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Monday, July 26, 2010
Fake degree holders could face three-year imprisonment* Legal expert says district and sessions judge can award sentence to election candidate, which could be challenged in high courts, SC
By Akhtar Amin
PESHAWAR: Legal experts dealing with election disputes, say that according to relevant election laws, a candidate who contests elections on the basis of a fake degree can be prosecuted and could face upto three years in prison, Daily Times learnt on Sunday.
Barrister Masood Kausar, a leading Supreme Court (SC) lawyer, who deals in election-related disputes, told Daily Times on Sunday that according to the Representation of the People Act (RPA) 1976, a district and sessions judge could award three years imprisonment to a person who contested an election on the basis of a fake degree. Kausar said that the convicts had a right to file an appeal before a high court division bench consisting of two judges, and if the high court upholds the decision of the district and sessions judge, the convict could appeal to the SC. The legal expert said that according to the section 12 the RPA, a candidate should file a declaration, along with his nomination papers, that he had consented to the nomination and that he fulfilled the qualifications of being a parliamentarian as mentioned in Article 62 of the Constitution and did not fall under any category of disqualification as mentioned in Article 63 of the Constitution or any other law that sets the criteria for becoming a parliamentarian.
Section 78 of the RPA, defines the categories of corrupt practices. Section 78(3)a states that a person is guilty of corrupt practices if he made a false statement regarding his educational qualifications. Section 82, which states the penalties for indulging in corrupt practices, states, “Any person guilty of corrupt practice shall be punishable with imprisonment for a term, which may extend to three years, or with fine which may extend to Rs 5,000, or with both.”
Supreme Court Bar Association (SCBA) president Qazi Anwar said that according to section 100 of the RPA, which deals with the disqualification of legislators for committing offences, allowed the chief election commissioner to issue an order that a legislator, who had been convicted by a court for committing a offence, would be disqualified from contesting elections for five years.
The roots of the entire controversy on fake degrees could be traced back to a controversial law introduced by former president General (r) Pervez Musharraf in 2002, when the Conduct of General Elections Order 2002 was promulgated without laying down a condition of a bachelor’s degree to contest the elections. But on June 24, 2002, through Chief Executive Order No 17 of 2002, Article 8a was included in the elections order stating that a candidate should possess a bachelor’s degree to contest the elections. The RPA 1976 was also amended and section 99(1)(cc) was inserted.
Courtesy www.dailytimes.com.pk