Over 11 years after she was disgraced for holding a fake degree, the disqualification of Pakistan Muslim League (PML) leader and former member of provincial assembly (MPA) Samina Khawar Hayat was overturned by the Supreme Court on Tuesday.
The top court has allowed Hayat's review petition and declared as invalid her disqualification on the grounds of holding a fake degree.
This was decided as a three-judge bench headed by Chief Justice Qazi Faez Isa took up her review petition.
The top court has observed that a seven-judge bench of this court has already decided that an individual cannot be disqualified from becoming a member of Parliament in a suo moto notice.
The top court has further observed that the judgment regarding Hayat's disqualification should be reviewed on the touchstone of the seven-judge bench's ruling.
Tariq Mehmood, the counsel for the former MPA, argued before the bench that the top court had disqualified an elected member as a consequence of a suo moto notice.
He further contended that the top court's decision on disqualification cannot be sustained in the eyes of the law.
Chief Justice Isa inquired whether the Election Commission of Pakistan (ECP) has objections to waiving the disqualification.
ECP's Law Director General submitted that the commission has no objections if the disqualification is overturned.
They further reminded the court that following alterations in the law, the timeframe for disqualifications has been set at five years, which had already passed.
On July 25, 2013, a bench of the top court, headed by then Chief Justice Iftikhar Muhammad Chaudhry, disqualified Samina Khawar Hayat for possessing a fake degree.