PESHAWAR: The Peshawar High Court on Tuesday sought comments from the University of Peshawar’s vice chancellor and other respondents in an amended petition filed by PTI MNA Murad Saeed against cancellation of his controversial degree of BS Environmental Science by the university.

A bench comprising Chief Justice Mazhar Alam Miankhel and Justice Irshad Qaisar issued the order after preliminary arguments advanced by Murad’s lawyer, who contended that the University of Peshawar (UoP) had unilaterally cancelled his degree on recommendation of a committee formed by the vice chancellor.

Lawyer Aamir Jawed said a make-up test of two papers was arranged for the petitioner in accordance with relevant procedure and he had cleared those papers. However, he added that instead of issuing him the degree the vice chancellor constituted a three-member committee which, without hearing the petitioner, recommended that his degree and make-up papers should be cancelled.

The counsel stated that the Khyber Pakhtunkhwa chief secretary had also set up a three-member committee for probing the whole controversy and the report of the said committee would be issued in next few days.

PHC asks Peshawar varsity, others for responding to Murad Saeed’s petition

The controversy regarding Mr Murad’s degree emerged in March when it was reported in the media that arrangements were made post haste for him to make up for his two papers -- Introduction to Environmental Sciences and Remote Sensing -- under dubious circumstances. The papers were allegedly marked and checked the same day in sheer violation of the procedure.

Following emergence of the controversy the UoP’s vice chancellor had constituted a three- member committee for probing the issue. The said committee had recommended cancellation of make-up papers as the entire procedure adopted for conducting the papers.

Earlier, in March, Murad had filed a writ petition seeking court’s order for the university to issue him the degree of BS Environmental Science for the session 2005-09. While he had not mentioned anything about his make-up examination, in that petition he had stated that he was a regular student of four year Bachelor of Environmental Sciences programme in the 2005-09 session. He had stated that he had completed all eight semesters and was entitled to have the degree. Later on, in Apr he requested the court to allow him to file an amended writ petition as in the meantime several developments had taken place in the case.

Meanwhile, the bench sought comments from the Election Commission of Pakistan and UoP in another writ petition seeking disqualification of Murad on ground of allegedly submitting false declaration with the commission during the 2013 general elections.

The petition is filed by an inhabitant of Swat, Haider Ali Shah, who claimed to be a voter of NA-27 Swat from where Murad was elected as MNA in the 2013 general elections.

Murad’s lawyer submitted his comments requesting the court to dismiss the petition as it was not maintainable. He stated that a law maker could only be disqualified under Article 62 and 63 of the Constitution if there was a decree of the court in that regard. He added that in his case he had attached his intermediate degree with his nomination papers, therefore, he could not be blamed for giving misstatement about his graduation.

Syed Haziq Ali Shah, lawyer for the petitioner, said apart from Murad, the ECP and UoP were also respondents in the case and their comments might also be sought.

He said the MNA had made certain declarations which were not based on facts and had thus cheated the ECP as well as the voters of his constituency.

The lawyer said the MNA had submitted declaration that neither he nor his family members were in default of any payment of government dues or utility charges including telephone, electricity, gas and water charges of an amount in excess of Rs 10,000. However, he stated that while a student of Bachelor of Environmental Sciences at the University of Peshawar the MNA was a resident of Room No 119, in New Hostel at the University of Peshawar and thus defaulted in payment of various dues including that of hostel dues amounting to Rs19,680.

Published in Dawn, July 1st, 2015

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