KARACHI: The Sindh High Court (SHC) on Thursday suspended the operation of Karachi University’s unfair means committee decision as well as its syndicate declaration about the invalidity of Islamabad High Court’s judge Tariq Mehmood Jehangiri’s degree.
The court also restrained Karachi University from taking any coercive measures based on these decisions till the next date of hearing. The interim order came on a petition of Arifullah Khan and others who challenged the decision of unfair means committee of KU on August 17 whereby the degree of IHC’s Justice Tariq Mehmood Jehangiri was cancelled.
Petitioner’s counsel submitted that under the relevant clauses of the university, all punishments under regulation 14 shall be awarded by the syndicate on the recommendation of the Unfair Means Committee appointed by the syndicate for the purpose, and the latter itself may hold an enquiry or authorise anyone or more of its members to do so. The counsel said that under the rules, the examination results of such candidates shall be withheld till their cases are decided by the syndicate.
They submitted that KU’s Unfair Means Committee proceeded based on a letter issued on August 15 by the principal of Islamia Law College wherein a list of four students was given but the name of IHC’s judge did not appear, hence impugned order was passed without hearing and by violating the basic settled principle of law. The counsel submitted that the impugned decision of the Unfair Means Committee did not reflect whether the aggrieved person was heard nor any record was called from the Islamia Law College or the appearance of its representatives but they decided summarily to defame a judge of IHC mainly because of a letter written by six judges of that high court and the matter is sub judice before the apex court. They submitted that the impugned decision has not only amounted to defamation but also given licence to the public at large to defame the judge of the high court through social media as he was also one of the signatories of that letter.
They submitted that the specific forum against any judge of the Supreme Court or high court was the Supreme Judicial Council (SJC) and if the college or university was of the view that there was an issue of a degree of that judge, then they were required to approach SJC, instead they proceeded on their whims without considering the seriousness of the issue and decided the fate of a degree received in 1991 after the delay of 33 years.
The counsel also referred to the press release of Karachi University which says that such a degree is invalid. They said that there was mala fide on the part of Islamia Law College and also KU as they initiated this process knowing that their act is not sustainable under the law. They requested the court to suspend the impugned decisions of the UMC and KU syndicate.
The SHC’s division bench, headed by Justice Salahuddin Panhwar, after the preliminary hearing of the petition, observed that arguments of the petitioners’ counsel carry substantial weight as it is yet to be ascertained whether the decision of UMC on August 17 as well as the syndicate’s ruling declaring the degree of IHC’s judge as invalid, conform with the applicable laws and regulations. The court observed that from the record it appears proceedings were carried out by UMC without hearing the IHC judge which prima facie shows that he was condemned unheard.
The court observed that the impugned decision was made in sheer violation of Article 10-A of the Constitution wherein the rights of every citizen are protected for a fair trial, but unfortunately, no opportunity of hearing was extended to IHC judge and the manner so adopted appears to be highly objectionable, illegal, void ab initio and without lawful authority.
The court issued notices to KU’s UMC, syndicate and others and called their comments on the next date of hearing. The court in the meantime suspended the operation of the impugned decision of the UMC on August 17 as well as the syndicate’s declaration regarding the invalidity of IHC’s judge degree. The court also restrained KU from taking any coercive measures based on these decisions till the next date of hearing.