Stay order: Judge restrained from acting against disqualified MPA

His lawyer told PHC review petition pending with apex court


Our Correspondent July 01, 2015
His lawyer told PHC review petition pending with apex court. PHOTO: EXPRESS

PESHAWAR: The DI Khan district and session judge has been restrained from issuing a decision on a complaint filed by Election Commission of Pakistan against disqualified MPA on PK-68.

The order was issued on Tuesday by Peshawar High Court, bench of Chief Justice Mazhar Alam Miankhel and Justice Irshad Qaiser, during the hearing of a petition filed by disqualified lawmaker Javed Akbar.

Qazi Muhammad Anwer, counsel for Akbar, informed the high court that his client had obtained a degree from Darul Uloom Azimabad, Bannu, which is equivalent to a Bachelor of Arts degree. However, his opponent filed a petition in 2007, saying Akbar’s degree is bogus. Anwer said the cleric of the seminary was produced in the court who testified the degree was not issued by him. Akbar was then disqualified over a fake degree in the 2008 elections.

“Akbar participated in the 2013 general elections and won on PK-68 because the condition of having a bachelor’s degree was not mandatory. His same opponent filed a petition in the election tribunal and challenged Akbar’s victory,” Anwar told the high court.

The back and forth

The election tribunal disqualified Akbar for possessing a fake degree, which was challenged in the Supreme Court. However, the apex court dismissed the petition on June 26. The ECP filed a complaint in the court of district and session judge to take action against the disqualified MPA.

Anwer said his client also filed a review petition in the apex court, upon which a notice was issued to the ECP. When the order was produced in front of the district and session judge, it recorded the statement of Akbar but did not consider that order.

He said the court in DI Khan should be restrained from proceedings because Akbar’s review petition was still pending in the apex court.

The court then restrained the district and session judge from issuing the order.

Published in The Express Tribune, July 1st, 2015.

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