PESHAWAR: The Peshawar High Court directed University of Peshawar on Tuesday to submit a written reply in a case in which a Swat voter sought the disqualification of Pakistan Tehreek-e-Insaf MNA Murad Saeed.
The directive was issued by the division bench of Chief Justice Mazhar Alam Miankhel and Justice Irshad Qaiser during the hearing of two connected petitions on Tuesday. One was filed for the issuance of a degree to Saeed, while the other sought his disqualification.
The court was informed by Saeed’s counsel his client had submitted a reply in the disqualification case. He also said an amended petition asking for Saeed’s BS Environmental Science degree was also submitted.
Meanwhile, Khalid Rehman, the counsel for UoP, was directed by the high court to submit his reply in the disqualification case.
On April 28, Haider Ali Shah, a resident of Kuza Badai tehsil in Kabal, Swat moved the petition through his counsel Syed Haziq Ali Shah and named MNA Murad Saeed, chief election commissioner Pakistan as well as the registrar and controller of UoP as respondents.
“Murad Saeed resided in Room 19 of B-block in New Hostel during his time as a BS Environmental Science student at the UoP. Saeed ran up dues worth Rs19,680 between 2007 and 2009 and later defaulted from the university. The arrears remained till he filed his nomination papers,” the petition reads.
The petitioner added Saeed had said he holds a BS Environmental Sciences degree at the time of submitting his papers. Haider Ali Shah’s petition read, “This was a blatant lie as Saeed was absent for two papers.”
Moreover, it cited UoP rules which stated a student who failed to clear his or her papers within three years of not completing the course would have to reappear for all the exams. “As such, Murad Saeed has no legal grounds to appear for the few leftover papers after a lapse of three years,” it contended.
“Saeed not only gave [a] false declaration under Section 12 of the RPA, 1976, [thus] failing to qualify as a member of the Majlis-e-Shora (Parliament) under Article 62 of the Constitution, but also exposed himself to disqualification as envisaged under Section 99 of the RPA 1976,” the petition read.
In his own petition, the MNA says he was a BS student from 2005-09 and passed all eight semesters.
He added the chairman of the Environmental Science department issued him a course completion certificate on November 26, 2009. However, Saeed claims he has been waiting for his degree and has approached the competent authority on several occasions. However, he is always told the document would be delivered to his home address.
“Failure to issue the degree and to keep the petitioner waiting is mala fide intention and without any justification. Other students similarly placed have already been issued degrees in the due course of time,” the petition stated.
Published in The Express Tribune, July 1st, 2015.