IN THE SUPREME COURT OF PAKISTAN 
 
(Original Jurisdiction) 
 
PRESENT: 
 
MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY, C.J 
MR. JUSTICE IJAZ AHMED CHAUDHRY 
MR. JUSTICE SH. AZMAT SAEED 
 
C.M.A. NO.3470 OF 2013 IN CMA 1536/2013  
IN CIVIL APPEAL NO. 191-L & 409 OF 2010 
(Action taken on News Clipping dated 4.6.2013 published 
in Daily Jang, against the Parliamentarians having 
fake/bogus degrees)  
AND 
CIVIL MISC. APPLICATION NO.3723 OF 2013 
(Application by Nawazada Ghazanfar Ali Gull for taking 
action against Ch. Wajahat Hussain, MNA on account of 
fake degree) 
AND 
CIVIL MISC. APPLICATION NO.4275 OF 2013 
(Application on behalf of Ch. Ghulam Qamar for taking 
action against Ghulam Sarwar Khan, MNA, on account of 
having fake degree) 
AND 
CIVIL MISC. APPLICATION NO.4295 OF 2013 
(Application on behalf of Muhammad Atta Shah and 
others against Mr. Faisal Zaman, MPA, on account of 
having fake degree) 
AND 
CIVIL MISC. APPLICATION NO.4337 OF 2013 
(Application on behalf of Faisal Javed against Rana 
Munawar Hussain, MPA, on account of having fake 
degree) 
 
For the Applicants:  
Nawabzada Ghazanfar Ali Gul, Adv. 
 
 
 
 
(in CMA.3723/2013) 
 
Sh. Ahsan-ud-Din, ASC  
 
 
 
 
(in CMA.4275/2013) 
 
 
 
 
 
Syed Attique Shah, ASC 
 
 
 
 
(in CMA.4295/2013) 
 
 
 
 
 
Raja Amir Abbas, ASC 
 
 
 
 
(in CMA.4337/2013) 
 
On Court Notice: 
 
For the HEC:  
 
Mian Muhammad Hanif, ASC 
 
 
 
 
Raja Abdul Ghafoor, AOR 
 
 
 
 
Mr. Raza Chohan, DG(A&A) 
 
 
 
 
Mr. Azizullah, AD (A&A) 
 
2 
 
 
 
 
Mr. Umar Hanif Khichi, Legal Counsel 
For ECP 
 
 
Mr. Abdul Rehman Khan, DG (Law) 
 
 
For the Parliamentarians:  
 
 
 
 
 
 
Mr. Waseem Sajjad, Sr. ASC 
 
 
 
 
(On behalf of Faisal Zaman, MPA) 
 
 
 
 
 
Mr. Tariq Mahmood, Sr. ASC 
 
 
 
 
(On behalf of Ms. Samina Khawar Hayat) 
 
 
 
 
 
 
Syed Nayyab Hassan Gardezi, ASC 
 
 
 
 
(On behalf of Ch. Wajahat Hussain) 
 
 
 
 
 
Mr. Zulfiqar Khalid Maluka, ASC 
 
 
 
 
(On behalf of Malik Muhammad Nawaz, MPA) 
 
 
 
 
 
Mr. Ghulam Mustafa Kandwal, ASC 
 
 
 
 
(On behalf of Makhdoom Syed Ali Raza, MNA) 
 
 
 
 
 
 
 
 
 
 
Raja Shoukat Aziz Bhatti, MPA, In person 
 
 
 
 
 
Mr. Karam Dad Wahla, MPA In person 
 
 
 
 
Mr. Muhammad Ahmad, In person 
 
 
 
 
(brother of Kh. Muhammad Islam, MPA) 
 
 
 
 
Ms. Maiza Hameed, MPA (In person) 
 
 
 
 
 
Date of hearing  
 
8.7.2013 
 
O R D E R 
 
 
Ms. Samina Khawar Hayat: 
The Election Commission of Pakistan (ECP) vide CMA 
No.3470 of 2013 had stated that Higher Education Commission 
(HEC) declared the degree of Ms. Samina Khawar Hayat as 
fake/bogus whereas the ECP in CMA No.4055/2013 had filed the 
following statement, which has been reproduced herein below:- 
“7) 
That it is brought to the notice of this Hon’ble Court 
that overall outcome of the verification process was 
communicated to the Election Commission of Pakistan dated 
06.04.2013. However as far as the case of the Samina 
Khawar Hayat is concerned, she has made an application 
stating that in fact her degree issued by the PIMSAT dated 
 
