Court orders verification of two legislators’ degrees

ISLAMABAD: The Supreme Court ordered on Monday that academic degrees of two members of a provincial assembly be verified by the Higher Education Commission.

A three-judge bench comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Nasir-ul-Mulk and Justice Tariq Pervaz had taken up seven petitions relating to election disputes. Two of the petitions sought unseating of Balochistan Assembly members Zahoor Hussain Khan Khosa and Maulvi Mohammad Sarwar on the ground that they allegedly held fake educational certificates.

The bench observed that the certificate of Maulvi Sarwar submitted to the court by the Election Commission was found to have been tampered with.

Referring to an election dispute between PML-Q’s Haji Abdul Rehman Jamali, a brother of former prime minister Mir Zafarullah Khan Jamali, and independent candidate Zahoor Khosa, the bench ordered the ECP to transmit to the HEC Sanad (certificate) and nomination papers of Mr Khosa submitted to the returning officer during the 2008 election.

The HEC will examine whether the certificate is genuine and can be considered equivalent to the graduation degree.

The HEC is required to submit its report to the registrar of the Supreme Court in a sealed envelope before July 9.

Mr Jamali had challenged the election of Mr Khosa from PB-26 (Jaffarabad-II). According to him, Sanad-ul-Faragh obtained by Mr Khosa from Shah Abdul Latif University in Khairpur was not equivalent to the Bachelor’s degree and was contrary to the requirements laid down under Section 8(a) of the Election Order 2007-08 as well as provisions of Section 99 (cc) of the Representation of Peoples Act 1976.

He said that although the returning officer had accepted the Sanad and the ECP declared Mr Khosa as the successful candidate, the HEC later notified that it was not equivalent to the graduation degree.

Advocate Tariq Mehmood appeared for Mr Jamali while Advocate Kamran Murtaza represented Mr Khosa.

Referring to the election dispute in PB-15 (Musakhel) between Sardar Asmatullah Khan of the PML-Q and Maulvi Sarwar, the bench observed that the election record produced by an officer of the ECP had been tampered with. The court asked the commission to depute an officer to conduct an inquiry into the matter and submit a report.

On the allegation that Sanad Shahadatul Almia issued by Ittehadul Madressah in Multan in favour of Maulvi Sarwar is not genuine, the court ordered the ECP to send nomination papers, along with documents relating to the educational qualification of the legislator, to the HEC for verification.

The HEC is required to submit its report to the court registrar by July 9.

The cases of Maulvi Abdul Qadir, Mir Shah Jahan Khan Khethran, Sardar Mohammad Yaqoob Khan and Mohammad Dauran Khan were adjourned till July 9.

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