Disqualified MNA Sumaira Malik directed to submit fresh photos to PFSA

By Sohail Khan
January 14, 2016

ISLAMABAD: The Supreme Court on Wednesday directed the disqualified PML-MNA Sumaira Malik to go to the office of Punjab Forensic Science Agency (PFSA) and to give her fresh photographs for verification.

A five-member larger bench of the apex court, headed by Justice Mian Saqib Nisar, heard the review petition of former PML-N MNA Sumaira Malik.

On October 28, 2013, a three-member bench of the apex court, headed by former Chief Justice Iftikhar Muhammad Chaudhry and comprising Justice Jawad S Khawaja and Justice Gulzar Ahmed, disqualified ruling PML-N’s MNA Sumaira Malik for possessing fake degree and ruled that she would not be entitled to contest the election in future as well.

The court had ruled that the PML-N MNA was not qualified to contest the elections in terms of the constitutional provisions and she was not holding the office of MNA from Constituency 69 with lawful authority; as a disqualified person has no right to represent the electorate of the country.

The court had further ruled that on account of such disqualification, she would not be entitled to contest the election in future as well, and if she does contest elections and is declared successful, the Election Commission shall be bound to de-notify her.

Later on, Sumaira Malik filed review petition against the judgement of the apex court.On Wednesday, the five member larger bench of the apex court resumed the hearing in the review petition of Sumaira Malik. During the course of hearing Dr Muhammad Ashraf Tahir, Director General Punjab ForensicAgency appeared before the court and submitted that latest technology for verification of photographs is available with the Agency. He said that if National Database and Registration Authority (Nadra) provides him the soft copies of the original photos fixed in the national identity card of Sumaira Malik, they can verify it.

He further said they can also verify the fresh photographs of Sumaira Malik. During the hearing the court was provided admission forms of Punjab University for graduation of Sumaira Malik with original photographs.

Hamid Khan, counsel for Malik Umar Aslam Awan rival candidate of Sumaira Malik, also admitted before the court that the originality of the photographs rested with the Punjab University admission record. He however, contended that the exercise of verification of photographs of Sumaira Malik had already been dealt with by the court and there is no further need of this exercise.

Justice Mian Saqib Nisar however, observed that for their own satisfaction, they want to take the opinion of Dr Muhammad Ashraf Tahir who is representing one of the best Forensic Science Agencies.

I have visited this laboratory and I have never seen any other laboratory better than Punjab Forensic Agency, Justice Saqib Nisar said.He told Hamid Khanthat if he wanted they can send the photographs of Sumaira Malik to Baltimore laboratory for verification. “Khan Sahib if you point out any other laboratory elsewhere in the world we can verify it”, Justice Mian Saqib Nisar told Hamid Khan.

I am not an expert at all but we have to take scientific opinion of Dr Ashraf”, Justice Saqib Nisar said adding that we are just doing it for our own satisfaction.Tomorrow my kids and kids of my kids may not say that our grandfather was a cheat”, Justice Mian Saqib Nisar remarked.

Meanwhile, the court handed over to DG PFSA in sealed envelope two forms of Punjab University having original photographs of Sumaira Malik and directed him to verify it and submit a report within ten days.

The court also directed Sumaira Malik to reach the office of Forensic Sceince Agency by Friday and take fresh photographs for verification in the presence of representative of the respondent.

The court directed DG PFSA to submit report within in ten days with the detection to give his scientific opinion in the said report. Similarly National Database and Registration Authority (Nadra) was directed to provide DG soft copies of the Sumaira Malik National Identity card photographs.

On Hamid Khan’s plea the court also directed to provide DG PFSA, copy of the election poster inscribing photograph of Sumaira Malik.The court also directed DG PFSA to submit reports in other matters too; it is waiting from the Agency and directed him to expedite the work on it. Later, the court adjourned the hearing for ten days.