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| June 3, 2005 | Friday | Rabi-us-Sani 25, 1426 |
Probe ordered into MPA’s degree, PHC told
PESHAWAR, June 2: The counsel of MPA Malik Imran of the Pakistan Muslim League (Nawaz) contended before the Peshawar High Court on Thursday that the Sindh governor had ordered an inquiry into a controversy over his graduation degree issued by the Karachi University.
Advocate Qazi Mohammad Anwer argued before a bench comprising PHC Chief Justice Tariq Pervez and Justice Qaim Jan Khan that the governor as chancellor of the university had ordered the inquiry under Section 11 of the University of Karachi Act. He said the vice-chancellor would head the committee and two nominees of the chancellor would be its members.
Mr Anwer is representing Mr Imran in a writ petition filed by Naqeebullah Khan, a voter of his constituency PF-75, Lakki Marwat, seeking his disqualification on the ground that he obtained the degree after tampering with the record.
The hearing was adjourned till June 8 while Mr Anwer was giving his arguments.
The Karachi University had cancelled the degree after an inquiry, observing that it had been obtained after tampering with the record.
The SHC dismissed a suit filed by Mr Imran against the action. He filed an appeal before the SHC, which was disposed of after the chancellor ordered a fresh inquiry into the issue.
Mr Anwer argued that election of a parliamentarian or MPA could only be challenged before an election tribunal under Article 225 of the constitution.
He argued that the petitioner had filed the writ of quo warranto under Article 199 of the constitution, asking the respondent, Mr Imran, by what authority he had been holding the office of an MPA as he was not qualified for it.
The counsel argued that Article 199 was subject to other provisions of the constitution and under Article 225 a bar was placed on challenging election of an MPA before the high court. He said that if every voter was empowered to file writs of quo warranto against members of assemblies, it would create complications.
He referred to a judgment of the Balochistan High Court in a case where a petition filed by a voter challenging the election of Mir Zafarullah Jamali in 1993 was dismissed and the Supreme Court upheld the verdict.
He contended that the tampering with the record was made at the behest of respondent No.2 Saleem Saifullah Khan, who was secretary-general of the PML (Quaid-i-Azam) at the time.
He said Mr Imran had passed the examination and his degree was not fake.
He argued that the controversy had not been resolved and the inquiry would settle the issue.
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