VC’s appointment case: ‘SC not proper forum against bad governance’

CJP says elected representatives, institution must perform

ISLAMABAD:

While expressing concern over the poor performance of public departments in the country, the Chief Justice of Pakistan (CJP) Anwar Zaheer Jamali has observed that the top court is not a proper forum against bad governance.

“The top court is not a proper forum against bad governance as the elected representatives and the institutions set up under the law must perform,” the CJP observed on Wednesday

Justice Jamali was heading a three-judge bench, hearing a case regarding controversial appointment of vice-chancellor for Khyber Pukhtunkhawa’s Shaheed Benazir Bhutto University (SBBU).

The chief justice said rights of people did not end with bad governance.

“Do all the institutions, established under the statutes, have no responsibilities? Whether it is the job of the apex court to perform their functions? Should we close down all the institutions?” he asked.

Justice Jamali said their hands were tied and they were bound to decide the matters strictly in accordance with the law. “We are court of law and not old monarchs to decide the matter according to our whims and pass order to hang or to offer garlands [to someone].”

Justice Khilji Arif Hussain, another member of the bench, said it seemed people close their eyes at the time of casting votes, as after elections they do not force their representatives to resolve their problems.

Earlier, appearing before the bench, Professor Ghazala Yasmin and Professor Shazia Yasin contended that the appointment of Professor Razia Sultana as the SBBU vice-chancellor was made on the basis of mala fide and merit was ignored.

Yasmin said Sultana’s curriculum vitae – placed before the court – was not the same as the one submitted before the search committee.

“Razia Sultana’s CV is amended as she did not have administrative experience, which was the basic requirement of that post. The administrative experience was later added in her CV,” she said.

Justice Jamali said they had asked the authorities to place before the bench the CVs, which the candidates had submitted to the search committee with their applications. The court also issued a notice to the HEC secretary for misguiding the court.

According to the details, the search committee, set up to select the SBBU’s vice-chancellor had recommended the list of three names to the K-P Chief Minister Pervez Khattak.

Razia Sultana was number 2 in the list while Ghazala Yasmin was number 1 and Shahzia Yasin was number 3 in the list. However, the CM sent summary of Razia Sultana to K-P governor for approval.

Professor Yasmin and Professor Yasin challenged Sultana’s appointment in the Peshawar High Court (PHC), which referred the matter back to the K-P governor. Sultana later challenged the PHC order in the SC. The bench adjourned the hearing till today (Thursday).


Published in The Express Tribune, March 3^rd, 2016.