Notification to the effect is issued and name of the applicant finally, for good, is deleted from the National Data Base. Or the Government of Pakistan through a formal legal Notification revokes one’s nationality but this course generally is adopted in case of dissidents, having become hostile and engaged in anti State activities.
Unless one has not completed this legal formally, he/she stands as a Pakistani national irrespective of his/her hundred time abusing Pakistan or claiming non applicability of Pakistani law on him/her. Hasan and Hussain, as the circumstances show, has not yet completed this legal process. Hence Pakistani law applies on them and they both, as still bona fide Pakistanis, can be summoned, may be through Interpol or otherwise provided, however, there exists any real honesty towards the dignity of law and getting it implemented irrespective if one is Hassan/Hussain or Uzair Baloch.
If today, suppose for a minute, the Government announces that every Overseas Pakistani resident abroad for more than 10 years can apply for an acre industrial plot in Gawadar at special concessional price of Rs. 1 lac, all Hassans, all Hussains, all Hussain Haqqanis claiming themselves as true dire hard Pakistanis, would claim this announcement applied to them and would rush to apply.