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"Let there arise out of you a band of people inviting to all that is good enjoining what is right and forbidding what is wrong; they are the ones to attain felicity".
(surah Al-Imran,ayat-104)
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25th September, 2006.

The Communist Party of Pakistan (CPP) has issued the following press statement:

Supreme Court to hear disqualification petition against Federal Minister Ghulam Sarwar Khan tomorrow on 26th Sept, 2006.

The hearing of election petition against Federal Minister Ghulam Sarwar Khan, seeking his disqualification from the membership of National Assembly will resume tomorrow Tuesday on 26th September, 2006 at Islamabad by the Full Bench of the Supreme Court of Pakistan headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry.

An election appeal against the judgment of the election tribunal Punjab in favour of a Muslim Leaguer Federal Minister Ghulam Sarwar Khan has been challenged in the Supreme Court of Pakistan by his rival candidate Engineer Jameel Ahmad Malik, who is the Chairman of the Communist Party of Pakistan.



Engineer Jameel is seeking disqualification of the Federal Minister Ghulam Sarwar Khan from the SC on the grounds that he had forged a mechanical diploma of another person for appearing in the BA Examination from Islamia University, Bahawalpur in the year 2002 while contesting the election of the National Assembly from the constituency of NA-53, Rwp-IV.



He filed the election appeal under section 67(3) of the Representation of the People Act, 1976.



Mr. Malik in his election appeal before the SC has emphasized that the election tribunal did not decided his petition on merit and instead decided the petition purely on a very hyper technical ground like this that the election petition did not have the stamp of Oath Commissioner while ignoring this very basic fact that the election petition was accompanied by an affidavit of the petitioner duly sworn and attested by the Oath Commissioner.



Engineer Jameel was highly critical that the election tribunal by giving cover of technical nature instead of trial on merits to the Federal Minister Ghulam Sarwar Khan allowed him to remain in office despite inherent disqualification.



The decision of the election tribunal is totally in contrary with the dictates of the Apex Court, who has held on a number of occasions that technicalities alone should not hinder in the interest of justice and the decision to be done on the merits alone was also negated by the election tribunal, he vehemently wrote in his election appeal.



Ha also drawn attention of the SC to the consistent view of the Apex Court that the rules of procedure are meant to advance justice and to preserve the rights of litigants and they are not meant to entrap them into blind corner so as to frustrate the purpose of law and justice.



In his appeal before the SC, Engineer Jameel categorically said that the qualification of education for being elected or chosen as a member of an Assembly to be at least a graduate possessing a Bachelor Degree in any discipline duly recognized by the University Grants Commission was firstly inserted by the Chief Executive’s Order No. 17 of 2002 dated 24-6-2002 as section 8-A in the Conduct of General Elections Order, 2002 and was secondly inserted by Ordinance No. XXXVI of 2002 dated 31-7-2002 in Section 99 (1) (cc) of the Representation of the People Act, 1976.



And when these legislations incorporated by the Chief Executive were challenged in a Constitutional Petition under Article 184(3) of the Constitution of Pakistan, 1973 by quite a large numbers of petitions having titled Pakistan Muslim League (Q) Versus Chief Executive of Islamic Republic of Pakistan, etc reported as PLD 2002 SC 994 in which it was concluded by the Supreme Court that “ we are of the view that the education-related qualification is reasonable and not arbitrary or whimsical because firstly, being a step towards transformation of the political culture it is founded on reasonable basis and secondly, it equally applies to all the graduates and does not discriminate any graduate or create a class within the graduates.”



He pleaded in election appeal in SC that it is really very surprising that such a national issue of great importance which was even upheld by this Apex Court was negated, bypassed and ignored by the Election Tribunal on hyper technical grounds ignoring this very important aspect that Engineer Jameel had raised serious questions as to the qualification of Mr. Ghulam Sarwar Khan, who is not a graduate and had forged a diploma of another person for appearing in the BA Examination from Islamia University, Bahawalpur in the year 2002.



Those questions were not reached because the Election Tribunal chose to rely upon technicalities and thereby to stifle the Election Petition at its inception. The law does not countenance such a course to resolve such serious disputes; Mr. Malik concluded and filed his election appeal in Supreme Court with these remarks.
 Reply:   SC sends Sarwar Khan's case to
Replied by(Ghost) Replied on (28/Sep/2006)
A three-judge bench of Supreme Court headed by Chief Justice Iftikhar Mohammed Chaudhry Tuesday remanded an appeal of Pakistan Communist Party to Election Tribunal, Punjab, which challenged
SC sends Sarwar Khan's case to ET (THE NATION Dated 27-9-2006)

Assad Hameed

ISLAMABAD - A three-judge bench of Supreme Court headed by Chief Justice Iftikhar Mohammed Chaudhry Tuesday remanded an appeal of Pakistan Communist Party to Election Tribunal, Punjab, which challenged Federal Minister Ghulam Sarwar Khan for contesting polls on a fake certificate.

The apex court had directed Punjab Election Tribunal to decide the plea of Engineer Jamil Malik, chief of Pakistan Communist Party that alleged that Ghulam Sarwar Khan contested elections for NA-53 while attaching a fake engineering diploma with his nomination papers.

