September 20, 2006	Wednesday	Sha'aban 26, 1427

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ISLAMABAD, Sept 19: The Supreme Court on Tuesday ordered re-servicing of its earlier notices served on 68 members of the Muttahida Majlis-i-Amal (MMA) in parliament and the vincial assemblies for the first time through respective speakers and the Senate chairman in a petition challenging their “sanads”.

A two-member bench comprising Chief Justice Iftikhar Mohammad Chaudhry and Justice Saiyed Saeed Ashhad decided to issue fresh notices when it learnt that none of the responding members were present in the court room.

It will be appreciated if the process of servicing notices is returned to the Supreme Court by the secretariat concerned of the respective assemblies and the senate,” the order said while deciding to take up the matter again on the third week of November 2006.

The chief justice, however, expressed surprise by declaring it to be a unique example when Parliamentary Affairs Minister Dr Sher Afgan personally appeared before it saying he was prepared to represent his ministry.

Dr Sher Afgan also assured the bench that the service of circulating apex court notices would be positively done in the parliament contending that the case was of a serious nature but had been pending for the last four years.

Some 68 parliamentarians of the MMA possessed degrees issued by the seminaries who contested the 2002 general election on the basis of these degrees because graduation was made minimum educational criterion for elections to the parliament. Out of the 68, Maulana Shah Ahmed Noorani had died while six are senators, 29 members of the National Assembly, 18 members of the provincial assembly from the NWFP, 10 from Balochistan, and two each from Punjab and Sindh. Of these, 66 are from the MMA and two from the PML-Q.

Prominent among them are Leader of the Opposition Maulana Fazlur Rehman, Hafiz Hussain Ahmed, Mohammad Khan Sheerani, Maulana Abdul Ghafoor Haidri, Senators Samiul Haq, Dr Azizullah Satakzai, Maulvi Agha Mohammad, Qari Gul Rehman, Sahibzada Khalid Jan and Hidyatullah.

Deputy Attorney General Nasir Saeed Sheikh represented the speakers of the national as well as the provincial assemblies, chairman senate, Election Commission and the law minister. Petitioner Dr Mohammad Aslam Khaki was also present.

Article 8A of the Conduct of General Elections order 2002 requires a member of the parliament and the provincial assemblies at least to be a graduate possessing a bachelor degree in any discipline or any degree recognised as equivalent by the University Grants Commission (now the Higher Education Commission) Act 1974.

Filed in 2003, Dr Aslam Khaki in his petition had sought a declaration that MMA members holding Shahadat-e-Alimiya Fil uloomul Arabia wal Islamia/Islamic Studies from unapproved Madaris (seminaries) or had not passed two additional subjects of Islamic Studies and Arabic at the bachelor’s level as required by the HEC equivalence criterion were ineligible to become members of the National Assembly, provincial assemblies or the Senate.

He contended that the University Grants Commission Act 1974 provides that the ‘Sanad’ (degree) Shahadatul Almiya fil uloomul Arabia wal Islamia granted by Wafaq/Tanzeemul Madaris and some approved deeni madaris was recognized equivalent to the Master of Arts (MA) Arabic/Islamic Studies for teaching or for employment purposes only.

He said candidature to the election and the function of the member of the assemblies or senate is not for teaching purposes, adding the respondents succeeded in the 2002 general elections in violation of these provisions allegedly by concealment of facts about the equivalence of sanads they were holding.

He pleaded that some of the members had not even procured sanads from the madaris recognized by the HEC; therefore, they were not holding recognised sanads or degrees.

Membership of the parliament and the provincial assemblies is a very sensitive and responsible position as they are the protectors of the fundamental rights of the people. Hence the presence of unqualified persons in the assemblies having no exposure to contemporary disciplines would adversely affect the fundamental rights of the public.

The apex court is also hearing the case of Mufti Abrar, among the 68 members, who was disqualified by the Election Tribunal on the ground that religious seminaries’ certificate was not equivalent to graduation. However, the Supreme Court through an interim order restored his membership and now his case would be adjudicated along with the main petition.