UmarJustice
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The Election Commission of Pakistan has categorically stated that none of those MPs whose degrees had been found fake by the Higher Education Commission and even endorsed by the commission as such, would be barred from contesting the next election unless convicted by a court of law.
Talking to The News, two members of the commission, Justice (retd) Riaz Kayani and Justice (retd) Shahzad Akbar Khan, here on Tuesday said that the Supreme Court order does not allow the commission to bar such MPs from contesting the polls or disqualify them without a conviction from a court of law.
So far, these retired judges said, out of a few dozen who have been found to be fake degree holders, only two MPs have been convicted by the sessions courts but even in their case they had got stay orders from high courts, thus they were now eligible to contest the elections.
What these commission members meant that as of today, not even a single fake degree holder, whether found so by the HEC, declared by the ECP or even convicted by the court of law, could be barred from contesting the next election.
The members, however, said that if the Supreme Court takes notice of this situation and gives the commission a way out to punish such cheaters, the commission would be happy to disqualify them from contesting the next general election. We feel as bad as you do on this issue but we find our hands are tied as the SC order does not allow us to bar them from elections without a courts conviction, Justice (retd) Riaz Kayani said, adding that the commission was following the procedure as was directed by the Supreme Court of Pakistan.
Both the members were unanimously concluded: None of the fake degree holders as charged by the HEC will be barred from contesting elections unless the sessions court convicts them. They said that even those MPs whose degrees were found fake by the ECP could not be stopped from contesting the polls for the same reason.
They said that either the government should amend the law or the Supreme Court should take notice of this and pass appropriate directions to stop the fake degree holders from contesting the polls without a court order.
They agree that either the HECs decision on the status of a degree should be made binding on the commission or the ECP should be authorised to decide such cases and disqualify a fake degree holder as well.
Regarding the tax and loan defaulters, these members said that the ECP would not allow any tax and loan defaulter to contest but only if the government approved the new nomination paper as approved by the commission.
They argue that unlike the fake degree holders as found by the HEC, the commission would take the words of the State Bank of Pakistan and Federal Bureau of Revenue as final with regard to loan defaulters and tax defaulters respectively.
These members raised questions about the HEC as being the authority to declare degree of an individual fake or otherwise. It serves as a conduit, Justice Riaz said though the HEC officials insist that it is the legally authorised body not only to accredit a university but also to verify the degrees.
Regarding those MPs who had resigned to avoid court conviction but got themselves re-elected without having been stopped by the commission, the two ECP members said that those cases were cleared by the previous commission and not by them. But when asked that if they could stop such fake degree holders from contesting the next polls, they said they could not do it without a court order.
About the commissions decision not to touch six senators whose degrees have been found fake, these members said that the Section 76 of the Senate (Election) Act 1975 does not allow them to look into such forgery or corruption cases after six months.
Sources, however, insist that the SC order in the fake degree issues makes such a legal provision irrelevant as the court itself took up the matter after the expiry of six months and instead directed the ECP to initiate criminal proceedings against them.
No fake degree holder can be blocked by ECP, admit members - thenews.com.pk
Talking to The News, two members of the commission, Justice (retd) Riaz Kayani and Justice (retd) Shahzad Akbar Khan, here on Tuesday said that the Supreme Court order does not allow the commission to bar such MPs from contesting the polls or disqualify them without a conviction from a court of law.
So far, these retired judges said, out of a few dozen who have been found to be fake degree holders, only two MPs have been convicted by the sessions courts but even in their case they had got stay orders from high courts, thus they were now eligible to contest the elections.
What these commission members meant that as of today, not even a single fake degree holder, whether found so by the HEC, declared by the ECP or even convicted by the court of law, could be barred from contesting the next election.
The members, however, said that if the Supreme Court takes notice of this situation and gives the commission a way out to punish such cheaters, the commission would be happy to disqualify them from contesting the next general election. We feel as bad as you do on this issue but we find our hands are tied as the SC order does not allow us to bar them from elections without a courts conviction, Justice (retd) Riaz Kayani said, adding that the commission was following the procedure as was directed by the Supreme Court of Pakistan.
Both the members were unanimously concluded: None of the fake degree holders as charged by the HEC will be barred from contesting elections unless the sessions court convicts them. They said that even those MPs whose degrees were found fake by the ECP could not be stopped from contesting the polls for the same reason.
They said that either the government should amend the law or the Supreme Court should take notice of this and pass appropriate directions to stop the fake degree holders from contesting the polls without a court order.
They agree that either the HECs decision on the status of a degree should be made binding on the commission or the ECP should be authorised to decide such cases and disqualify a fake degree holder as well.
Regarding the tax and loan defaulters, these members said that the ECP would not allow any tax and loan defaulter to contest but only if the government approved the new nomination paper as approved by the commission.
They argue that unlike the fake degree holders as found by the HEC, the commission would take the words of the State Bank of Pakistan and Federal Bureau of Revenue as final with regard to loan defaulters and tax defaulters respectively.
These members raised questions about the HEC as being the authority to declare degree of an individual fake or otherwise. It serves as a conduit, Justice Riaz said though the HEC officials insist that it is the legally authorised body not only to accredit a university but also to verify the degrees.
Regarding those MPs who had resigned to avoid court conviction but got themselves re-elected without having been stopped by the commission, the two ECP members said that those cases were cleared by the previous commission and not by them. But when asked that if they could stop such fake degree holders from contesting the next polls, they said they could not do it without a court order.
About the commissions decision not to touch six senators whose degrees have been found fake, these members said that the Section 76 of the Senate (Election) Act 1975 does not allow them to look into such forgery or corruption cases after six months.
Sources, however, insist that the SC order in the fake degree issues makes such a legal provision irrelevant as the court itself took up the matter after the expiry of six months and instead directed the ECP to initiate criminal proceedings against them.
No fake degree holder can be blocked by ECP, admit members - thenews.com.pk
