The Islamabad High Court (IHC) recently delivered a significant judgment in a case involving a fake guarantee submitted by a Pakistani PhD scholar, Imran Taj, who had secured a scholarship to study in France. The court ruled against the Higher Education Commission (HEC)’s attempt to recover Rs25 million from Abdul Waheed, the guarantor, and directed the commission to reform its scholarship policies to prevent such incidents in the future.
Fraudulent Guarantee
Imran Taj had applied for the HEC’s Overseas Scholarship Program in 2005, agreeing to return to Pakistan and serve for four years after completing his PhD. To secure the scholarship, Taj submitted property documents allegedly signed by Abdul Waheed as a guarantor. However, Waheed later claimed he had not signed the documents and that the guarantee was fraudulent.
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The Federal Investigation Agency (FIA) was tasked with verifying the authenticity of the signatures. A scientific examination revealed that the questioned signatures differed significantly from Waheed’s genuine ones in terms of fluency, pen pressure, and other characteristics. The FIA’s report confirmed the signatures were forged, substantiating Waheed’s claim.
Court Ruling: Relief for the Guarantor
Justice Mohsin Akhtar Kayani of the IHC issued a detailed 12-page judgment, declaring the civil court’s earlier decision in favor of the HEC null and void. The civil court had ordered the recovery of €85,406 and Rs76,386 (equivalent to approximately Rs25 million) from Abdul Waheed as the guarantor.
The IHC found that the trial court failed to verify the authenticity of the documents and dismissed Waheed’s consistent denial of signing them. The court ruled that Waheed could not be held financially responsible for the fraudulent guarantee and directed the HEC to cease all recovery efforts against him.
Violations of Scholarship Terms
The court highlighted that Taj violated the terms of his scholarship agreement by failing to return to Pakistan after completing his PhD. The agreement explicitly required him to serve in Pakistan for four years, a condition meant to ensure the country benefitted from the skills and expertise of scholars educated abroad.
In addition to breaching the agreement, Taj’s submission of fraudulent documents further complicated the case. The IHC emphasized the responsibility of both the scholar and the officials who processed the fake guarantee, directing the HEC to initiate criminal proceedings against all involved.
Accountability and Future Reforms
While absolving Waheed of liability, the IHC emphasized the need for systemic reforms within the HEC. It directed the commission to review and strengthen its scholarship policies, particularly concerning the verification of guarantees and other critical documents.
The court instructed the HEC to introduce stricter conditions for scholarship applicants, ensuring more thorough scrutiny of submitted documents. It also called for better oversight mechanisms to detect and prevent fraudulent activities. These reforms aim to protect public funds and maintain the integrity of the scholarship system.
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The IHC’s ruling is a critical precedent for the HEC and other scholarship-granting bodies in Pakistan. It highlights the need for rigorous checks at every stage of the application process, from document submission to post-scholarship compliance. For scholars, the case is a stark warning against attempting to defraud the system, as the repercussions can extend to legal and criminal proceedings.