Constitutional hindrance to legal proceedings
ECP waiting for SC directive to put on trial about 20 legislatures for degree fraud.
ISLAMABAD:
Cases of degree fraud involving about 20 members of the National Assembly, the Senate and provincial assemblies of Punjab, Balochistan and Khyber-Pakhtunkhwa are ready to be sent to session judges for trial, but legal and constitutional hindrances are holding up the process, an official said on Monday.
To put on trial the legislatures in question, including two federal ministers, the Election Commission is waiting for a Supreme Court directive to pave the way, the official added.
Explaining the hindrance, the official – who asked not to be named – said that, according to the Supreme Court judgment of 23rd July, the Election Commission was the only competent authority to refer such cases to the session judges for trial but following the passage of the 18th Amendment, the Election Commission does not exist in its previous format.
Under the 18th amendment, a parliamentary body consisting of both treasury and opposition parties, is authorised to appoint the four members of the Election Commission after mutual consultation. However, the committee has not so far done so despite a directive by the prime minister.
The cases of 20 federal and provincial legislators would remain undecided until and unless the composition of the Election Commission is completed.
However, officials said that a directive from the Supreme Court could remove the hindrance.
Meanwhile, the Election Commission has summoned another 20 federal and provincial legislators to prove that their academic documents are genuine. All of them have been told to appear before the commission on September 23rd and 30th as well as October 4 and 11 respectively to prove that their academic degrees are genuine.
Those MPs who have been summoned to appear before the EC on September 23 are Senator Dr Israr Hussain, Wali Mohammad, Molvi Agha Mohammad, Khalifa Abdul Qayyum, Abdus Samad Akhundzada, Saima Aziz and Kishwar Kumar.
Up to 20 legislators, including federal ministers Humayun Aziz Kurd and Mir Israrullah Zehri, had earlier refused to satisfy the poll body about their degrees.
Published in The Express Tribune, September 21st, 2010.
Cases of degree fraud involving about 20 members of the National Assembly, the Senate and provincial assemblies of Punjab, Balochistan and Khyber-Pakhtunkhwa are ready to be sent to session judges for trial, but legal and constitutional hindrances are holding up the process, an official said on Monday.
To put on trial the legislatures in question, including two federal ministers, the Election Commission is waiting for a Supreme Court directive to pave the way, the official added.
Explaining the hindrance, the official – who asked not to be named – said that, according to the Supreme Court judgment of 23rd July, the Election Commission was the only competent authority to refer such cases to the session judges for trial but following the passage of the 18th Amendment, the Election Commission does not exist in its previous format.
Under the 18th amendment, a parliamentary body consisting of both treasury and opposition parties, is authorised to appoint the four members of the Election Commission after mutual consultation. However, the committee has not so far done so despite a directive by the prime minister.
The cases of 20 federal and provincial legislators would remain undecided until and unless the composition of the Election Commission is completed.
However, officials said that a directive from the Supreme Court could remove the hindrance.
Meanwhile, the Election Commission has summoned another 20 federal and provincial legislators to prove that their academic documents are genuine. All of them have been told to appear before the commission on September 23rd and 30th as well as October 4 and 11 respectively to prove that their academic degrees are genuine.
Those MPs who have been summoned to appear before the EC on September 23 are Senator Dr Israr Hussain, Wali Mohammad, Molvi Agha Mohammad, Khalifa Abdul Qayyum, Abdus Samad Akhundzada, Saima Aziz and Kishwar Kumar.
Up to 20 legislators, including federal ministers Humayun Aziz Kurd and Mir Israrullah Zehri, had earlier refused to satisfy the poll body about their degrees.
Published in The Express Tribune, September 21st, 2010.