Awaz Apni Report: (Maryum Razzaq)
Two PML-N lawmakers and one independent legislator lost their seats after the Supreme Court ruled on Friday that their academic degrees were fake.
A three-judge bench comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday issued the judgment after hearing separate appeals against Mir Zahoor Hussain Khan Khoso, a Balochistan assembly member elected from PB-26, Jaffarabad-II; and upholding earlier disqualification by the election tribunal of PML-N member of National Assembly from NA-100, Gujranwala, Haji Mudassar Qayyum Nehra, and Punjab Assembly member from PP-13, Rawalpindi, Malik Yasir Raza.
In reference to the Mir Khoso case, the apex court held that he was not a graduate and, therefore, not qualified to contest elections.
"Consequently, the notification of declaring him successful in the 2008 general elections is hereby set aside," the court said, adding that Mir Khoso used documents/Sanad (certificate) to present himself as a candidate holding a degree equivalent to graduation and was guilty of corrupt practices.
Earlier, the Higher Education Commission (HEC) had informed the court that it did not recognise the institution from where Mir Khoso had secured his degree.
The court also ordered initiation of proceedings against Mir Khoso under the law laid down in the cases of Rizwan Gill and Mian Najeebuddin.
In both the cases, the Supreme Court had asked the ECP to deal with the matter under Section 78 of the Representation of Peoples Act, 1976, which defines corrupt practices and includes false statements by a person in respect of his educational qualification.
The court had also held that it was the demanding duty of the ECP to not only ensure that elections were fair and honest and that there were no corrupt practices in the elections but also that individuals who have been declared disqualified to enter legislative institutions should not be allowed to break into the parliament.
"A person who offers himself to represent voters of the area has to fulfil criteria of Articles 62 (qualification), 63 (disqualification) of the Constitution," the law laid down in earlier judgment had said.
PML-Q member Haji Abdul Rehman Jamali (brother of former Prime Minister Mir Zafarullah Jamali) had challenged the nomination of Mir Khoso, an independent candidate, on the grounds that the member did not fulfil the requisite qualification to become a member of the provincial assembly since the Sanad-ul-Faragh issued by the Shah Abdul Latif University, Khairpur, was not equivalent to bachelor's degree and contrary to requirements laid down under Section 8(a) of the Election Order 2007-08 as well as the provisions of Section 99 (cc) of the Representation of Peoples Act 1976.
The returning officer, however, accepted the degree while the ECP declared Mr Khoso as the successful candidate. Later the HEC notified that Sanad-ul-Faragh, issued by the Shah Abdul Latif Uuiversity was not an academic certificate equivalent to the Bachelor of Arts.
Haji Mudassar Qayyum Nahra, a PML-N MNA from NA-100, Gujranwala, was unseated by the election tribunal of Justice Nasir Saeed Sheikh of the Lahore High Court in June last for obtaining bachelor's degree by concealing facts. Mr Nahra was declared successful in the 2008 general election as an independent candidate, but later joined the PML-N. Chaudhry Bilal Ijaz, a candidate of the PML-Q, had challenged his election.
Malik Yasir Raza had filed appeal against a decision of the LHC Rawalpindi Bench over the issue of possession of fake degree. Yasir Raza was declared successful from PP-13, Rawalpindi, but was unseated by Justice Khawaja Imtiaz Ahmed of the Rawalpindi bench of the LHC on June 30 on a petition filed by his opponent, PPP candidate Ishtiaq Mirza.
Ishtiaq Mirza had challenged the validity of Mr Raza's Higher Secondary School Certificate (HSSC) obtained from the Federal Board of Intermediate and Secondary Education in 1995 as well as his matriculation certificate and graduation degree.
At the last hearing the apex court had forwarded his degree to the HEC to ascertain whether it recognised the Al-Khair University from where the member had obtained his degree.
Meanwhile, the HEC has been asked by the court to verify the educational qualification and authenticity of the Sanad of Moulvi Mohammad Sarwar of JUI-F, Balochistan, who is minister for labour and manpower. The HEC will submit its report by August 13.
