Graduation condition for contesting polls abolished

ISLAMABAD - A seven-judge bench of the Supreme Court yesterday unanimously struck down the law providing graduation condition for contesting assembly election.
The court presided over by Chief Justice Abdul Hameed Dogar declared the law as discriminatory and in violation of the articles 17 and 25 of the constitutions which guarantees fundamental rights to all citizens and prohibits any discrimination.
The bench issued a short order while detailed judgment would be announced later.
The immediate beneficiary of the verdict would be PPP Co-chairman Asif Zardari who is believed to be a non-graduate.
Zardari is set to contest by-elections to the National Assembly on a seat where polls were deferred due to the assassination of former prime minister Benazir Bhutto.
The court order said it would not be applicable to elections held in 2002 and 2008 but the upcoming by-elections due on June 16 would be exempt.
The Election Commission had rescheduled the by-elections on 38 National and provincial assemblies seats, apparently in anticipation of the court verdict.
The judgment by-passed the protection given to the law by making it part of the Sixth Schedule of the Constitution added under 17th Amendment, listing a host of laws enacted by President Pervez Musharraf as military head of the government before elections.
The schedule provided that any change in any law enlisted in the schedule could not be made without prior approval of the president.
Talking to reporters Attorney-General Qayyum Malik said the judgment would have far reaching implications as it opens up the prospect of challenge to the laws listed in the Sixth Schedule. These include a ban on two-time prime ministers to contest for a third term, the local government law and police law.
Earlier, Malik arguing the case said the law was enacted by one man and was highly discriminatory. Kamran Murtaza, counsel for the petitioner, said a military dictator had imposed an illegal condition to keep certain politicians out of parliament.