3 
25.09.2006 is genuine which had been verified by the Higher 
Education Commission on 23.12.2010 whereafter, it was 
found, it is most humbly submitted, that earlier a degree in 
the name of Samina Saleem of BBA shown to have been 
issued by the Riphah International University was declared 
fake to which she had disowned before the Election 
Commission of Pakistan and favourable order was passed in 
her favour on 13.03.2012 by ECP as she had produced a 
degree from PIMSAT issued on September 25, 2006 which 
was attested and verified by HEC on 23.12.2010 and now 
she has been allowed to participate in the recent election by 
the Election Tribunal, Lahore High Court, Lahore vide order 
dated 15.04.2013. (Annexure “G”).” 
 
  
It is to be noted that along with CMA No.4336/2013, which 
has been filed by the ECP, the Nomination Papers to all other 
persons whose degrees have been verified are available but the 
Nomination Papers of Ms. Samina Khawar Hayat has not been 
filed. In such view of the matter, a precise question for 
consideration would be as to whether she relied upon a degree 
dated 25.9.2006 which was considered to be a fake on 
23.12.2010. Subsequent thereto, it appears that this degree was in 
the name of one Samina Aslam, therefore, she disowned it and 
stated that she has passed BBA from the Preston University and 
degree was issued in her favour on 25.9.2008, which was attested 
and verified by the HEC on 23.2.2012. In such view of the 
matter, we direct the Election Commission of Pakistan to place 
on record her nomination papers which she submitted during the 
 
4 
Election of 2008 as well as 2013 on the basis of which she has 
been returned as a successful candidate. Let the Election 
Commission of Pakistan do the needful by tomorrow i.e. 
9.7.2013. Similarly, the HEC is directed to place on record the 
original record so as to verify the genuineness or otherwise of the 
degree.  
Sardar Mir Badshah Qaisrani 
No one has appeared on behalf of Sardar Mir Badshah 
Qaisrani whose degree has been found fake. Issue notice for his 
appearance through the Election Commission as according to the 
Director General (Law), ECP, he has been declared successful in 
the Elections held on 11th May, 2013.  
Adjourned to 18.7.2013. 
 
Raja Shoukat Aziz Bhatti 
 
  
As far as the case of Raja Shoukat Aziz Bhatti is 
concerned, according to the HEC, the degree relied upon by him 
is genuine but pertains to Mr. Shoukat Aziz Sheikh. He stated 
that the ECP has filed Criminal Petition No.111/2013 against him 
in respect of the same issue, which  is pending before this Court. 
The office is directed to club the said case with this case. He has 
also requested for some time to engage a counsel.  
Adjourned for tomorrow i.e. 9.7.2013. 
 
5 
Nawabzada Mir Nadir Magsi 
 
Issue notice to Nawabzada Mir Nadir Magsi through the 
Election Commission of Pakistan, as according to the Director 
General (Law), ECP, he has been declared a successful candidate 
in the Elections held on 11th May, 2013. In the meanwhile, the 
HEC to put up a comprehensive report about the genuineness of 
his degree.  
Adjourned to 18.7.2013. 
 
Maulvi Agha Muhammad  
Maulvi Agha Muhammad is not in attendance. Office has 
reported that Civil Appeal No.427/2013 filed by him stands fixed 
before this Court on 11.7.2013. Let this matter be fixed along 
with the said appeal. 
  
Kh. Muhammad Islam 
 A request for adjournment has been made by his brother 
(Muhammad Ahmed). Kh. Muhammad Islam is directed to 
appear before this Court on tomorrow i.e. 9.7.2013. 
Mr.  Karam Dad Wahla  
He appeared and stated that in fact he had lost the original 
educational testimonials and he has now obtained the duplicate of 
the same. He has submitted the same for their verification on 
 
6 
3.7.2013 before the HEC. The HEC is directed to expedite the 
verification process before the next date of hearing.  
Adjourned to 18.7.2013. 
Makhdoom Syed Ali Raza Shah 
As far as the case of Syed Ali Raza Shah is 
concerned, his BA degree has not been verified because it has 
been reported that in his absence in the year 1972 his 
Matriculation Certificate was cancelled and against the said order 
a Writ Petition No.7220/2013 has been filed before the Lahore 
High Court, Lahore. It is contended that  the learned High Court 
may decide the case in view of the fact that he is not responsible 
for giving incorrect date, on the basis of which the certificate has 
been cancelled. According to him, he has passed Matriculation 
and FA from the Atchison College, Lahore. In view of the fact 
that the matter is pending, in the meanwhile, the HEC is directed 
to collect all the documents and verify the same. However, we 
may also observe that let the learned High Court may dispose of 
the matter expeditiously as early as possible within a period of 7 
days after receipt of this Order, enabling this Court to proceed 
with his case.  
Adjourned to 18.7.2013.  
 
