Any citizen can register case against lawmakers: SC
Lawmakers possessing forged educational certificates can be reported by citizens.
ISLAMABAD:
The Supreme Court on Friday declared that any citizen can register an FIR (First Information Report) against lawmakers possessing forged educational certificates.
The order was passed by a three-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, while hearing a petition from Amir Yarwaran who was earlier disqualified by the Election Commission of Pakistan (ECP) on the direction of the apex court for holding a fake degree.
The petitioner requested the apex court to direct the ECP to clarify as to who is the concerned authority to initiate proceedings against him.
A similar application was also submitted by ECP Secretary Ishtiaq Ahmed Khan requesting the court to explain the powers and authority of the ECP after the 18th constitutional amendment. Attorney-General Maulvi Anwar-ul-Haq informed the court that it has been clarified in clauses 80, 82 and 94 of the Representation of the People Act of 1976 that the chief election commissioner or any official of the ECP or any citizen can register an FIR against a member of the Parliament holding fake educational degree before a sessions judge.
He also submitted that under this act, any citizen can register an FIR against a parliamentarian disqualified on the charges of corruption and forgery before a sessions judge. After hearing the AG, the bench declared that any officer of the ECP, including its chief, or any citizen can register a case against a parliamentarian who has been disqualified for holding a fake degree.
The court also directed that in such cases the complainant should be given the fine money to be imposed on parliamentarians who are disqualified for holding bogus educational degrees. Later Justice Chaudhry decided the application on the AG’s assurance that the formation of the ECP would be completed soon in accordance with the 18th amendment.
“We don’t want to give any observation, but read the wall about the formation of the commission under the 18th amendment,” the chief justice remarked while addressing the attorney-general.
Published in The Express Tribune, November 6th, 2010.
The Supreme Court on Friday declared that any citizen can register an FIR (First Information Report) against lawmakers possessing forged educational certificates.
The order was passed by a three-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, while hearing a petition from Amir Yarwaran who was earlier disqualified by the Election Commission of Pakistan (ECP) on the direction of the apex court for holding a fake degree.
The petitioner requested the apex court to direct the ECP to clarify as to who is the concerned authority to initiate proceedings against him.
A similar application was also submitted by ECP Secretary Ishtiaq Ahmed Khan requesting the court to explain the powers and authority of the ECP after the 18th constitutional amendment. Attorney-General Maulvi Anwar-ul-Haq informed the court that it has been clarified in clauses 80, 82 and 94 of the Representation of the People Act of 1976 that the chief election commissioner or any official of the ECP or any citizen can register an FIR against a member of the Parliament holding fake educational degree before a sessions judge.
He also submitted that under this act, any citizen can register an FIR against a parliamentarian disqualified on the charges of corruption and forgery before a sessions judge. After hearing the AG, the bench declared that any officer of the ECP, including its chief, or any citizen can register a case against a parliamentarian who has been disqualified for holding a fake degree.
The court also directed that in such cases the complainant should be given the fine money to be imposed on parliamentarians who are disqualified for holding bogus educational degrees. Later Justice Chaudhry decided the application on the AG’s assurance that the formation of the ECP would be completed soon in accordance with the 18th amendment.
“We don’t want to give any observation, but read the wall about the formation of the commission under the 18th amendment,” the chief justice remarked while addressing the attorney-general.
Published in The Express Tribune, November 6th, 2010.