1. SAIYED SAEED ASHHAD, J---This Constitution petition has been filed by the petitioner against the order, dated 13-9-2002 of the Election Tribunal, since consisting of Zawwar Hussain Jafari, and Sadiq Laghari, JJ. By the aforesaid impugned order the Election Tribunal had allowed the Election Appeal No. 95 of 2002 tiled by respondents Nos. 4 and 5 challenging the acceptance of the nominations form/paper of the petitioner. The petitioner feeling aggrieved and dissatisfied with the order of the Election Tribunal has assailed the same by way of this Constitution petition.
2. Constitution petition was admitted to regular hearing on 19-9-2002.
3. We have heard Mr. Abdul Hafeez Pirzada on behalf of the petitioner Mr. Rasheed A. Rizvi on behalf of the respondents Nos. 6 and 7 and Mr. Muhammad Younas Behan, on behalf of the respondent No. 8 Mr. Allahando Shah. Respondent No.4 appeared in person and advanced his arguments.
4. The petitioner has filed his Nominations Form/paper for the Constituency NA-212 Naushehro Feroze and PS 23 Neaushehro Feroze-V. Regarding eligibility in pursuance of Article 8A of the Conduct of the Election Order, 2002 (hereinafter referred to as the Order of 2002) the petitioner claimed to have obtained "Sanads" of "Fragh" and Shahadatul Aalmiya fil-Ulomul Arabia Wal lslamia from Madarisal Anwarul Uloom Educational Society, Hala-Naka, Hyderabad (hereinafter referred to as the Madarisah) whereby he was eligible to contest the election as he possessed Sanad/degree recognized as equivalent to a Bachelor Degree as required under Article 8A of the Order of 2002.
5. The petitioner has placed reliance on the equivalence certificate issued by the University of Sindh dated 24-72002 issued by the Assistant Registrar (General), University of Sindh, Jamshoro.
6. Mr. Abdul Hafeez Pirzada learned counsel for the petitioner emphatically contended that by containing the aforesaid two Sanads the petitioner has established his eligibility to contest the general elections inasmuch as, he had established beyond any doubt that he possessed Sanads/certificates which are equivalent to a Bachelor's Degree in any discipline as required by Article 8-A of the Order of 2002 and section 99(1)(cc) of the Representation of the People Act, 1976 (hereinafter referred to as the Act 1976).
7. He had drawn our attention to the notification issued by the Election Commission, dated 25-7-2002 whereby holder of Sanad-e-Fragh and Sanad of Sahandatul Aalmiya has been held to be at par with Bachelor Degree in Islamic Studies for the purpose of teaching and seeking admission in M.A Islamic Studies. He had also drawn our attention to the equivalence certificate, dated 24-7-2002 issued by the University of Sindh, whereby Sanad-ul-Fragh has been recognized as equivalent to the B.A. (Pass) Part II, for the purpose of seeking admission to M.A. (Previous) in Arabic/Islamic Culture/ Comparative Religions and for registration as an external candidate at the above said Post-Graduate Examination.
8. The veracity and genuineness of both Sanad-e-Fragh and Sanad/certificate of Shahadatul Aalmiya had been vehemently challenged by the learned counsel appearing for the respondents as well as by respondent No.4. Their contentions were that the petitioner never had studied in said Madarisah and had managed to obtain forged/fake certificate/Sanads in respect of Sanad-e- Fragh as well as Shahadatul Aalmiya. The validity/genuineness of the equivalence certificate, dated 24-7-2002 issued by the University of Sindh was also assailed on the ground that such certificate could have been issued only by the University Grants Commission (hereinafter referred to as UGC) under Article 8A of the 2002 and Sindh University had no authority or power .under any law to issue such certificate. It was submitted that on the aforesaid grounds alleged Sanad-e- Fragh and Sanad of Shahadatul Aalmiya were required to be discarded. Our attention was also invited to notification, dated 25-7-2002 in support of the contention that the Sanad-e-Fragh and Certificate of Shahadatul Aalmiya issued by any or every Madarisah or institution was not to be considered as a valid/proper Sanad/Certificate. It was further submitted that only the Wafaq-ul- Madarisa/Tanzim-ul Madarisa and individual institution, specified in the said notification would be competent to issue the requisite Sanads/Certificates which would be recognized by the University Grants Commission for and only such Sanad of Shahadatul Aalmiya fil-Uloomul Arabic Wal Islamic would be equitable B.A. to Arabic/Islamia Islamic Studies.
9. We have given our due consideration to the arguments advanced by the learned counsel for the parties, as well as relevant provision of law applicable to the facts and circumstances of the case.
