ISLAMABAD, May 18: At least 65 legislators, belonging to the Muttahida Majlis-i-Amal, are likely to be disqualified if the Supreme Court on Monday accepts a constitutional petition, which challenges their academic qualifications, for hearing.
The full bench, comprising Chief Justice Shaikh Riaz Ahmad, Justice Nazim Hussain Siddiqui, Justice Iftikhar Mohammad Chaudhry, Justice Mian Mohammad Ajmal, and Justice Mohammad Nawaz Abbasi, would deliberate on the admissibility of the petition — filed by a lawyer, Dr Aslam Khaki.
A notice had already been issued in this regard to the attorney-general by the three-member bench headed by the chief justice. The five-member bench was specifically constituted by the chief justice to hear the petition filed directly in the apex court of the country.
Seeking disqualification of legislators belonging to the MMA, the petitioner contended that the Sanads, issued by the Tanzeemul Madaris, were not equivalent to the bachelor’s degrees.
Contending that a majority of the MMA leadership, including Maulana Fazlur Rehman, Maulana Shah Ahmad Noorani, Maulana Samiul Haq, Hafiz Hussain Ahmad and Maulana Ghafoor Haideri were ineligible to become members of the assemblies and the Senate, the petitioner stated that the University Grants Commission recognised the credentials of the Sanad Shahadat Alimiya fil-Uloom-ul-Arabia wal-Islamia as being “equivalent to MA Islamiat only for teaching purposes and nothing else.”
The court had taken up the petition for preliminary hearing on an urgent basis, summoning the attorney-general on one-day notice, but had to adjourn it for 10 days after he sought time to “seek full instructions, and for full preparation.”
The Election Commission of Pakistan, comprising five judges from the superior courts, headed by a retired chief justice of the Supreme Court, had given its views on the same matter in a notification issued on July 29, 2002.
The EC had ruled that holders of the Sanad Shahadatul Almiya fil-Uloom-ul-Arabia wal-Islamia granted by the Wafaq/Tanzeemul Madaris and approved by individual religious institutions, recognized as equivalent to the degree of M.A. (Arabic/Islamic Studies) for teaching purposes by the University Grants Commission, “shall be eligible to contest the forthcoming general elections subject to fulfilment of other qualifications laid down in the electoral laws/rules, within the contemplation of Article 8-A of the Conduct of General Elections Order-2002.”
