ISLAMABAD: The Supreme Court on Wednesday questioned the legality of foreig
n employment of former top army generals despite a law barring government of
ficers from doing until two years after retirement.
Hearing a suo motu case about dual nationalities of government employees, Chief Justice Mian Saqib Nisar observed that Inter-Services Intelligence (ISI) former chief Lt General (r) Shuja Pasha and former chief of army staff General (r) Raheel Sharif had accepted employment abroad within two years of their retirement. “According to the law, government of
ficers cannot sign a
n employment contract abroad for two years after their retirement. Is the law not applicable to army of
ficers?” the chief justice asked.
De
fence Secretary Lt Gen (r) Zamir-ul-Hassan Shah apprised the court that both retired of
ficers had obtained a no-objection certificate (NOC) prior to leaving the country for employment. In response, the chief justice noted that those who serve the country at top positions are privy to se
nsitive information. “Individuals who have headed se
nsitive departments should, in fact, be provided security,” he remarked.
The de
fence secretary then informed the apex court that the federal government had permitted both generals to sign foreig
n employment contracts. However, Shah, who also served in the army as adjutant general, admitted he was unsure of the rules barring government servants from obtaining foreig
n employment till two years after their retirement.
The chief justice observed that it is to be seen how the permission by federal government was granted. “We will see how the permission was granted, and what is its nature and duration. These individuals sh
ould have obtained the cabinet’s permission prior to their departure,” he noted.
Speaking about dual citizenship, the de
fence secretary further said the armed forces do not recruit dual citizens. Adding that the condition against dual citizenship is advertised in recruitment ads, Shah said any dual citizen accepted by the army has to give up his foreign nationality.
The chief justice then ordered the de
fence secretary to submit in writing the information he had shared in the court. The top judge also ordered the de
fence secretary to ensure that dual citizens were not presently employed by the armed forces. “We have earlier conducted a similar exercise among the civil forces,” he remarked.
Justice Ijazul Ahsan asked the de
fence secretary how many of
ficers of the armed forces were married to foreign nationals. Shah apprised the court that of
ficers of the armed forces can only marry a foreign national after taking prior approval from the relevant force’s chief. “Any officer who marries a foreign national without obtaining prior approval is strictly penalised,” he said.
The bench further asked the secretary whether any disciplinary action had been taken against those military of
ficers who got married without permission and sought data in this regard. Justice Nisar also directed the de
fence secretary to conduct an exercise within the armed forces to identify those who are secretly holding dual nationalities.
An official of the Interior Ministry present in court said 27 of
ficers from the ministry were dual citizens. Issuing a notice to all 27 of
ficers, the court adjourned the hearing until August 7.
Published in Daily Times, August 2nd 2018.