Counterfeit degree: Former ANP minister challenges conviction at PHC
The appeal filed by Shah maintains he never annexed a fake degree with his nomination papers.
According to the appeal, the complaint filed against Shah was not based on views of the majority of ECP members. PHOTO: INP
PESHAWAR:
Former Khyber-Pakhtunkhwa (K-P) sports minister Syed Aqil Shah filed an appeal at the Peshawar High Court (PHC) on Friday to challenge his conviction in a fake degree case.
Shah was convicted by a sessions judge on Thursday for submitting a graduate degree issued by an institute not recognised by the Higher Education Commission.
The appeal filed by Shah maintains he never annexed a counterfeit degree with his nomination papers. This is confirmed by then returning officer Zia-Ur-Rehman, states the appeal. It further asserts the prosecution has failed to meet the burden of proof indicating Shah produced forged papers.
According to the appeal, the trial court did not take the Election Commission Pakistan’s (ECP) complaint procedure into account which requires a majority decision – the complaint filed against Shah was not based on views of the majority of the ECP members.
It said the trial court erroneously shifted the onus on the appellant (Shah) as it was on the prosecution and the ECP to have proved the alleged fake degrees were produced by the appellant.
The appeal added no offence has been proven against Shah, therefore, he cannot be punished. It asked the PHC to accept his appeal, set aside the judgment of the sessions judge and set him free.
Published in The Express Tribune, April 6th, 2013.
Former Khyber-Pakhtunkhwa (K-P) sports minister Syed Aqil Shah filed an appeal at the Peshawar High Court (PHC) on Friday to challenge his conviction in a fake degree case.
Shah was convicted by a sessions judge on Thursday for submitting a graduate degree issued by an institute not recognised by the Higher Education Commission.
The appeal filed by Shah maintains he never annexed a counterfeit degree with his nomination papers. This is confirmed by then returning officer Zia-Ur-Rehman, states the appeal. It further asserts the prosecution has failed to meet the burden of proof indicating Shah produced forged papers.
According to the appeal, the trial court did not take the Election Commission Pakistan’s (ECP) complaint procedure into account which requires a majority decision – the complaint filed against Shah was not based on views of the majority of the ECP members.
It said the trial court erroneously shifted the onus on the appellant (Shah) as it was on the prosecution and the ECP to have proved the alleged fake degrees were produced by the appellant.
The appeal added no offence has been proven against Shah, therefore, he cannot be punished. It asked the PHC to accept his appeal, set aside the judgment of the sessions judge and set him free.
Published in The Express Tribune, April 6th, 2013.