Approval of KU syndicate’s decision on IHC judge degree yet to be validated, SHC told

A petition against a decision of Karachi University’s unfair means committee and its syndicate declaration with regard to the law degree of an Islamabad High Court judge is premature as approval by the syndicate is yet to be validated, the varsity’s vice chancellor told the Sindh High Court on Monday.

Filing comments on a petition of Arifullah Khan and others, who have challenged the decision of the unfair means committee of August 17 whereby the degree of the IHC judge was cancelled, Vice Chancellor Prof Khalid Iraqi sought dismissal of the petition, submitting that petitioners have no locus standi to approach the court.

He submitted that if there arises an issue with regard to the authenticity of the degree, it can only be called into question by the student exercising a right in person, and not by public. He said that in the present case the invalidation of the degree cannot be challenged by the petitioners under Article 199 of the constitution nor can they approach the university for redressal of their grievance arising if any in favour of the IHC judge.

He argued that the petitioners have attempted to connect a matter concerning the authenticity of an alleged student’s degree with that of the independence of the judiciary, which shows that they are unaware of the record of the present case and they without hearing the KU have already established a preconceived notion that the university has acted illegally and without lawful authority.

The VC further submitted that the petitioners attempted to interfere with one of the functions of the KU, and its discipline which it exercises and enjoys under its respective laws, adding that the authority of the university in the matter of the IHC judge issued the decision according to its laws. He denied that the principle of natural justice was ever violated.

The VC said the decision was taken on basis of the available record with the KU, which is its custodian and the UFM and the syndicate were of the opinion that there was enough material/evidence against the IHC judge, and in their own wisdom they deemed it appropriate not to hear the IHC judge in person. He submitted that the instant case was not a case where a hearing was necessary or required as the record was sufficient.

He requested the court to dismiss the petition, submitting that if the court interferes in the matters of discipline the university will not be able to perform its duties and functions and may only have a symbolic role. He submitted that the petitioners have attempted to subvert the credibility of the KU, leading to create serious doubts in the minds of the public at large about the conduct of the university and having far-reaching effects of its image in the longer run.

The Higher Education Commission also filed comments submitting that it has nothing to do with the issue. A high court division bench, headed by Justice Salahuddin Panhwar, after taking the comments on record, adjourned the hearing on a request of other respondents, who sought time to file comments on the next date of the hearing.

The SHC had earlier suspended the operation of the Karachi University’s unfair means committee decision as well as its syndicate declaration about the invalidity of the IHC judge’s degree.

The court had also restrained the university from taking any coercive measures based on these decisions till the next date of the hearing.

The 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 inquiry or authorise anyone or more of its members to do so. The counsel said that underthe rules, the examination results of such candidates shall be withheld till their cases are decided by the syndicate.

They submitted that the KU’s unfair means committee proceeded based on a letter issued on August 15 by the principal of the Islamia Law College wherein a list of four students was given, but the name of the IHC judge did not appear; hence, the impugned order was passed without any 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 was any record called from the Islamia Law College or the appearance of its representatives, but they decided summarily to defame a judge of the 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 said 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 the 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 the 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 syndicate.