This is a radical judgment for two reasons.
First, there is nothing in the constitution that bars a dual national from petitioning the courts on constitutional matters.
In fact, the constitution recognizes dual nationals as bona fide citizens of Pakistan enjoying full property and voting rights and only bars them from being elected as members of parliament.Therefore, the SC is seemingly setting a new bar on the rights and privileges of dual nationals that is not laid down in the constitution.
Second, the SC's aggressive questioning of Dr Qadri's patriotism and political credentials - it went so far as to berate him for trying to destabilise the system - has served to sidestep the legal merits of the case and emphasise politics instead.
The court did not allow him to argue the case with reference to Constitution Article 184(3) relating to fundamental rights and public interest. Nor did it refer him to Constitution Article 199 whereby a quo warranto writ challenging the appointments of the members of the ECP should be lodged at the level of the High Courts rather than the SC.
This has provoked Dr Qadri to burst out indignantly against the SC in general because his case was not heard despite legal merits, and the Chief Justice in particular for haranguing him about his loyalty to Canada - Dr Qadri accused the
CJP of being a Provisional Constitution Order (PCO) judge for legitimising the 1999 coup of General Pervez Musharraf and questioned his loyalty to the constitution. When questioned the loyalty of CJ By Dr Qadri , he didn't listen Dr Qadri and dismissed the petition.