October 20, 2007	Saturday	Shawwal 7, 1428

ISLAMABAD, Oct 19: The Supreme Court on Friday issued a fourth notice to Muttahida Majlis-i-Amal’s 68 members of the parliament and the provincial assemblies to appear before it on October 29 in a long-standing case challenging their Sanads, or madressah degrees.

Parliamentary Affairs Minister Dr Sher Afgan moved the court seeking an early decision on a petition filed by Dr Aslam Khaki in 2003 questioning the educational qualifications of the newly- elected MMA legislators.

Not one of the 68 MMA members responded to the previous three notices sent to them through their respective legislatures and the Election Commission. They did not even send a legal counsel to defend themselves.

Since the MMA members have meanwhile resigned from the central legislatures, the case has become of academic interest only.

The three-member bench of the Supreme Court, headed by Chief Justice Iftikhar Muhammad Chaudhry, hearing Dr Khaki’s petition also took up an appeal of Mufti Ibrar Sultan, among the sued MMA members, against his disqualification by the Election Tribunal on the plea that certificates issued by religious seminaries did not equal a college degree. The Supreme Court had restored his membership through an interim order.

Advocate Ibrahim Satti, the legal counsel for Mufti Ibrar argued that the sanads issued by educational institutions affiliated with Wafaqul Madaris were equivalent to graduation and post graduate degrees. In an Islamic country like Pakistan, ulema and religious leaders commands a significant respect in the society and as such these leaders should not be disqualified.

The 68 MMA legislators were elected in the 2002 general elections which required the contestants to be at least graduates or equivalent madressah degree.

Prominent among the 68 are: Leader of the Opposition Maulana Fazlur Rehman, Hafiz Hussain Ahmed, Muhammad Khan Sheerani, Maulana Abdul Ghafoor Haidri, Senators Samiul Haq, Dr Azizullah Satakzai, Maulvi Agha Muhammad, Qari Gul Rehman, Sahibzada Khalid Jan, Hidyatullah etc.

Many MMA politicians who won the 2002 general elections hold university degrees, including Qazi Hussain Ahmed who did MSc in Geography from the University of Peshawar in 1962.

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 degree in any discipline or any degree recognized as equivalent by the University Grants Commission (now 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 Madressahs (seminaries) or had not passed two additional subjects of Islamic Studies and Arabic at the bachelor 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 madressahs was recognized equivalent to the Master of Arts (MA) Arabic/Islamic Studies for teaching or for employment purposes only.

Candidature to the election and function of the member of the assemblies or senate is not for teaching purposes, he said. So, according to him, the respondents succeeded in the 2002 general elections in violation of these provisions, allegedly by concealing facts about equivalence of sanads they were holding.

He pleaded that some of the members have not even procured sanads from the madressahs recognized by the HEC, therefore they were not holding recognized sanads or degrees.

Presence of unqualified persons in the assemblies having no exposure to contemporary disciplines would adversely affect the fundamental rights of the public, Dr Khaki contended.