CPs.2693-2694 of 2018
4
vs. Faiz Mai (PLD 2012 SC 211) wherein this Court held that admission must
be categorical, definite and unambiguous in nature and that a mere nondenial of a fact in written statement by the defendant, about a fact which is
not specifically pleaded in the plaint, cannot by stretch of any legal principle
be construed to be an ‘admission’ in terms of law. As already noted above,
there is neither any allegation nor any evidence to show that the petitioner’s
sanad was fake. There is also no evidence on the record to indicate the
constitutional ingredient of “not honest” in Article 62(1)(f) ibid. Equally, there
is nothing to show that the petitioner consciously declared his sanad knowing
that it is not equivalent to a graduate or higher degree.
3.
Disqualification under Article 62(1)(f) of the Constitution
entails a life time bar on eligibility to contest elections as held by this Court
in Sami Ullah Baloch vs. Abdul Karim Nousherwani (PLD 2018 SC 405).
Lack of honesty of the petitioner appears to have been presumed by the
impugned judgments whereas in the context of Article 62(1)(f) of the
Constitution, in the case of Mehmood Akhtar Naqvi
vs.
Federation of
Pakistan (PLD 2012 SC 1089) this Court has recognised that the element of
dishonesty should be present in candidate’s conduct which can be deduced
from his overt acts that reflect deliberate false statement, cheatful
involvement in the use of unfair means and dishonesty. Operative para
therefrom is reproduced herein below:
“22.
… A person who indulges into unfair means in
procuring his educational qualifications and is also
found guilty by the Disciplinary Committee, which is
the only authority competent to inquire into the
matters of
such allegations against candidates
appearing in the examination of the said University,
does not deserve to claim to be an honest, righteous