10. It is to be observed that in the notification, dated 25-7-2002 name of 10 Wafaq-ul-Madarisah/ Tanzim Madarisah/ Individual Institutions have been specified whose Sanad-ul-Fragh and Sanad of Shahadatul Aalmiya have been recognized by the University Grants Commission as equivalent to the Islamic Studies. The name of Madarisah does not appear in the 10 Wafaq-ul- Madarisa/Tanzim Madarisa/ Individaul Institution mentioned in the said notification. In the circumstances acquiring of Sanad-e-Fragh and Sanad of Shahadatul Aalmiya by the petitioner from the Madarisah cannot be relied upon for holding that the petitioner possesses a degree or Sanad recognized as equivalent to a bachelor degree by the UGC. The Sanad-e-Fragh and Sanad of Shahadatul Aalmiya awarded by , the Madarisah are of no assistance to the petitioner in Atablishing that he possesses a degree/Sanad equivalent to a Bachelor Degree M.A.
11. Arabic/Islamic Islamic Studies so as to be eligible to contest the election.
12. Respondents Nos. 4 and 5 had filed appeal under section 14(5) of the Act of 1976 against the petitioner before the Election Tribunal, a copy of which is on records. In para. 7 of the ground of appeal it was stated that Nawaz Bhutto, O.S.D. and other officers of Sindh University were involved in issuing bogus and manipulated. equivalence certificate to the petitioner. In para. 11 of the ground of appeal it was stated that Hyderabad Police has discovered a case of forgery and secured blank bogus degrees, equivalence certificates and other material. It was further stated that police had arrested several persons including the Head of Madrisah Anwarul Uloom. Abdul Sattar Bozdar, who was also involved in the forgery case. The petitioner had filed his reply to the appeal filed by respondents Nos. 4 and 5 wherein the aforesaid allegations were vehemently denied. Regading the allegation of involvement of Abdul Sattar Bozdar, the petitioner in para. 11 of reply to the grounds denied to have an -Y knowledge of the alleged forgery. He further stated that it had come to his knowledge that Head of the Madarisah had been involved falsely at the behest of his enemies and also on the instigation of the interested parties who wanted to obtain false certificates from him but he being a pious man refused to oblige them thus becoming a victim of circumstances. He also mentioned Of lodging of F.I.R. in respect of cases of forged and bogus certificates of different universities and institution for which some Mafias were responsible but denied that the petitioner was in any way involved in the said forgery.
13. A specific allegation of involvement of Abdul Sattar Bozdar, Head of Madarisah has been made and F.I.R. to the above effect was lodged. This allegation has been denied by the petitioner.
14. However, in view of the specific allegation and lodging of F.I.R. against the Head of the Madarisah, the genuineness and validity of the Madarisah has been jeopardized in a very serious and grave manner. The integrity, reliability and the status of the Head of the Madarisah have also been rendered doubtful and suspicious. A rebuttable presumption of involvement of the Head of the Madarisah in the acts of forging and preparing fake documents/ certificates/ Sandas is warranted.
15. Such presumption is in effect cast doubt on the genuineness and veracity of the certificates/Sanads issued by the Head of the Madarisah including the Sanads/certificates issued in favour of the petitioner. It is, therefore, difficult to exclude that the petitioner holds valid Sanad- ul-Fragh and Sanad of Shahadatul Aalmiya fil-Uloom Arabia wal Islamia.
16. The petitioner in his reply to the appeal filed by the respondents Nos. 4 and 5. In para. 12 thereof stated that he completed the course of Islamic Studies in the Madarsah as an external student and the examination was given in Urdu and not in Arabic. Petitioner further averred therein that he was quite conversant with the Holy Qur'an as he had studied the same in English and Urdu, having spent most of his time in foreign countries. For acquiring Sanad-e-Fragh and Sanad Shahadatul Aalmiya, it is a requirement that the person must have working knowledge of Arabic language. The averment that he spent most of his time in foreign countries tend to support the contention advanced by respondent No.4 that the petitioner was not residing or was available in Hyderabad to pursue the courses in Madrisah for which he was awarded the Sanads in question. There is no concept of pursuing courses of learning in a Madarisah as external student and a person has to attend the Madrisah regularly.
17. For the foregoing facts and discussion it is doubtful to conclude that the petitioner possesses valid Sanad-e-Fragh and Sanad of Shahadatul Aalmiya so as to be treated at par with a Bachelor's Degree as envisaged in Article 8A of the Order of 2002 or section 99(1)(cc) of the Act of 1976.
18. The petitioner has not been able to make out a case for interference with the impugned order of the Election Tribunal. This petition does not merit consideration and is accordingly dismissed.