The Supreme Court has admitted student activists’ identical pleas urging for lifting the decades-old ban on student unions in educational institution of Pakistan – a restriction often blamed for the leadership crisis in the country’s political landscape.
A five-member constitutional bench of the Supreme Court of Pakistan has admitted the petitions whereas the ban of student unions was legitimized by the top court itself through a verdict issued back in 1993.
Two petitions in this regard have been filed. One petition has been filed by Islami Jamiat Talaba through Barrister Zafarullah Khan. The other petition has been filed by Hamza Khawaja, a student leader from Lahore University of Management Sciences (LUMS) and a number of other activists, through their counsel Barrister Umer Ijaz Gilani.
Invoking the apex court’s original jurisdiction, the identical petitioners have urged the Court to revisit a verdict it issued in 1993 banning student politics under the pretext of curbing campus violence. The petitioners claim that this ban on student politics represents a violation of the constitutional right to form associations guaranteed by Article 17. They also submitted saying such ban has nothing to do with the prevailing circumstances where campus violence has reportedly declined.
The petitioners have pointed out in the years since the 1993 verdict was issued, constitutional amendments have lowered the age of voting from 21 to 18. The question which now arises is, how can a university student who is entitled to vote be barred from engaging in unionization or other forms of political association?
The petitioners have also submitted that campus politics is one of the core institutions for nurturing democratic values and cultivating future leadership – which is need of the hour.
As the Court takes up this critical issue, it has reignited the debate on the necessity of campus political engagement in shaping Pakistan’s democratic future.
It is worth mention that earlier Registrar office has raised objection on the identical pleas. After removing the objections, a five-member constitutional bench on November 26,24 issued directives to fixation branch for regular hearing of the petitions.
During hearing of the matter, the bench sought the assistance of the Attorney General’s Office about current legal position and status of the student union activities in the country.
Later, the bench issued notices to Ministry of Law and Justice, the Higher Education Commission, and provincial governments to furnish their replies in the matter during next date of hearing.
