Fake degrees cases: PHC sets aside conviction of 2 ex-lawmakers

PESHAWAR: The Peshawar High Court (PHC) on Thursday set aside the conviction of two former lawmakers awarded by different courts in the cases of fake degrees which remained pending in the court since 2013.

A two-member bench comprising Justice Roohul Amin Khan and Justice Abdul Shakoor allowed the appeals against conviction by a former provincial minister and Awami National Party leader Syed Aqil Shah and former MPA Sardar Ali.

Both the convicts were on bail from the PHC after suspended their sentences awarded by district courts in cases of fake degrees.

The appeals were filed in 2013 and remained pending for about six years in the high court.

Former District and Sessions Judge Shaiber Khan had convicted the former provincial minister for sports, tourism, archaeology, museums and youth affairs in a complaint filed by the provincial election commission.

In the order, the judge had stated the court awarded one-year sentence to the former minister under Section 82 of People’s Representation Act 1976.

The order stated that establishment of the crime of the corrupt practice had been proved against the former lawmaker of the Khyber Pakhtunkhwa Assembly who submitted a fake graduation degree to contest the 2008 elections.

About Aqil Shah, the regional election commissioner had stated in his complaint that his bachelor degree issued by the University of Punjab on October 15, 2002, was scrutinised by Higher Education Commission (HEC) and was found fake on August 5, 2010.

Similarly, former independent MPA Sardar Ali was convicted by an additional district and sessions judge to three years imprisonment and fined Rs5000.

It was stated in the order that he had submitted along with his nomination papers a copy of the graduation degree, which was a precondition for contesting polls. Later, it transpired that the degree was fake.

A panel of lawyers including Abdul Latif Afridi, Amir Javed and Amir Sabir argued the cases of the former lawmakers.

They argued that the conviction to Syed Aqil Shah was illegal and unlawful. They submitted that under Section 8 of Election Commission Order 2002, decisions had to be taken by a majority of the members, which were three.

However, in the case of Aqil Shah, the decision for sending the complaint was taken by two ECP members.

They said Syed Aqil Shah had claimed that he had never submitted the controversial degree with the nomination papers rather he had submitted a BBA degree from American International College, Lahore.