KU’s counsel requests SHC to dismiss petition against cancellation of IHC judge’s degree

The counsel representing the University of Karachi (KU) and other respondents have defended the KU Unfair Means Committee’s decision as well as its syndicate declaration about the invalidity of the degree of an Islamabad High Court judge and requested the Sindh High Court to dismiss the petition against the varsity’s decision as not maintainable.

During the hearing of identical petitions of Arifullah Khan and others who had challenged the decision of the KU Unfair Means Committee on August 17 whereby the degree of the judge was cancelled, the counsel pointed out that petitioners were devoid of locus standi.

They submitted that alternative remedy was available in respect of the impugned order as per the Section 10(3) of University of Karachi Act. They submitted that the actual aggrieved person was neither the petitioner nor the respondent and ought to be dismissed on the very onset.

A counsel for the petitioner sought short adjournment on the ground that he was required to appear before the Supreme Court. A constitutional bench of the SHC headed by Justice Agha Faisal granted the request and adjourned the matter after the winter holidays.

In the meantime, the SHC continued with its interim stay order suspending the operation of the KU committee’s decision as well as the syndicate’s declaration about the invalidity of the judge’s degree.

The petitioner’s counsel had earlier submitted that under the relevant clauses of the university, all punishments under the 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 any one 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 were 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 IHC’s judge did not appear, hence the 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 the IHC mainly because of a letter written by six judges of that high court and the matter was sub judice before the apex court.

They submitted that the impugned decision had not only amounted to defamation but also given a 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, 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 said that such a degree was invalid. They said that it was a mala fide act on the part of the Islamia Law College and KU as they initiated the process knowing that their act was not sustainable under the law.