Ruling that the Election Commission of Pakistan was no monarch to do whatever it willed, the SC on Thursday ordered wrapping up of all fake degree cases by April 4 and sought a comprehensive report on this count be filed by the ECP.
A three-member SC bench led by Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry resumed hearing in the case on Thursday.
The ECP presented a report in the court with respect to fake degree cases pending hearing in courts across the country.
Per the report, 34 fake degree cases were sent to the subordinate courts of which 19 pertained to Punjab, while degree holders in two cases had been acquitted.
The CJP asked where were the remaining cases lying.
ECP Secretary Ishtiaq Ahmad Khan said, “Proceedings in respect of other cases are underway and challans of eight cases have been sent to courts.”
The CJP said, “The ECP is not a monarch that it can do whatever it wills, nor is it a stakeholder in elections. If degree condition has been done away with, even then the ECP should not shut its eyes to this matter, as a fake degree holder is liable to be dealt with under proceedings of a criminal case.”
ECP’s counsel said court cases were pending hearing in subordinate courts and decisions were awaited.
The CJ remarked that cases were pending hearing since 2011 and directives were issued to dispose of the cases early.
During the hearing of the case, Jamshed Dasti, former MNA from PPP, requested the court to direct the Muzaffargarh sessions judge to hear fake degree case against him after elections and the proceedings against him be deferred.
The court rejected the plea and inquired from the ECP counsel why had he heard the case of Dasti after three years.
The counsel said Nawabzada Iftikhar Ahmad lodged a complaint against Dasti on February 13, 2013 and the case was moved ahead on this complaint.
The court said it could give no order to adjourn Dasti’s case, but it could direct respective subordinate court to dispose of the case at the earliest.
Jamshed Dasti said, “I was allowed to contest election in 2010. Why was I not barred from doing so then?”
The court later ruled that the ECP and subordinate courts should dispose of fake degree cases by April 4 and details of the pending cases be kept before the chief justices of the concerned high courts and hearing be conducted of these cases on a day-to-day basis.
The court said police and investigation agencies failed in their assignments, therefore, stern action be initiated against officers found involved in negligence of duty.
The bench ruled that contesting candidates should meet the requirements spelt out in articles 62 and 63 and Section 99 of Public Representation Act. “The court wants elections held in equitable and transparent manner.”
The court said respective courts had also failed in disposing of fake degree cases. “The chief justices of high courts should initiate action against these judges. The hearing of the cases be adjourned only on solid grounds,” the SC ruled.
The hearing was adjourned until April 4.
