ISLAMABAD - Disqualifying Sumaira Malik as a member of National Assembly in a fake degree case for life, the Supreme Court on Monday directed the Election Commission of Pakistan to proceed against her in accordance with law.
A three-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, hearing all the parties on October 9, 2013, had reserved the judgment which was announced on Monday in the courtroom.
The 39-page judgment, authored by Chief Justice Iftikhar Muhammad Chaudhry, declared the notification of March 1, 2008, declaring Sumaira Malik as a returned candidate from NA-69 (Khushab-I) in the general elections held on 18-2-2008 void. She was declared to be disqualified from becoming an MNA with all its consequences. “The court noted that as a disqualified person she has no right to represent the electorates of the country,” it added.
A supporter of Sumaira Malik, Muhammad Riaz who was present in the apex court, had a heart attack when he heard the news of her disqualification. He was taken to Polyclinic Hospital, Islamabad, where the doctors pronounced him dead.
The judgment noted: “On account of such qualification she would not be entitled to contest election in future as well and if she does contest election and is declared successful, the Election Commission shall be bound to de-notify her.”
The judgment noted: “She had obtained a BA degree by way of impersonation and, depending upon the same educational qualification as it is normally disclosed by candidates in their nominations papers, she proved herself not to be a truthful person.”
She was elected an MNA on the ticket of PML-Q in the 2008 general elections. A losing candidate from the constituency, Malik Umar Aslam Awan, had filed a petition, challenging Sumaira’s victory and had alleged that the lawmaker had done her intermediate in 1981 and, in order to avoid her ineligibility, she had managed to obtain a fake BA degree.
The court has allowed appeal.