CPs.2693-2694 of 2018
6
The same view is expressed in the judgment of this Court titled Hassan
Nawaz vs. Muhammad Ayub (PLD 2017 SC 70) in para-17 thereof.
4.
The impugned judgments by the learned High Court have
applied the bar of Article 62(1)(f) of the Constitution upon the petitioner
without giving a finding that his declaration of Sanad of Shahad-ul-Aalmia in
his nomination papers filed in the year 2008 was a dishonest and deceitful
action to meet the condition of graduate qualification in order to become
eligible for contesting the general elections. Apart from lacking such finding,
the discussion in the impugned judgment is at best based upon a
presumption and not on any finding or deduction made on the basis of any
material qualifying as evidence. In the circumstances, the presumption
drawn by the impugned judgments is conjectural and cannot be made the
ground for disqualifying the petitioner forever from contesting for or
holding an office in the Constitutional Legislatures of the country.
For the foregoing reasons, both these petitions are converted
into appeals and allowed and the impugned judgments dated 03.07.2018,
26.06.2018 and 19.06.2018 passed by the learned High Court, Appellate
Tribunal and the Returning Officers, respectively, are set aside.
Chief Justice
Judge
Judge
Announced in Court
on 05.12.2018.
Judge.
APPROVED FOR REPORTING.
Irshad Hussain /*