ISLAMABAD The Supreme Court on Friday observed Election Commission or Election Commissioner individually or any person authorised by him can proceed against the Parliamentarians holding fake degrees. A three-member bench comprising Chief Justice Iftikhar Chaudhary, Justice Tariq Pervaiz and Justice Ghulam Rabbani was hearing a petition filed by the Secretary Election Commission of Pakistan (ECP) for taking action against Aamir Yar Waran for holding bogus degree. The court also declared that even any citizen could file case in the Sessions and District Court against the Parliamentarians having fake degrees. The Chief Justice asked the AG Maulvi Anwar, Why the Election Commission could not be constituted so far. Maulvi Anwar informed that the constitution of the Commission was under process. The CJ cautioned him and said, The govt should take the matter seriously before any untoward situation takes place, adding We do not want to say anything, but you must read what is written on the wall. The AG replied, I have read it. The Supreme Court on July 2, 2010 had directed the ECP to take action against PPPs ex-MNA Amir Yar Waran, elected from NA-184 Bahawalpur, over his fake degree in accordance with its judgment of Muhammad Rizwan Gill vs Nadia Aziz. In the verdict, the court had directed the Election Commission to initiate action against all such persons who are accused of commission of corrupt practices; of committing forgery and of using, genuine, documents which they knew or at least had reason believe to be forged. The court further ordered the ECP to ensure that the investigations in these matters are conducted honestly, efficiently and expeditiously and shall depute one of its senior officers to supervise the same. The learned sessions judges to whom these trials shall then be entrusted, are also directed to conclude the same without any delay, in consonance with the spirit of the election laws. The court had also directed the Chief Election Commissioner to deal against the fake degree holders in accordance with section 78 of People Representation Act 1976. The ECP through its Secretary sought clarification from the Supreme Court that whether after the 18th Amendment can the CEC could proceed individually and independently against the Parliamentarians having fake degrees. After the passage of 18th Amendment, the powers and functions of the Election Commission as well as the CEC have been reshuffled. Under the amended constitutional provisions, all the powers earlier vested exclusively with the CEC under Article 219 of the Constitution have now been given to the Election Commission. The composition of the Election Commission has not yet been completed, as members of the Commission have not been appointed. In the last hearing, the court had asked the Attorney General for Pakistan (AGP) Maulvi Anwar Haq to assist the court in the matter. The AG told the court Friday that Election Commission or Election Commissioner individually or any person authorised by him could proceed against a person found involved in corrupt practice under section 94 of Peoples Representation Act 1976 and file case in sessions court. He said that while the definition of corrupt practice was given in section 78 (3)(d) of the Act. The section 78(3)(d) says, A person is guilty of corrupt practice if he makes or publishes a false statement [or submits false or incorrect declaration in any particular material] in respect of his education qualifications, assets and liabilities, or any liability with regard to payment of loans or adherence to party affiliation... He said that the punishment has been described in section 82 of People Representation Act. According to the section, any person guilty of corrupt practice shall be punishable with imprisonment for a term, which may extend to three years, or with fine, which may extend to five thousand rupees, or with both. After hearing the AG, the court ruled that besides Election Commissioner or any concerned officials authorised by him and the Election Commission any citizen can also file cases against fake degree holders and disposed of the ECP case.