Fake degree: Can a parliamentarian be prosecuted after resigning?

LHC to determine whether former MNA should be declared disqualified.

LAHORE:

Lahore High Court Chief Justice Umar Ata Bandial fixed April 25 for further arguments in a petition against former MNA Rao Mazhar Hayat Khan, for contesting elections on a forged degree.

The law point raised before the court was whether tendering a resignation exempted the parliamentarian from proceedings on a writ of quo warranto (asking the person to justify how he was holding the office).

Petitioner Arshad Ibrahim had filed the petition alleging that Khan had contested the election to the National Assembly from NA-138, Kasur, holding a forged degree and was declared a returned candidate.

He said the HEC, on directions from the election commission, had sent the former MNA’s degree to the American university he had supposedly graduated from.

The university did not verify the degree.

Ibrahim stated that since Khan’s degree had not been verified, the Kasur sessions judge had ordered the registration of a criminal case against him. B-division had then registered the FIR on the complaint of the regional election commissioner. He said since the charge of contesting elections on a fake degree had been proved and a case had been registered in this regard, the former MNA should be declared disqualified under Articles 62 and 63 of the Constitution.

Ibrahim had requested directions to the election commission to cancel notification of Khan’s 2008 election. He further prayed that the sessions judge be directed to try Khan and punish him.

Khan’s counsel had submitted his resignation from the Nation Assembly, which he had also sent to the National Assembly’s speaker, in court on February 8.

The MNA’s counsel requested the court to dismiss the petition as Khan was no more an assembly member.

The petitioner’s counsel said that tendering resignation should have no effect on the court’s proceedings as the respondent had contested the election even though he had a fake degree.

The court appointed Muhammad Azhar Siddique the amicus curie (friend of the court) for assistance on the point of whether a public office holder could be declared disqualified after tendering his or her resignation.

Published in The Express Tribune, April 24^th, 2013.