PESHAWAR: The Peshawar High Court (PHC) has quashed a first information report (FIR) registered against a former assistant professor of the Bacha Khan University Charsadda in a fake degree case with observation that the Federal Investigation Agency had no jurisdiction in the matter.
A two-member bench comprising Justice Roohul Amin Khan and Justice Younas Thaheem Khan allowed the writ petition filed for cancellation of the FIR by the FIA.
The court was hearing the quashment petition filed by Dr Fawad Jan. During hearing, counsel for the petitioner Barrister Ameerullah Khan Chamkani submitted that the FIA had no authority to interfere in the affairs of an independent body. He said the university was an independent body.
The lawyer argued that after the 18th Constitutional Amendment, the universities were devolved to provinces and if there was any irregularity or corruption, it came under the jurisdiction of the provincial anti-corruption body. He said that verification of the professors’ degrees in the province rested with the provincial government and its agencies.
Furthermore, he submitted that the FIA officials on an unnamed complaint had started investigation against the degree of the assistant professor.
The lawyer submitted that the FIA officials started investigation of the professor’s PhD degree and finally declared his degree as fake, which he had got from California, US.
The lawyer stated that the FIA assistant director, Shahid Ilyas, and investigation officer Asfandyar had misused powers by investigating the degree and then lodging the FIR and arresting the petitioner. He submitted that the professor’s degree is genuine.
The FIA had registered the FIR against Dr Fawad Jan on the basis of an inquiry in which he was found guilty of having a fake doctorate degree.
The FIA official explained that the accused official had secured job in the university on the basis of a Ph.D degree from the “non-existent” Paramount University California, USA, through a controversial firm, Axact. The FIA officials said that they had formally probed the matter and the case was registered against him after gathering proof.
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