Criminal cases should be registered against all the fake degree holders of the Assemblies relating to all the Political Parties

            Pakistan Penal Code, 1860 is sufficient for dealing with the fake degree holders. The Supreme Court should give a general order to the Federal Government and the four Provincial Governments to search out all the fake degree holders and to register criminal cases against all the culprits and all the benefits should be refunded from them so far they received. When an ordinary person can be prosecuted under the provisions of the PPC then why not the legislators? The matter of registration should be extended not only to the present Members of the Assemblies but also to those who are not now the Members because there is no concept of bar/limitation in the registration of the criminal cases. Justice demands that not only the fake degree holders of every political party should be punished but also the retrieval of all the recorded benefits he received during his stay in any Assembly. The strongest observations of the Judges of the Apex Court are meaningless when not accompanied by the stringent action. My submission is that not only the Members/Candidates but also the returning officers who cleared the fake degree holders should also be brought under action because when scrutiny was their obligation they have miserably failed in the scrutiny. It was necessary for them to satisfy themselves even from calling the records from the relevant Universities. It is also a question that how and from which source the concerned returning officers satisfied themselves that the degrees of the candidates were genuine? It was mandatory for the genuineness of the degrees that the statements of the record-keepers from the Universities should have been recorded. Without the support of the statement of record-keepers from the Universities, the authenticity of the degrees was dubious. When a person applies for a post, his degree is tested several times at many stages and if his degree is not tested at the time of appointment, then at subsequent stage the degree is tested. The burden of proof was/is on the candidate to call the record-keeper from the University from which he had got the degree.

            The saying of the Punjab Chief Minister “Fake degree ‘no bigger issue than Kargil” needs some consideration. He further said “the fake degrees of assembly members deserve condemnation but it is not an issue bigger than subverting the country or starting Kargil war”. Actually, he has linked the guilt of fake degrees with Kargil war which indicates that he considers it a crime not liable to be punished or should be punished after the punishment of those who started the war.

            The whole scenario shows that on one side the Judges of the Apex Court and other right-minded people feel shame on the fake degrees of their legislators but on other side those who are supported by these fake degree holders are making comparisons of the crimes. It means that if one Pervez Musharraf was not punished who had snatched Government from the PML (N), all the fake degree holders should be honourably acquitted and should be garlanded whatever may be the law on the land relating to such crime or whatever may be the judgments of the Courts of the Country.

            In my opinion, this issue was not so seriously handled because such like personalities are present in both the big Political Parties. The Supreme Court wishes to see the democracy strengthened but not with such criminals. It is also an issue for the jurists of the Country to consider that whether the law passed by a fake degree holder can be a valid law? I have learnt from the books that all the decisions of a person illegally appointed are null and void and have no existence in the eye of a law. Similarly, all the transactions done by these fake degree holders need to be revived. Chief Justice remarks “people appearing before the courts make a mockery of the courts in public” indicates that the big ones of the society having fake degrees feel no shame or fear. I think that Government is responsible for this fearlessness of the fake degree holders. When they support the Governments in the Assemblies how they (Governments) can weaken their Governments by putting them in the jails?

            I also request the Apex Court that the Counsel/Advocate of the fake degree holder should also be punished with the same punishment with which his client is punished because both are same before the law. One contends through the other. The Advocate should satisfy himself before taking the case from the client. He should not toe the line of his client or should not become prey to the wishes and demands of the client. In this way the majority of the baseless defences can be discouraged. The defence of a client does not mean that he should be defended in his illegal pursuits. At any level when the lawyer gets the knowledge that his client is a criminal he should withdraw his support and appearance for him before the Court. The freedom of judiciary does not mean that the lawyers and judges are free to do whatever they may wish.

Manzoor Ahmad Yousafzai

Dated: Wednesday, 16 June 2010.

SC orders forgery case against PML-N MPA

Wednesday, June 16, 2010
CJ says people appearing in cases make mockery of courts in public; Ramday says it is a shame that we are living in country where such people come to the assemblies

By our correspondent

ISLAMABAD: The Supreme Court on Tuesday dismissed the appeal filed by the PML-N’s MPA from Sargodha, Rizwan Gill, against his disqualification from contesting polls after his BA degree was found to be fake.

A three-member bench of the apex court, comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Ghulam Rabbani and Justice Khalil-ur-Rehman Ramday, was hearing the appeal of Rizwan Gill.

The court upheld the decision of the Election Tribunal of the Lahore High Court (LHC) and dismissed the appeal of Gill with cost and ordered filing a criminal case against him for forgery.

Chief Justice Iftikhar Muhammad Chaudhry in his remarks said people appearing before the courts make a mockery of the courts in public. He said much has been done in this country and now this process should come to an end. The chief justice said courts exist in this country and are performing their functions.

Justice Iftikhar said it is the responsibility of the returning officer to check the nomination papers and the task should not be left to the opposing candidate only. Justice Khalilur Rehman Ramday in his remarks said it is a matter of shame that we are living in a country where such representatives come to the assemblies.

The LHC Election Tribunal on May 29 disqualified MPA Rizwan Gill for contesting the election on a bogus BA degree. The tribunal, by holding Gill’s election as illegal, had directed the chief election commissioner to conduct fresh election in the constituency.

Dr Nadia Aziz of the Pakistan People’s Party (PPP), who had lost the election from PP-34 (Sargodha-IIV) in 2008, had questioned Gill’s qualification. She alleged that Gill had never passed his BA exam.

She alleged that Gill obtained the degree by tampering with the Punjab University record and his election be declared illegal. Rizwan Gill, later on filed an appeal in the Supreme Court against the LHC Election Tribunal decision.

The court, however, upheld the decision of the LHC Election Tribunal and dismissed the appeal with cost and ordering filing of a criminal case against Rizwan Gill. APP adds: Earlier, the petitioner did not satisfy the bench’s queries regarding his academic qualification. Muhammad Akram Sheikh defended his client and said that these were mere allegations against his client.

Manzoor Ahmad Yousafzai