1998 PLP 1941 (CLC)

Bilal Ahmed Qazi for Petitioners. M.M. Bhatti for Respondents. Through this Constitutional petition, the three petitioners have assailed the legality of order dated 21‑1‑1998, passed by the Disciplinary Committee, Islamia University, Bahawalpur, respondent No.4, whereby their admission in the university was suspended and a fine of Rs.1,000 each was imposed on them. Moreover, Hafiz Imran Saqib, petitioner No.3, was ordered to be kept under observation for a period of one year.

2. The petitioners' learned counsel mainly urged that the action taken against the petitioners was illegal and mala fide because the criminal case registered against them was sub judice before a Court of competent jurisdiction in which they were allowed bail and that the incident had taken place outside the premises of University Campus, therefore, the University Authorities misapplied the rules and wrongly took action against the petitioners.

3. In the comments submitted by the respondents, it has been explained that Syed Amer Ali Shah, petitioner No. 1, was expelled froth the University on 6‑12‑1997 due to shortage of his lectures and again on 27‑12‑1997 because he did not submit the requisite N.O.C. within time; that the petitioners instead of concentrating on their studies had adopted political role, kidnapped other students and put them to torture; that they were responsible for creating lawlessness in the university and were spoiling calm and peaceful atmosphere of the institution; that the F.I.R. (No.471 of 1997) for offences under sections 365/506 and 148/149, P.P.C. was registered against them on the allegation of abducting Muhammad Shehzad, Abdus Salam and Shah Nawaz and threatening them to be killed; that the matter was placed before the CIM (Committee to deal with the cases of indiscipline and misconduct of students) which consisted of five members; that the Committee gave full opportunity of being heard to the petitioners and then awarded punishments to them.

4. The discipline of the university and conduct of students is regulated by Islamia University, Bahalwalpur (Discipline and Conduct of Students) Regulations, 1981, It contains Code of Honour and Code of Conduct of students as well as penalties for violation of the same. Under Regulation 3(ii)(a), relating to Code of Honour, a student has to endeavour to promote good order and prevent evil‑doing in all situations; under Regulation 3(ii)(b), he has to observe the common norms of decency, honesty, tolerance and morality at all times. Further under Regulation 6(vii) it has been provided that a student, who commits a criminal or immoral act or any other act which may bring bad name to the University shall be liable to one or more of the penalties mentioned in Regulation No.7.

5. As per the allegation made in the F.I.R., Muhammad Shehzad Zafar, complainant, a final year student of the University alongwith Abdus Salam and Shamaz Nawaz had gone to enquire about the health of their friend who was admitted in Room No.4, Surgical Ward No.3 of B.V. Hospital, Bahawalpur; that after visiting their friend they carne out and were about to get into their car when a group of 20/22 students of the University including the present petitioners reached there, that the petitioners were armed .and they forcibly abducted the complainant and his two friends namely Abdus Salam and Shamaz Nawaz, took them to Room No.36 of Faisal Hall from where the complainant somehow managed to escape while Abdus Salam and Shamas Nawaz were confined in the room.

6. By virtue of the provisions of Regulation No.6 (vii) action can be taken against a student who commits a criminal or immoral act or any other act which may bring bad name to the University. It is not necessary that the objectionable act must have been committed within the precincts of the University Campus to justify imposition of the penalties provided under Regulation No.7. The conduct of a student within or without the University Campus has to be in conformity with the Code of Honour as well as the Code of Conduct and other provisions of the Regulations. Moreover, in order to take action under the provisions of Regulations 6 and 7 of the Regulation, it is not necessary that a student must have been found guilty and convicted by a Court of Law. The University Authorities are competent to take disciplinary action against a student even at a stage when the criminal case is pending adjudication before a Court of Law and for this purpose the Authorities have to grant a reasonable opportunity of being heard to the students against whom the action is sought to be taken. In the present case, the petitioners were given a fair opportunity of being heard by the Committee and penalties were imposed on them in accordance with the provisions of Regulation No.7. I do not find any illegality or jurisdictional defect in the impugned order so as to justify interference in the exercise of Constitutional jurisdiction. The petition has no merit and is dismissed in limine. M.B.A/A‑279/L Petition dismissed