PESHAWAR, June 23: Attorney-General Makhdoom Ali Khan contended before an election tribunal here on Monday that sanads of different religious schools possessed by parliamentarians were not equivalent to graduation.

The tribunal comprising Justice Tariq Pervaiz of the Peshawar High Court reserved its judgment which, he said, would be announced on June 30. PML-Q leader Iftikhar Hussain Gillani had filed an election petition, challenging qualifications of Muttahida Majlis-i-Amal’s Mufti Abrar Sultan who was his rival candidate from the NA-14, Kohat, constituency and had defeated him on Oct 10 general election.

The AGP argued that the University Grants Commission had overstepped its authority by declaring those sanads equivalent to graduation. He requested the tribunal to declare the UGC notification illegal through which sanads of different seminaries were declared equivalent to graduation.

NWFP Advocate-General Barrister Jehanzeb Raheem supported the contentions of the attorney-general.

Essa Khan, counsel for Mufti Abrar, contended that the issue was pending before the Supreme Court and notices were issued to the respondents, including Mufti Abrar. “When the apex court has to decide the same question it will be appropriate for the tribunal to wait for that verdict instead of giving its own findings,” he argued.

He pointed out that if the tribunal declared the impugned sanads not equivalent to graduation as well as the UGC notification null and void, it would open the floodgates of unrest in the country as the National assembly, Senate and two of the provincial assemblies would collapse. He said that apart from merit of the case the court should invoke the doctrine of state necessity, as had been done by superior courts in past, to save the country from crisis.

Makhdoom Ali Khan pointed out that in 1973 the National Assembly through a resolution had decided to recognize the sanads of different seminaries, but that was specifically for teaching purpose. He said when the UGC was established in 1974 it overstepped its authority and declared the sanads equivalent to graduation.

He argued that the election tribunal was created under the constitution and it had powers to strike down a law or a notification.

Mr Gillani argued that the sanad of Shahadat-e-Alamia fil Uloom-e-Arabia wal Islamia possessed by the respondent was equivalent to graduation only for teaching purpose.

Essa Khan argued that on the basis of the recognition by the UGC, thousands of people had got admissions in different universities and done their PhDs. He said the petitioner had not challenged the qualification or the certificate issued by the UGC before the returning officer.