 
 
7 
Malik Muhammad Nawaz 
So far as the case of Malik Muhammad Nawaz is 
concerned, his degrees have not been verified so far. The learned 
counsel for the HEC is directed to submit a report in this behalf 
by tomorrow i.e. 9.7.2013. 
Ms. Zaib Jaffar: 
 
 
According to the learned counsel for the HEC, the 
documents of Ms. Zaib Jaffar have been received on 5th of July, 
2013 and report from the concerned authority is awaited and the 
report in this regard shall be filed before the next date of hearing.  
 
Adjourned to 18.7.2013. 
Ms. Maiza Hameed: 
 
 
Ms. Maiza Hameed appeared and stated that she has 
handed over all the educational documents in original to the 
HEC. The learned counsel for the HEC stated that the according 
to the documents which have been received, she is not qualified 
to be holder of the degree equivalent BA Degree. In such view of 
the matter, we direct the HEC to pronounce the decision as to 
whatever the documents have been received are equivalent to the 
BA or not?  
Adjourned to 18.7.2013.  
 
 
 
8 
Mr. Iftikhar Hussain Gillani: 
 
 
Mr. Iftikhar Hussain Gillani is not in attendance. 
According to the HEC, his documents were unverified. Issue 
notice to him for his appearance before this Court through the 
Election Commission of Pakistan, on the next date of hearing i.e. 
18.7.2013.  
Mr. Bilal Rehman: 
According to the learned counsel appearing for HEC, 
his documents had been verified, therefore, no further action is 
called for. Notice to his extent is discharged.  
CMA No.3723/2013: 
It has been informed that Ch. Wajahat Hussain had 
contested the Election for the year 2013 but could not succeed. In 
such view of the matter, the listed CMA is disposed of. If the 
applicant has any grievance he may agitate the same before a 
Competent Forum, as presently we have taken up the issue in 
respect of the implementation of our earlier judgment in respect 
of those persons who have been returned as successful.  
CMA No.4275/2013: 
Notice to the Election Commission of Pakistan and 
the Higher Education Commission, to explain as to whether 
respondent Ghulam Sarwar contested the Election of 2008 by 
declaring himself to be a holder of BA degree; and the said 
 
9 
degree was a genuine or otherwise. In the meanwhile, notice to 
the Election Commission of Pakistan be also issued as to whether 
he contested the Election in the year 2008. The learned counsel 
further stated that for possessing a bogus degree as complaint was 
filed against him vide FIR No.67/2012 at Police Station ACE, 
Lahore and the matter is still pending before the learned Anti 
Corruption Court and bail before arrest  (Crl. M. No.16724-
B/2012) is pending before the Lahore High Court. In the 
meanwhile, the HEC shall call for documents from the 
respondent and verify the same and submit a report on the next 
date of hearing. The Registrar shall also obtain the report from 
the learned Lahore High Court in respect of the pendency of the 
bail matter.  
Adjourned to 18.7.2013.  
 
CMA No.4295/2013: 
Mr. Waseem Sajjad, learned Sr. ASC has pointed out 
that in respect of the verification of the degrees, the matter is  
also pending before the Election Commission  and the judgment 
has been reserved. The Secretary, Election Commission may 
inform the outcome on the next date of hearing. In the 
meanwhile, the HEC is directed to verify the degree before the 
next date of hearing.  
Adjourned for 18.7.2013.  
 
10
CMA No.4337/2013: 
Notice to the HEC to verify the degree. In the meanwhile, 
notice to the Election Commission and respondent Rana 
Munawar, MPA (PP-36) through the Election Commission of 
Pakistan as he has been reportedly declared as successful from 
the said constituency.  
Adjourned to 18.7.2013. 
  
 
 
 
 
 
 
 
 
    Chief Justice  
 
 
 
 
 
 
 
 
 
 
 
 
Judge 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Judge 
 
Islamabad, the 
8th July, 2013. 
 
 
 
 
 
 
 
*M. Safdar Mahmood*