PESHAWAR: The Peshawar High Court on Tuesday restrained the Dera Ismail Khan district and sessions judge from further proceedings over a criminal complaint filed by the Election Commission of Pakistan against former MPA Javed Akbar Khan, who was disqualified for having a fake sanad of a seminary.

A bench comprising Chief Justice Mazhar Alam Miankhel and Justice Irshad Qaisar issued notice to the Election Commission of Pakistan after hearing preliminary arguments of Javed’s lawyer, Qazi Mohammad Anwar.

The date of next hearing will be fixed later.

Javed has filed a petition against the ECP complaint filed with the district and sessions judge for his trial under different sections of the Representation of Peoples Act and Pakistan Penal Code as he had allegedly committed forgery and corrupt practice by presenting a seminary’s forged sanad.

Currently, the DSJ has been hearing the said complaint and proceedings are in final stages.

Javed, an independent candidate, was elected MPA in the 2013 general elections from PK-68, DI Khan, but his rival candidate, Mureed Kazim, had filed an election petition against him.

Asks ECP to respond to MPA’s plea for end to trial

The election tribunal had accepted the election petition and disqualified the petitioner on the ground that he was not righteous as he had presented forged sanad during 2008 elections.

Qazi Anwar said the petitioner had studied at Darul Uloom Mohammadia, Azeemabad, Bannu, and was given sanad from the said institution.

He said during the 2008 general elections, his client had filed nomination papers but didn’t contest polls.

The lawyer said during the 2013 general elections, his client had contested and won, but his election was challenged and was disqualified.

He said the Supreme Court had dismissed appeal filed by the petitioner against the judgment of the election tribunal and that the petitioner had filed against the judgment a review petition, which was pending with the apex court.

Qazi Anwar said after his disqualification, the ECP had filed a criminal complaint with the DSJ. He contended that before the election tribunal the supervisor of the said seminary had stated that the sanad was validly issued to the petitioner, but the tribunal still disqualified him.

He added that his client had informed the DSJ in DI Khan about the pending review petition but the judge instead of stopping the proceedings for the time being went ahead with it. The lawyer said the matter had been pending with the apex court and it would be appropriate to wait for that verdict.

Published in Dawn, July 1st, 2015

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