The appellant is also pleading that the diploma certificate is not equivalent to graduation, a mandatory qualification for contesting the general elections in Pakistan since 2002.

Arguing his appeal in person, Jamil stated that Punjab Election Tribunal wrongly turned down his appeal on the ground that the documents attached with the same were not attested.

The appellant submitted that he had attached attested affidavit and other documents with his appeal when it was filed before Punjab Election Tribunal. All the attached documents were containing a stamp and signature of the oath commissioner, the appellant further submitted.

He further stated that the rejection of appeal by tribunal was not correct and the decision was liable to be set aside.
After hearing arguments, the three-member bench of apex court remanded the case to Punjab Election Tribunal with the direction to dispose the matter within eight weeks.

Besides the Chief Justice, other two learned members of the bench were Justice Abdul Hameed Dogar and Justice Saiyed Saeed Ashhad.

Engineer Jamil was one of the contenders against Ghulam Sarwar Khan in the general elections of 2002 from NA-53 (Wah-Taxila) , Rawalpindi.

http://nation. com.pk/daily/ sep-2006/ 27/index15. php


(DAWN INTERNET EDITION Dated 27-9-2006)

Tribunal told to entertain plea : Labour minister’s qualification case


By Our Staff Reporter

ISLAMABAD, Sept 26: The Supreme Court on Tuesday asked an election tribunal to entertain and decide within eight weeks a disqualification plea against federal minister for labour, manpower and overseas Pakistanis Ghulam Sarwar Khan.

A three-member bench comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Abdul Hameed Dogar and Justice Saiyed Saeed Ashhad was hearing a petition filed by Engineer Jameel Malik, a rival candidate from NA-53, Taxila.

He had challenged the election of the minister to the National Assembly before an election tribunal on the ground that he possessed a bogus educational certificate. The tribunal, however, refused to entertain the petition stating that there was no attestation by the oath commissioner on his affidavits.

Mr Malik then approached the Supreme Court on March 6, 2004, seeking a directive against the judge of the tribunal to hear his petition on merit.

Appearing before the apex court in person, the petitioner argued that the election tribunal had wrongfully dismissed his petition as his affidavit was duly signed and attested by an oath commissioner.

After hearing the arguments, the bench allowed his appeal and issued directives to the tribunal.

http://www.dawn. com/2006/ 09/27/nat17. htm



(THE NEWS INTERNET EDITION Dated 27-9-2006)

Election Tribunal directed to entertain petition against minister

By Muhammad Qasim

ISLAMABAD: The Supreme Court of Pakistan Tuesday directed the Election Tribunal to entertain a disqualification petition against Federal Minister for Labour, Manpower and Overseas Pakistanis Malik Ghulam Sarwar.

A three-member bench of the apex court comprising Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry, Justice Abdul Hameed Dogar and Justice Saiyed Saeed Ashhad also directed the Election Tribunal to dispose of the case within eight weeks.

Malik Ghulam Sarwar's election to the National Assembly from the seat of NA-53 Taxila, Rawalpindi-IV, was challenged on the grounds that he allegedly had a bogus educational certificate.

A rival candidate on the same seat, Engineer Jamil Malik, had challenged Sarwar's election by filing a disqualification petition in the Election Tribunal, where it was not entertained on the reason that his petition had not been attested by the oath commissioner.

Engineer Jamil then filed a petition in the Supreme Court on March 6, 2004 against the decision of the Tribunal. He sought direction of the apex court to the judge of the Tribunal to maintain his petition on merit.

On Tuesday, Engineer Jamil appeared before the bench and argued that the Election Tribunal dismissed his petition wrongfully as his affidavit was duly signed and attested by the oath commissioner.

The bench after hearing the arguments, allowed his appeal and issued directives to the Election Tribunal to entertain his petition and dispose of the case within eight weeks.

http://thenews. jang.com. pk/daily_ detail.asp? id=26107



(DAILY TIMES INTERNET EDITION Dated 27-9-2006)

Tribunal directed to hear petition against minister

By Mohammad Kamran

ISLAMABAD: A three-member bench of the Supreme Court (SC) on Tuesday directed a election tribunal (ET) to hear a disqualification petition filed against Malik Ghulam Sarwar, federal minister for labour manpower and overseas Pakistanis, and dispose the case within eight weeks.

The ministers’ election to the National Assembly from the seat of NA-53 Taxila, Rawalpindi-IV was challenged on the grounds that he had a bogus degree.

A rival candidate on the same seat, Jamil Malik, challenged the election of the minister by filing a disqualification petition in the ET. However, his petition was turned down for lacking attestation by the oath commissioner. Jamil Malik then filed a petition in the SC on March 6, 2004. He sought direction of the court to the ET judge to maintain his petition on merit. On Tuesday, he appeared before the bench and said that the ET wrongfully dismissed his petition, as his affidavit was duly signed and attested by the oath commissioner.
http://www.dailytim es.com.pk/ default.asp? page=2006\ 09\27\story_ 27-9-2006_ pg11_5
 
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