PHC to decide sanad cases as per SC judgment
PESHAWAR, Aug 20: The Peshawar High Court on Friday observed that it would decide the writ petitions relating to sanads of seminaries in the light of a recent judgment of the Supreme Court.
A two-member bench comprising Justice Ijaz Afzal and Justice Dost Muhammad Khan directed the petitioners to provide a copy of the apex court’s judgment delivered in Lahore on Aug 16.
The bench fixed Aug 23 for next hearing, two days before the second phase of the local government polls.
Before the apex court’s verdict the high court had allowed scores of candidates to contest the polls on the basis of sanads, observing that the sanad of Shahadatul Sanvia Ama was equivalent to the Secondary School Certificate or matriculation, the qualification set for candidates for the posts of nazim and naib nazim.
Many candidates possessing sanads have already contested the local government elections in the 12 districts of the NWFP on Aug 18.
Two of the instant three petitions have been filed by candidates Abdul Ghaffar and Amir Muhammad, who possess the said sanad. They have been contesting for the posts of nazim of union councils Gawaldai and Kalkot (Upper Dir), respectively.
Their nomination papers were dismissed by returning officers and the high court had granted them interim relief and allowed them to contest polls subject to the decision in the main writ petitions.
The third petition has been filed by a candidate from Hangu, Saeed Jan, who has challenged the candidature of his rival candidate, Sher Alam Farouqi, on the ground that he possessed the sanad of Shahadatul Sanvia Ama issued by the Ittehadul Madaris.
Advocate Nek Nawaz Khan appeared in the first two petitions, whereas Abdul Lateef Afridi represented the third petitioner.
Mr Afridi contended that the apex court had laid down guidelines for candidates possessing these sanads.
He said the court had ruled that only those candidates possessing these sanads would be qualified to contest the polls who had cleared three compulsory subjects of English, Urdu and Pakistan Studies.
The PHC bench observed that they had not received the apex court’s verdict and would decide the petitions in the light of guidelines set by the Supreme Court.
PETITIONS FILED: Meanwhile, three writ petitions were filed on Friday, requesting the high court to bar three contesting candidates in the Lakki Marwat districts on the basis of the Supreme Court’s verdict.
The petitioners challenged the candidature of three candidates enjoying support of the Jamiat Ulema-i-Islam and the Pakistan Muslim League.
The petitioners said their rival candidates possessed the madressah sanads and after the apex court’s verdict they were not entitled to contest polls.