PESHAWAR, Sept 4: A counsel appearing for a petitioner challenging the graduation degree of Senior Minister Rahimdad Khan on Tuesday told Peshawar High Court that the minister had been occupying public office with bogus degree by taking refugee behind legal technicalities for the last four-and-a-half years.

A two-member bench comprising Justice Mian Fasihul Mulk and Justice Irshad Qaiser was told by Advocate Amir Javed, appearing for petitioner Farman Ali, that the minister had almost completed his five-year term as an MPA, but the court had still not decided the petition.

The bench adjourned hearing of two writ petitions, related to the degree of Mr Khan, to Sept 18, as senior lawyer Qazi Mohammad Anwer, representing a respondent in one of the two petitions could not turn up before the bench.

The first petition is filed by Farman Ali, a voter in PF-27 constituency, who has challenged the election of Mr Khan on the grounds that he possessed fake graduation degree.

The second petition is filed by Mr Khan. He has challenged an order of the election tribunal, hearing two election petitions filed against him by two losing candidates, of submission of the report of an inquiry conducted by Gomal University on the request of Higher Education Commission.

Advocate Qazi Anwer has been representing one of the losing candidate, Riaz Khan Khattak, who is respondent in the petition filed by Mr Khan. In March 2011, a bench of the high court had ordered to club the two writ petitions as these were related to identical issue.

At the very outset of the proceedings senior lawyer Abdul Lateef Yousafzai, appearing for Mr Khan, pointed out that as Qazi Anwer could not appear, therefore, those petitions could not be heard in his absence.

Advocate Amir Javed raised objection to that plea stating that the petition of Farman Ali was different from the second one and it could be heard in absence of Qazi Anwer.

Justice Mian Fasihul Mulk observed that as the petitions were clubbed, therefore, it could not be heard separately.

A nephew of Riaz Khattak, Qadir Khattak, requested the court that they had no objection over conducting hearing in the cases in absence of their counsel. He stated that Mr Khan was openly saying in his village that the court would not decide those cases till he remained minister.

The bench took exception to his statement and observed that the delay on that day was not because of Mr Khan as his counsel was present and it was because of Mr Khattak and his counsel, both of whom were absent.

The bench said that Mr Khattak should appear in person and give the statement that the petition should be decided without hearing his counsel as the statement of his nephew was not admissible.

Advocate Abdul Lateef Afridi, appearing for another losing candidate Shahid Khan Khattak, also contended that the issue had been lingering on for the last over four years on one pretext or another. He pointed out that now the election petitions would be heard in Swat by the presiding officer of the election tribunal as presently he had been performing duty at Darul Qaza.

Mr Javed said that the inquiry conducted by Gomal University clearly proved that the degree possessed by Mr Khan was forged as he had never appeared under the roll number mentioned in his degree. He added that degree was issued to him with the connivance of some officials of the university.

Mr Yousafzai objected to his assertions and contended that the inquiry was not admissible at this stage and the question about its admissibility had been pending before the court. He added that Mr Khan was condemned unheard in the said inquiry.