ISLAMABAD, March 13: The Supreme Court dismissed on Thursday an election petition after PPP candidate from NA-118 Lahore Syed Asif Akhtar Hashmi withdrew his plea challenging the graduation degree of his opponent Malik Mohammad Riaz of the PML-N.
A three-member bench comprising Chief Justice Abdul Hameed Dogar, Justice Ejaz-ul-Hassan and Justice Ch Ejaz Yousaf disposed of the petition which alleged that the PML-N candidate possessed a fake degree.
“I am happy and satisfied with the decision which has boosted my confidence in the judiciary,” Malik Riaz told reporters after the decision.
Earlier, a bench had referred the challenge to the chief justice seeking constitution of a new bench to hear the matter after some ‘unpleasant’ remarks were made against a senior counsel during hearing.
Advocate Akram Sheikh representing Malik Riaz informed the bench that the gazette of the University of Azad Jammu and Kashmir for the result of the BA/BSc annual examination 2006 suggested that his client had been declared successful in the examination under Roll No 13640 and the result card bearing serial No 9698 was also issued on October 5, 2006, after the publication of the university’s gazette and declaration of the result.
Attorney General Malik Mohammad Qayyum, who appeared as a private counsel for Asif Akhtar, argued that although the degree of Malik Riaz was not fake, it was still awaited at the time of submission of the nomination papers. He contested the election on a result card which was a violation of the election rules, he added.
A legal adviser for the AJK University also submitted the original degree and other records (BA examination) of Malik Riaz before the court. However, the AG declined to see the original degree and withdrew the petition.
The Supreme Court had stayed the Election Commission from notifying Malik Riaz as a successful candidate. Asif Hashmi had challenged the Feb 26 order of the Lahore High Court pleading that the Election Commission had accepted the nomination of Malik Riaz despite the fact that he was not a graduate and did not satisfy the basic eligibility to contest the elections.
The petitioner contended that being a duly qualified candidate and a runner-up he was the legitimate and rightful candidate to be declared successful.































