SC sets aside lifetime disqualification of ex-MPA

ISLAMABAD: The Supreme Court Tuesday set aside the lifetime disqualification of former PML-Q MPA Samina Khawar Hayat and declared that no public representative could be disqualified under the suo motu jurisdiction of the apex court.

A three-member bench of the apex court — headed by Chief Justice of Pakistan Qazi Faiz Isa heard the review petition of former MPA against her disqualification on the basis of a fake degree. The other member of the bench were Justice Irfan Saadat Khan and Justice Naeem Akhtar Afghan.

In 2013, a three-member bench of the apex court, headed by the then Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, had disqualified Samina Khawar Hayat on the basis of a fake educational degree. She was elected as MPA on the ticket of Pakistan Muslim League-Q.

The chief justice observed that a seven-member bench of the Supreme Court had declared in its decision that there could be no disqualification under the suo motu jurisdiction.

Advocate Tariq Mahmood, counsel for former MPA Samina Khawar Hayat, submitted before the court that his client was disqualified in a suo motu case.

The chief justice asked whether the Election Commission of Pakistan (ECP) had any objection to the cancellation of disqualification of petitioner Samina Khawar Hayat.

Director General (Law), Election Commission of Pakistan, replied that the electoral body had no objection to the abolition of disqualification of former MPA.

The official submitted that as a law had been amended recently whereby the timeframe for disqualification had been set at five years, hence they had no objection if the court overturned her lifetime disqualification. Later, the court allowed the review petition and abolished the disqualification of the former MPA and disposed of the case.