SC summons 70 MMA MPs in Madaris degrees hearing
By Saad Saud

ISLAMABAD—Supreme Court (SC) has issued notices to 70 members of MMA including Maulana Fazlur Rehman in deeni madaris degrees case and adjourned hearing of case till October, 29.
A 3-member SC bench presided over by Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry and comprising justice Mian Shakir Ullah Jan and justice Nasir ul Mulk heard the constitutional petitions filed against Election Commission of Pakistan notification on equivalence of Deeni madaris certificates with BA degrees.
Ibrahim Satti, counsel for MMA legislator Mufti Ibrar Sultan while arguing on appeal plea filed against the Peshawar High Court (PHC) orders regarding disqualification of his client pleaded that certificates issued by the madaris affiliated with Wafaq ul Madaris were equivalent to degrees of graduation and post graduation. Mufti Ibrahim had won the election on national assembly seat against Syed Iftikhar Hussain Gillani.
Citing to cases of Nawaz Sharif and Benazir Bhutto, Ibrahim Satti advocate argued SC had already maintained in these cases that it was fundamental right of every citizen to participate in the elections.
Presenting the interpretations of article 62 and 63 of the constitution he said Pakistan is an Islamic country and its parliament is named as “Majlis-e-Shoora. No law can be framed repugnant to Quran and Sunnah under objective resolution. Ulema have a specific role and status in Muslim societies. Therefore, the court should not declare the Maulvis disqualified on these basis, he prayed.
CJP remarked “ we are not declaring Maulvis disqualified. We are only saying that deeni madaris certificates be presented before the court. We have no personal grudge with any one”.
Ibrahim Satti advocate contended that declaring his client disqualified would be injustice with the voters who had elected Ulema. CJP observed voter does not make distinction between any Maulvi or Non-Maulvi. The question arises if you were so much conscious of your voters then why you tendered resignations, he further observed.
Ibrahim Satti advocate submitted “ you were not aware of the causes of the resignations.
CJP remarked “ We know nothing. We even don’t know about what is happening outside this door.
CJP while addressing applicant Syed Iftikhar Hussain Gillani observed that hearing of the case be adjourned till October, 29 as court time was becoming over.
Applicant Iftikhar Hussain Gillani said “ we are not in any haste. Already four and half years have been elapsed, he submitted. He prayed the court to issue interim order. The learned bench issued notices to federation of Pakistan, election commission and 68 members of national assembly and senate of MMA including opposition leader Maulana Fazlur Rehman, Maulana Khalil Ur Rehman and Hafiz Hussain Ahmad.
Syed Iftikhar Gillani who lost the election against MMA legislator Mufti Ibrar Hussain from Kohat while terming the deeni madaris certificate held by the latter as fake had challenged the validity of the certificate in election tribunal Peshawar. His application was rejected by the tribunal. He later filed appeal plea in Peshawar High Court (PHC).
Mufti Ibrar Sultan was declared disqualified by PHC who filed appeal against this decision in SC. The apex court stayed his disqualification orders. This case was also clubbed with other cases.