PESHAWAR: A Peshawar High Court bench in Mingora (Darul Qaza) on Friday dismissed a writ petition filed by an MPA of Jamaat-i-Islami, Malik Behram Khan, and declared legal the cancellation of his graduation degree by the University of Malakand on the ground of impersonation.

Justice Malik Manzoor Hussain and Justice Haider Ali pronounced its order after hearing arguments of lawyers for the petitioner, a rival candidate and the University of Malakand (UoM).

Last year, the UoM cancelled the degree of Malik Behram on ground of impersonation observing that different persons had appeared instead of him in graduation parts 1 and 2 examinations in 2005 and 2007 respectively.

On June 3, 2014, an election tribunal dismissed an election petition filed by a rival candidate, Sahibzada Sanaullah of Pakistan People’s Party, as at that time the university had not decided the issue.

However, the tribunal asked the university to resolve the issue once and for all.

Malik Behram Khan had won from the provincial assembly constituency of PK-93 Upper Dir –III during the 2013 general elections by receiving 13580 votes whereas Sahibzada Sanaullah had secured 9799 votes.

Last year, the UoM constituted a committee for resolving the issue and in the light of its findings it cancelled the graduation degree of Malik Behram and the said notification was challenged before Darul Qaza.

The court had granted interim relief to the petitioner and suspended order of the UoM, but with the dismissal of the petition the said stay order was also recalled.

Senior advocate Sher Mohammad Khan appeared for Sahibzada Sanaullah and said Malik Behram was accused of possessing dubious graduation degree as he had passed examination through impersonation.

He said against the order of the election tribunal Sahibzada Sanaullah had filed an appeal before the Supreme Court. He added that the said appeal was fixed for hearing on Apr 9 but a bench adjourned hearing because of pendency of the present writ petition.

The lawyer said his client was condemned unheard as before cancellation of his degree no notice was issued to him and his point of view was not taken.

He contended that the UoM had not adopted the required procedure for cancelling his client’s degree. The UoM’s lawyer, Khalid Rehman, said the case of petitioner was that of impersonation.

He produced the examination forms of the petitioner submitted in the Part 1 and Part 2 examinations and contended that both the examination forms carried pictures of different persons and not that of petitioner.

Rehman pointed out before the general elections of 2008 Malik Behram had applied for degree as at that time the condition of graduation was applicable for a candidate. He added that he was issued notice by the UoM and he had twice appeared at that time, but had stated that as he was busy in elections, therefore, he would come afterwards. However, as Jamaat-i-Islami boycotted the 2008 polls, therefore, he did not again turn up for getting degree.

The counsel pointed out that during the general election 2013 he was again candidate and initially his nomination papers were rejected by the returning officer, but the high court allowed him to contest polls. He added that when the petitioner again applied for receiving his degree the university found out that the picture he had pasted on the required degree form was different from that on the examination forms.

He also produced answer sheets of the petitioner in the Part I and part 2 examinations and contended that even the hand writing in all these papers were different. He added that at certain places the petitioner signature was in Urdu, whereas at certain other places, it was in English.

He added that even the petitioner had given wrong permanent address in the examination form and had mentioned that he was having domicile of Swat whereas in fact he belonged to Upper Dir.

Published in Dawn, April 11th, 2015

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