ISLAMABAD, Aug 22: An application was moved in the Supreme Court on Wednesday, seeking an early decision on a petition challenging ‘Sanads’ (seminary degrees) of 68 Muttahida Majlis-i-Amal members of parliament and provincial assemblies.
The petition was moved by Parliamentary Affairs Minister Dr Sher Afgan.
Headed by Chief Justice Iftikhar Mohammad Chaudhry, the Supreme Court had thrice issued notices to respondents but not a single member has appeared in person or through a legal counsel. Dr Sher Afgan told reporters that it was necessary to resolve the controversy before the general elections as it would help prevent a flood of litigations, challenging madressah degrees.
Some 68 MMA parliamentarians, holding only seminary degrees, had been elected during the 2002 general election after graduation was made the minimum educational qualification for parliamentary candidates. Of the 68, Maulana Shah Ahmed Noorani had died. Six of them are senators, 29 MNAs, 18 members of the provincial assembly from NWFP, 10 from Balochistan, two each from the Punjab and Sindh. Sixty six of them belong to the MMA while two of them belong to the ruling PML.
Prominent among them are: Leader of the Opposition Maulana Fazlur Rehman, Hafiz Hussain Ahmed, Muhammad Khan Sheerani, Maulana Abdul Ghafoor Haidri, Senators Samiul Haq, Dr Azizulllah Satakzai, Maulvi Agha Muhammad, Qari Gul Rehman, Sahibzada Khalid Jan and Hidyatullah.
Article 8A of the Conduct of General Elections Order 2002 requires a member of the parliament and the provincial assemblies to be a graduate possessing a bachelor’s degree in any discipline or any degree recognized as equivalent by the University Grants Commission (now Higher Education Commission) Act of 1974.
The petition, filed in 2003 by Dr Aslam Khaki, sought a declaration that parliamentarians holding Shahadat-i-Alimiya Fil Uloomul Arabia Wal Islamia or Islamic Studies from unapproved seminaries or not having 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.
The apex court is also hearing the case of Mufti Ibrar, among 68 members, who was disqualified by the Election Tribunal on the ground that religious seminaries certificate was not equivalent to a graduation degree. However, the Supreme Court, through an interim order, restored his membership and now his case would be adjudicated along with the main petition.
