SHC seeks government’s reply over plea filed against Universities Act

Issues notice to shallwani over unofficial increase in milk prices

KARACHI: The Sindh High Court (SHC) has sought a reply from the Sindh government over a plea filed against the Sindh Universities Amendment Act 2018.

A two-member bench of SHC, comprising Justice Ali Mazhar and Justice Agha Faisal, was hearing the plea filed by Altaf Shakoor on Thursday.

During the hearing, Shakoor's counsel maintained that the control of 24 universities in Sindh has been transferred to the chief minister (CM) on the basis of mala fide intentions. He said that the doors to education have been closed on those residing in the urban areas of the province and universities have been deprived of their autonomy.

Shakoor's counsel claimed that transferring universities' control to the CM would result in the appointment of bureaucrats on eight seats of the syndicate, transformation of universities into political hubs and deterioration of education standards. Previously, Governor of Sindh used to hold the seat of universities' chancellor, however, under the Sindh Universities Amendment Act 2018, the governor's powers as the chancellor have been transferred to the CM, he said, adding that the move is motivated by political reasons.

"Universities in Sindh will be ruined the same way schools have been ruined in the province," said Shakoor's counsel.

Justice Mazhar remarked that, in your opinion, what steps should be taken now. He said that the court would take action if the act leads to the violation of fundamental rights.

Representing the Sindh government, Sindh Additional Advocate Shabbir Shah maintained that Sindh Universities Amendment Act 2018 was not illegal. The court asked him to submit his reply in writing.

During the hearing, Shah also raised an objection that the petitioner hadn't nominated the Board of Universities in his plea. On this, the court remarked that the petitioner had challenged the amendment made in the law, and hence, it was not necessary for him to nominate the Board of Universities as a party in his plea.

The Sindh government didn't submit a reply during the hearing. The court adjourned the hearing till October 15 and ordered the Sindh government to submit a reply at the next hearing.

Milk prices

The same bench issued notices to Karachi Commissioner Iftikhar Shallwani and others over the unofficial increase in the milk in prices.

The plea filed against the surge in milk prices states that retailers have been selling milk at a price of Rs115 per litre, instead of the official rate fixed at Rs94. The bench allowed fixing the price of milk at Rs94 per litre.

The court remarked that assistant commissioners and the administration were not taking measures to ensure that retailers sell milk at the official price of Rs94 per litre, as determined by the notification issued by the Karachi Commissioner.

The court issued notices to the Karachi Commissioner and other relevant officials and ordered the parties to submit their replies by October 24.

Sentence annulled

Another two-member bench of the SHC, comprising Justice KK Agha and Justice Khadim Hussain Tunio, annulled the sentences awarded to two criminals accused of kidnapping, after accepting their pleas.

The court annulled the sentences awarded to Naseer Ahmed Butt and Abu Bakr, due to the absence of strong evidence, and ordered to release them.

Butt and Abu Bakr were accused of kidnapping their friend, Bilal, and demanding a ransom of Rs2 million.

According to the prosecution, they had kidnapped Bilal from DHA and killed him in 2011, when they were O'level students. They were arrested on the basis of suspicion, the prosecution informed the court.

The defence lawyer argued that Bilal's body was found from an open area a week after his kidnapping was reported, and hence, anybody could have identified him. He said that the academic career of the students was ruined on the basis of baseless allegations, adding that the investigation system needed to be improved so that the lives of the innocent are not ruined.  

Published in The Express Tribune, September 20^th, 2019.