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SC seeks reply from govt in pleas challenging student’ unions ban

A six-member constitutional bench of the Supreme Court on Monday sought responses from the federal and provincial governments regarding petitions seeking restoration of student unions in universities, aimed at fostering future political leadership and strengthening grassroots democracy.

The six-member constitutional bench of the Supreme Court, comprising Justice Amin ud Din Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan is hearing the pleas. The bench sought comprehensive response from respondents in the matter after hearing arguments against ban on students of universities to form association and anion and indulging in politics.

Advocate Supreme Court Umer Ijaz Gilani is the counsel for students Hamza Muhammad Khawaja, Moazzam Riaz, Muhammad Daniyal Abdullah, Ummama Tariq Awan in the matter. Besides, Muhammad Usama Amir, General Secretary, Islami Jamiat Talaba Pakistan has also filed the petition.

Gilani argued before the bench saying constitutional provisions ensure guarantees to protect the right of university students to form association or unions, adding such constitutional rights cannot be curtailed. He urged the court to declare the fundamental right of university students to form associations or unions.

During hearing of the matter, members of the bench observed that Quaid-e-Azam University had announced a schedule for holding elections of the students union. It can be a role model for rest of the universities in the country.  At the same time the bench expressed displeasure over involvement of professional associations in active politics. A member of the bench Justice Hasan Azhar Rizvi observed that students’ union introduced violence in the Universities. Student unions are meant for welfare of student and not for politics. Justice Musarrat Hilali remarked that politics in our country have generally become aggressive.

After brief hearing of the matter, the bench sought detailed response from the respondents and issued notices to Justice  Secretaries of Federal Education and Professional Training, Ministry of Law and Justice, Chairman Higher Education Commission, Secretaries of the Higher Education Department Balochistan, Khyber Pakhtunkhwa, Sindh and Punjab. Later, hearing was adjourned till date in office.

Author

Khudayar Mohla, Managing Partner Mohla & Mohla, Founder of the Law Today Pakistan,

Managing Partner – Mohla & Mohla – Advocates and Legal Consultants, Islamabad, Pakistan. A Satirist and Founder of The Law Today Pakistan (TLTP) Newswire Service. Teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at mohla@lawtoday.com.pk.

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