News
Sunday, March 31, 2013
SC summons ECP over fake degrees
* CJP takes suo motu notice on HEC letter that says ECP has failed to take action against 54 lawmakers holding fake degrees and 189 others who didn’t provide their certificates to the ECP or the HEC despite several reminders
By Hasnaat Malik
ISLAMABAD: As election campaigning gains momentum, Chief Justice of Pakistan Iftikhar Muhammad Cahudhry has taken notice of the 189 Parliamentarians whose degrees are still pending verification even after a passage of two-and-a-half years and despite repeated reminders by the Election Commission of Pakistan (ECP). The parliamentarians have failed to provide their certificates to the ECP or the Higher Education Commission (HEC).
The Supreme Court has summoned Secretary ECP and Chairman HEC tomorrow (Monday).
According to details, CJP took notice on a press clipping of a daily Urdu newspaper dated 30.03.2013 wherein it was reported that the HEC sent a list with regard to verification of fake degrees of 54 members of parliament. Taking the notice, the report along with requisite list was demanded from Secretary ECP and HEC.
It also appended a list of 189 Parliamentarians whose cases are still pending verification for the last two-and-a-half-years and despite repeated reminders by the ECP, they have failed to provide their certificates to the ECP or the HEC.
The HEC has further mentioned that the ECP in its letter dated 07.02.2013 noted that failing the verification of these degrees within 15 days thereof, the degrees will be treated as fake and criminal proceedings will be initiated. HEC has further stated that cases of 19 Parliamentarians are currently under litigation in various courts for verification of their degrees.
However, surprisingly, no prosecution has been initiated against both the categories of the Parliamentarians in accordance with Para 18 of the judgment in the case of Muhammad Rizwan Gill v. Nadia Aziz (PLD 2010 SC 828), which says that “The Election Commission is, therefore, directed to initiate action against all such persons who are accused of commission of corrupt practices; of committing forgery and of using, as genuine, documents which they knew or at least had reason to believe to be forged. The Election Commission shall ensure that the investigations in these matters are conducted honestly, efficiently and expeditiously and shall depute one of its senior officers to supervise the same. The learned Sessions Judges to whom these trials shall then be entrusted, are also directed to conclude the same without any delay, in consonance with the spirit of the Elections laws as displayed, inter-alia, by the Provisos newly-added to subsection (1-A) of section 67 of the said Act of 1976 through the Amending Act No.IV of 2009 promulgated on 2-11-2009. In any case, it should not take each learned Sessions Judge who gests seized of the matter, more than three months to conclude the same.”
In view of this order, the court has sought explanation from the Election Commission of Pakistan for not implementing this judgment in letter and spirit. It also issued notices to the ECP through its Secretary and the Chairman Higher Education Commission to appear before the Court on 01.04.2013.
It is to be noted that the Supreme Court on March 28 directed the trial courts to dispose of all cases against fake degree holding parliamentarians until April 4. The court also directed the Inspector Generals of Police (IGP) to take action against all policemen who failed to submit challans in cases sent by the Election Commission of Pakistan against the parliamentarians who held fake degrees.
It also directed the Registrars of the High Courts to place the names of Sessions Judges before the respective chief justices so that appropriate order shall be issued against them for not disposing of the cases expeditiously. The bench ordered to High Court Registrars and the police chiefs to send the report to the Election Commission before 4th April.Courtesy www.dailytimes.com.pk