An associate professor of the University of Karachi (KU), who is also a member of the varsity’s syndicate, has challenged in the Sindh High Court (SHC) the syndicate’s August 31 decision with regard to cancellation of an Islamabad High Court judge’s degree on recommendation of the KU’s Unfair Means Committee’s report.
Dr Riaz Ahmed submitted in the petition that he was the syndicate member of the KU who was illegally detained by police officials in an attempt to prevent him from attending the syndicate meeting held on the IHC’s judge degree issue.
The petitioner’s counsel, Abdul Moiz Jaferii, submitted that the petitioner was illegally detained after he had raised objections to the agenda, specifically the Item No 6 that pertained to the case involving the IHC judge’s student record after more than 30 years of the completion of his degree.
He submitted that the petitioner’s primary contention was the police action to forcefully prevent him from attending the syndicate meeting and voting in the same, and it was in violation of the petitioner’s fundamental rights under the Constitution.
The SHC was informed that the police action was a mala fide attempt to silence the vote of a member who had expressed prior dissent to the syndicate's agenda, and it also conferred arbitrary power upon the syndicate to cancel university degrees without any cogent basis, offering opportunity for hearing, or dissent against its decisions as required by the law.
He submitted that the constitution of the Unfair Means Committee was illegal and contrary to the provisions of the University of Karachi Act of 1972 and the University of Karachi Code of 1984.
He said that impugned committee report and the impugned syndicate meeting minutes were liable to be rendered null and void.
The counsel submitted that the syndicate’s use of arbitrary power led to a decision against the IHC’s judge without affording him an opportunity of hearing, constituting a stark disregard of due process and the right of audience.
He said that the impugned decision was made following extensive efforts with the specified agenda to eliminate dissent in the syndicate meeting, which made a mockery of the established rules and regulations, and hence of the entire deliberative process.
The counsel submitted that the KU registrar received an application seeking information regarding the IHC’s judge’s educational record under the Sindh Transparency Right to Information Act, 2016 thereafter, the vice chancellor formed the Unfair Means Committee alone without consultation of the syndicate.
He submitted that the decision made by the syndicate, which failed to conduct a proper inquiry into the allegations levelled in the committee report or provide the petitioner with an avenue to voice his dissent as a prominent member of the syndicate, was not only illegal, but also clear contravention of the established laws and regulations.
The high court was requested to declare the syndicate meeting held on August 31 and the committee report an abuse of the due process of the law and set aside the same as void ab initio.
A division bench of the SHC headed by Justice Salahuddin Panhwar after the preliminary hearing of the petition issued notices to the KU, its syndicate and others and called their comments on the next date of hearing.
It is pertinent to mention that in another petition, the SHC has already suspended the operation of the KU Unfair Means Committee’s decision as well as its syndicate declaration about the invalidity of the Islamabad High Court judge Tariq Mehmood Jehangiri’s degree. The high court has also restrained the varsity from taking any coercive measures based on these decisions till the next hearing.