PESHAWAR, Oct 18: The Peshawar High Court on Tuesday disqualified an MPA of the Pakistan Muslim League (Nawaz), Malik Imran, from holding any public office for having used a forged graduation certificate of Karachi University while filing his nomination papers.

A division bench comprising Chief Justice Tariq Pervez and Justice Qaim Jan Khan allowed a writ petition of Naqeebullah Khan, a voter of PF-75 (Lakki Marwat), who had stated that since Malik Imran possessed a forged degree, he was not entitled to become an MPA.

Malik Imran was elected a member of the NWFP Assembly from PF-75 by defeating PML leader Saleem Saifullah Khan in the 2002 general elections.

The bench pronounced that the inquiry conducted on the directives of the Sindh governor had proved that the degree possessed by Malik Imran had been acquired after tampering with the register of the university.

The bench directed that the court orders be communicated to the election commission so that fresh polls could be held on the vacant seat.

The court overruled the objection raised by Malik Imran’s counsel regarding maintainability of the writ petition and observed that it was a public interest case.

The bench had reserved its judgment on Sept 22.

The Karachi University after an inquiry had cancelled Malik Imran’s degree last year.

Malik Imran had filed a civil suit before the Sindh High Court challenging the act of the university. However, the court had dismissed his suit.

He had then filed an appeal before a two-member bench of the SHC which was disposed of after the chancellor ordered fresh inquiry into the issue. That inquiry also held that the degree had been acquired on the basis of tampering with the record.

Advocate Qazi Anwer appeared for Malik Imran and challenged the maintainability of the writ petition. He argued that election of a parliamentarian or MPA could only be challenged before an election tribunal under Article 225 of the constitution.

The counsel argued that if every voter was empowered to file writs of quo-warranto against sitting members then it would create complications.

He contended that the tampering on record had in fact been done on behest of the respondent No 2 (Saleem Saifullah Khan) who was at that time secretary-general of PML(Q) and could not tolerate his defeat. He added that Malik Imran had passed the examination and his degree was not fake.

The petitioner’s counsel, M. Sardar Khan, argued that the education qualification for contesting the 2002 general elections was graduation and since Malik Imran was not a graduate, he was not entitled to hold that office.

Mr Sardar Khan contended that two inquires had proved that the respondent (Malik Imran) had tampered with record and acquired the degree through fraudulent means.