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Former MPA’s review petition in graduation case rejected

April 02, 2013

PESHAWAR, April 1: The Peshawar High Court on Monday dismissed a review petition of former MPA and independent candidate Ateefur Rehman against the cancellation of his graduation examination by the University of Peshawar for impersonation.

The petitioner, Mr Rehman, had challenged the dismissal of his civil suit by a civil judge last year against the cancellation of his examination and fine of Rs1,000 by the university and subsequent dismissal of his appeal by an additional district and sessions judge.A single-bench comprising Chief Justice Dost Mohammad Khan pronounced that after going carefully through evidence recorded during the trial, the concurrent findings of the two subordinate courts were found to be based on fair and proper appreciation of the said evidence and were made in accordance with law.

The bench observed that no illegality causing miscarriage of justice could be pointed out by the counsel for the petitioner and therefore, keeping in view cardinal principles of justice that the high court in its revisional jurisdiction should not interfere in concurrent findings of both courts unless attracted the conditions given in Section 115 of Civil Procedure Code, the petition was dismissed.

Mr Ateefur Rehman was elected MPA in the 2008 general elections on the ticket of Awami National Party from PK-5 constituency and this time he filed nomination papers as independent candidate as ANP had denied him party ticket.

The disciplinary committee of the university had in 2006 cancelled his entire examination on the ground that he had impersonated and another person had appeared in his place. The committee had fined him Rs1,000 and also banned him from appearance in future examination for a year.

He had filed an appeal before the appellate committee which also upheld the decision of the disciplinary committee.

The petitioner filed a civil suit and was granted interim relief by the civil court as the order of the university was suspended on the basis of which he contested the 2008 general elections. The civil court finally dismissed his suit on May 22, 2012.Jalal Khan, lawyer for the University of Peshawar, said the petitioner had appeared in the 2006 examination under Roll No 73274 at an examination centre set up ay Government Secondary School, Peshawar Cantt but it was later discovered that photos pasted on the Admit Card and original examination form was not of the petitioner rather of the person who had appeared in the examination.

He said the disciplinary committee summoned the petitioner and asked him to give his writing sample but he declined following which his entire examination was cancelled and he was also fined Rs1,000.

The petitioner then filed an appeal with the appellate committee and there he gave his writing sample but the committee found out that his writing was different then the one in the papers.

Also in the day, Peshawar district and sessions judge Shehbar Khan recorded statement of former provincial minister Syed Aqil Shah in a complaint filed by the Election Commission of Pakistan about him possessing fake graduation degree.

The court adjourned the hearing into the case until Tuesday (April 2) for further recording of evidence.

Mr Shah said he had submitted only one degree issued by American International College, Lahore with his nomination papers and had never submitted any other degree or documents.