ISLAMABAD, 20 September 2006 — The chief of the Supreme Court of Pakistan, Justice Iftkhar Muhammad Chaudhry, has directed all MPs who submitted madrasa degrees to run for the 2002 general elections to appear before the top court.
Justice Chaudhry issued the ruling yesterday in response to a petition filed by Dr. Aslam Khaki that argued that madrasa degrees were not equivalent to university degrees.
During the 2002 elections, the Pakistani government made it mandatory for people running for elections to have degrees in order to qualify to contest elections. Some 68 contestants, who are now members of Parliament, had submitted madrasa degrees to qualify for participation.
During yesterday’s hearing on the petition, no MP — holding a madrasa degree — appeared in the court prompting the chief justice to issue an order directing them to make an appearance.
Aslam Khaki, the petitioner, said that although madrasa degrees could be used for teaching Islamic studies and Arabic it could not be used for contesting general elections.
The petition follows the emergence of new election rules that allow only graduates in political science, law, and other internationally-recognized subjects to contest elections.
The petition said 68 politicians, all belonging to the Muttaheda Majlis-e-Amal (MMA), contested and won parliamentary seats by producing madrasa degrees and should therefore be disqualified. The petition had been pending before the Supreme Court of Pakistan since 2003. Prominent legislators who contested elections by producing madrasa degrees include Leader of the Opposition Maulana Fazlur Rehman and MMA leader Hafiz Hussain Ahmad.
Many prominent politicians, including former Prime Minister Mustafa Jatoi, Mustafa Khar and Syeda Abida Hussain, were unable to participate in elections, as they did not possess BA degrees.
A three-member penal at the Supreme Court comprising Chief Justice Iftkhar Chaudhry, Justice Abdul Hameed Dogar and Justice Saiyed Saeed Ashhad is presently in the process of hearing the case.
The top court issued notices to the 68 legislators and directed the Senate chairman and speakers of the National Assembly and provincial assemblies to ensure the MPs attend the Supreme Court hearing scheduled for the third week of November.
“They know the verdict and would not appear before the court,” speculated Dr. Sher Afgan Niazi, federal minister for parliamentary affairs, while addressing the court.
Later he told journalists the MPs may be disqualified but refused to give further details as the case is presently active.
Bill to Be Tabled in Original Form
The government will submit the bill on rape and adultery in the next parliamentary session, Prime Minister Shaukat Aziz said yesterday.
Seeking to remove doubts about his government’s commitment a day after the parliamentary session was suspended following weeks of delay over the Women’s Protection Bill, Aziz said the bill would be sent in its original form. “Our commitment is to get the Women’s Protection Bill passed by the Parliament without any change,” Aziz, told a news conference.
