• If any person or institution discriminates between dual citizen and sole citizen, that is illegal and violation of constitution.
Article 25 of Constitution of Pakistan says... "All citizens are equal before law and are entitled to equal protection of law".
"All citizens" include "dual citizens".
• It may surprise some but the Constitution of Pakistan allows dual citizen to become President of Pakistan, who is the head of state and commander-in-chief of armed forces. So the argument of division of loyalty by dual citizenship is very weak to start with.
• In Constitution of Pakistan the role of subjective assessments of citizens, like suspecting and questioning their loyalties, is vested in voters and parliament, not judiciary. For example in Article 6 the right to indict, hear and decide if a citizen is treasonous is vested in parliament, not judiciary.
• A citizen may even be proven disloyal to Pakistan, like convicted of spying for India and awaiting death penalty for that. That however does not take away his right to vote in free & fair election of governments, thus his right to challenge an unconstitutional act which may compromise his right to vote in free & fair elections.
• A dual citizen is only restricted to contest elections of MNA, MPA and Senator, thats it. Other than that he has all rights of sole citizens in constitution, including rights to contest elections of president, local bodies and union councils, conducted by the same Election Commission.
• "Khuloos-e-Niyyat" has no practical weight. You can have mala fide intents but if you are legally right you get your legal right. Some of us may think Asif Zardari a good example of that.
• The burden to prove "Khuloos-e-Niyyat" or lack thereof is not on the accused but the accuser.
• Article 184-3 does not require the petitioner to be affectee or bona fide. It does not even require a petitioner to exist at all. Chief Justice has himself demonstrated that by taking Suo Moto under article 184-3 several times.
• The legal structure of Dr. Qadri's petition was this...
"a citizen of Pakistan is praying to examine constitutionality of the selection process of members of Election Commission, which may jeopardize his rights guaranteed by Constitution of Pakistan"
The Supreme Court spin doctored that into this...
"a foreign citizen is demanding a constitutional institution to be abolished" (Dr. Qadri did not petition in foreign citizen capacity and he did not demand to abolish anything except what is determined unconstitutional)
• A building (say democracy) built on a flawed foundation (say Election Commission) cannot be expected to be functional or durable.
Yes there may be a crisis if Election Commission is examined and found unconstitutional today. But if Election Commission is examined and found unconstitutional near or after election, that may be a disaster. Far better to examine that question mark and correct if needed today than tomorrow.