MUZAFFARABAD (Kashmir English): The Azad Jammu and Kashmir (AJK) Supreme Court has ordered the immediate dismissal of a senior officer of the Legislative Assembly for obtaining employment on the basis of a fake educational degree.
A two-member bench headed by Chief Justice Raja Saeed Akram Khan rejected the appeal of Mushtaq Ahmed Abbasi, Protocol Officer of the Assembly Secretariat, and upheld the High Court’s decision which had dismissed his writ petition challenging the inquiry of the Accountability Bureau.
The Supreme Court, in its decision authored by the Chief Justice, stated that the BA degree presented by Mushtaq Abbasi at the time of his appointment to the Legislative Assembly in 1995 was declared fake by Punjab University, clarifying that this degree was issued in the name of a person named Adeel Anjum son of Aziz-ur-Rehman.
The court also clarified that Punjab University not only disclaimed this degree but also formally cancelled it in February 2001, which proved that the applicant obtained government employment through fake educational credentials.
It should be noted that Mushtaq Abbasi was recruited in Grade 17 in 1995 by the then Speaker and his maternal uncle, Abdul Rashid Abbasi.
Later, his post was upgraded to Grade 18. A few years ago, he was given Grade 19 due to his length of service.
Soon after Mushtaq Abbasi’s appointment, there was a media outcry regarding his fake degree, and despite a clear letter from Punjab University in 2001, all subsequent Speakers refrained from dismissing him for political reasons.
The court also rejected Mushtaq Abbasi’s argument that since the original complainant had withdrawn the application, the Accountability Bureau no longer had the authority to conduct an inquiry.
AJK Ehtesab Bureau
The Supreme Court ruled that the Ehtesab Bureau has full legal authority to investigate matters such as fake documents and misuse of authority, even if the original complainant has withdrawn his application.
The court also stated that even if a case is pending in a civil court, administrative or criminal action can be taken on fake documents or fraud, especially when the concerned institution itself has declared the degree fake.
The court ruled that considering the clear position of Punjab University, it found no legal flaw in the High Court’s decision.
The Supreme Court directed the Advocate General to convey the court’s observations and orders to the Secretary of the Legislative Assembly and ensure that the applicant is immediately dismissed from service.
The Supreme Court also clarified that this decision will empower the Ehtesab Bureau to file a formal reference against Mushtaq Abbasi under the Ehtesab Bureau Act 2001 if it deems necessary.
