SHC dismisses contempt pleas in Aisha Bawany College case

Issue stands resolved as college’s premises were opened, says Justice Siddiqui

KARACHI: The Sindh High Court (SHC) dismissed on Saturday applications filed by the provincial education department and Aisha Bawany Trust seeking contempt of court order proceeding against each other in the college’s closure case.
Justice Fahim Ahmed Siddiqui rejected the pleas from both sides, observing that the issue stands resolved as the college’s premises had been opened by an order passed by another bench.



The provincial government had moved an application seeking contempt of court proceedings against the trustees of the Aisha Bawany Trust for allegedly not complying with the court’s stay order.
According to the government law officer, the court had restrained the civil court from conducting any further proceedings regarding awarding possession of Aisha Bawany College to its trustees till September 23. However, the trustees violated the interim stay order by keeping the college gates shut.
It was argued that the alleged contemnors had refused to open the premises, which amounted to willfully and deliberately committing contempt of the court’s order. Therefore, it was pleaded to proceed against the trustees for contempt of court.



The Aisha Bawany Trust moved a counter application, seeking contempt of court proceedings against the provincial education secretary, education director and others.
It was argued that the officials, under the garb of the court’s order, had visited the college premises and hurled threats against the applicants and others. It was alleged that the officials abused the court’s order, therefore, they should be proceeded against committing a contempt of the court’s order.



After hearing arguments on both the applications, Justice Siddiqui observed since the matter stands resolved by opening of the college through an order passed by another bench, therefore, the pleas by the provincial government and the trust are dismissed.
The issue arose when hundreds of students protested last Friday against the sealing of the college on the orders of the civil judge concerned on the request of the Aisha Bawany Trust, which claimed possession of more than three acres of land of the educational institution.
The following day, the SHC restrained the civil court from proceeding with the matter until the next date. However, the trust did not open the college, which led to angry students and teachers continuing their protest.



Ultimately, the students and teachers approached the high court, which ordered its nazir to ensure the portion of the building on main Sharae Faisal was immediately handed over to the provincial education department to resume classes from Friday.
On the court’s orders, the SHC nazir, along with Additional Advocate-General Ghulam Mustafa Mahesar, got the premises unsealed and handed over its possession to the education department officials to resume educational activities.