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Monday October 28, 2024

SC wants Islamia College students shifted to facility acquired by the book

By Jamal Khurshid
January 03, 2020

The Karachi registry of the country’s top court has directed the Government of Sindh to make alternative arrangements by August for the shifting of the students of the Islamia College to a facility acquired by the book or to some other existing educational institute.

The Supreme Court on Thursday dismissed the civil petitions of the provincial administration against the ejectment order of the Sindh High Court (SHC) with regard to the premises of the Islamia College.

The three-member SC bench headed by Justice Mushir Alam maintained the SHC order with regard to the ejectment subject to, regardless of regular monthly rent and utility bills without fail.

The top court directed the additional advocate general and the counsel for the Karachi Metropolitan Corporation to bring to the notice of the relevant authority that any failure to deposit monthly rent and up-to-date utility bills would entail consequences for the officer concerned as well.

The bench observed that the case has a chequered history of long-drawn litigation between the respondent, the province of Sindh and the municipal body.

The court also observed that the rent has been unjustly denied by the provincial government and pursuant to the direction, cumulative rent for the period from February 2006 to July 2018 was directed to be deposited before the matter proceeds further.

The bench said that the amount was deposited, but the government defaulted in depositing the rent, though the court has been indulgent towards the petitioner on the grounds that it was running an educational institution.

All the same, added the bench, the government did not mend its ways despite the order of November 27, 2018 and the court ultimately issued the direction to deposit the arrears of the rent.

The court observed that since an educational institution was being run in the subject premises, the court did not wish to disturb the current academic session. The counsel for the Islamic Education Trust said that since the academic year should not be disturbed, he was prepared and willing to provide time up to July.

The bench maintained the ejectment order and directed the Sindh administration to make alternative arrangements by August, which was sufficient time for the government to shift the students and commence a new academic year in a properly acquired or other existing educational facility. The court observed that any failure to comply with the order regarding ejectment may follow action without any further notice and with the aid of the police.