IJAZ AHMAD CHAUDHRY, C.J.--- Being cognizant of this matter, pursuant to the news published in print as well as electronic media regarding physical torture on two students of Baha ud Din Zikrya University, Multan, by their fellow students, and their subsequent disgrace by them in the University Hostel, the learned District and Sessions Judge, Multan, was directed to hold Judicial into the matter.
2. Pursuant to the direction given by this court the learned District and Sessions Judge, Multan, has submitted his report regarding the inquiry conducted by him to fix the liability of the said unethical incident. A perusal of the said report shows that the learned District and Sessions Judge, Multan, recorded statements of number of persons in addition to those of the victims as well as the accused to arrive at a just conclusion. While concluding his report, the learned District and Sessions Judge Multan opined that the incident of physical torture took place in Hamza Hall of Baha ud Din Zikrya University, Multan. A glance of the said report also makes it clear that the sluggish and partial attitude of the University administration, especially the staff responsible for security of the hostel, fully facilitated the accused, including one outsider, to play havoc with the fate of the students who are putting up in the University hostels. Moreover, while making statements before the learned District and Sessions Judge, Multan, during the course of judicial inquiry, nobody took the responsibility of the incident rather pointed finger towards the others. It is sorry state of affairs that right from the bottom up to the top, the attitude of the persons deployed to manage the affairs of the hostel is objectionable and invites serious objections qua their conduct. Lt. Col. (R)
Arshad Mehmood was, perhaps, appointed as Chief Security Officer due to his experience in the Pakistan Army with the hope that he would manage the affairs of the security of the hostel in a very calculated manner but the conduct of the said gentleman after happening of the said incident coupled with the fact that even till date he is not ready to take the responsibility of such obnoxious incident is not above board. The report of the learned District and Sessions Judge Multan also depicts that the affairs of the University hostels have been deteriorated due to political intervention of different parties inasmuch as two groups one supported by the ruling Pakistan People's Party and the other by the Pakistan Muslim League (N) are out there to establish their hedge money over the other. One of the foremost reasons for such incident detailed by the learned District and Sessions Judge, Multan, is the non-appointment of regular Vice Chancellor of the said University for the last six months.
3. Another important aspect of the matter is that unfortunately the video recorded by one of the accused is now available on the internet and everybody in the country or abroad .Has an easy access to the same. Due to the uploading of the said video on the internet, not only the image of the country at the international level has eclipsed but has also facilitated the others to point finger qua social threadbare of our society, especially education setup.
4. The Superintendent of Police, Gulgasht, Multan, present before the court, has apprised about the steps taken by the police department after having come across about the said incident in addition to registering criminal case vide F.I.R. No,302 of 2011 dated 20-9-2011, Police Station Alapa, in respect of the Offences under sections 342, 355, 506(2), P.P.C. Read with section 25 of the Telegraph Act whereas Lt. Col. (R) Arshad Mehmood, Chief Security Officer, Baha-ud-Din Zikrya University, Multan, by producing copies of certain documents regarding constitution of disciplinary committee to inquire into the matter, states that after coming the said incident to light, a high profiled committee, under the supervision of Prof. Dr. Bashir Ahmad, has already been constituted. He further adds that according to the recommendations of the Disciplinary Committee, the entry of the accused-students has already been banned in the University. In addition thereto, the accused have been banned to sit in the forthcoming examinations. While elaborating the steps taken by the University Administration after the said incident, the said gentleman states that the administration controlling the security of the university has been directed to take strong measures to provide safe and secure environment to the students of the University and all the stakeholders have been put at guard that in future no such incident of howsoever low magnitude will be tolerated and stern action will be taken against the delinquents.
5. After going through the report submitted by the learned District and Sessions Judge, Multan and the assertions. Made by the Chief Security Officer, Baha ud Din Zikrya University, Multan, before this Court, I am of the view that the steps already taken by university administration or those which have been proposed to be taken in future are not sufficient to provide a calm, secure and healthy atmosphere to the students who are putting up in hostels of different educational institutions as the said steps can only be helpful to provide timely relief to the concerned persons but in the long run the said steps would not be sufficient to avoid such incidents in future. Thus, being the custodian of the Constitution which provides safeguards to all the citizens, without any distinction, against any kind of torture and maltreatment and casts heavy responsibility on the shoulders of the government to take measures for eradication of such unsocial acts, the following guidelines are formulated for strict compliance by all the stakeholders:--
(i) that while making appointments in the University administration, especially in the Security Wing, due care and caution be taken and no person be allowed to join the institution on the basis of political back-up. Further, in case of any untoward incident the responsible be taken to task while awarding exemplary punishment;
(ii) that no outsider be allowed to enter the hostel premises of an educational institution. Strict surveillance and security system be established on all the entry gates of universities/colleges to restrict the entry of non-student elements either in the University or in the hostel and in case of any violation of the said discipline by the Security Officer the delinquent be dealt with iron hands to send a wave of renaissance amongst the other members of the security;
(iii) that the In charge of Security in every educational institution should personally visit the hostels periodically and in case of any deficiency he should take the requisite steps to make up the same.
Likewise, he should keep a watching eye on his subordinate staff to eliminate any possibility of happening of untoward incident like the present one;
(iv) that the students unions be confined to their discipline as total ban on the said unions would not be useful for the students as by playing positive role they can provide atmosphere of healthy competition amongst different groups of the students. In case the University administration comes across any uncalled for activities of any union, the said union be banned; (v)that the political parties should not make the educational institutions as their vote bank rather they should keep themselves aloof from the affairs of the students and try their best to ,provide a healthy and secure atmosphere to the students of the educational institutions so that they may be able to play their due role in the future building of the country;
(vi) that while making appointments of the Vice Chancellors, the government should not care about any pressure or influence from any quarter rather a man of incredible character having ability to handle the affairs of educational institutions in addition to having a blotless record be appointed against the said post;
(vii) that the government should take steps to fill up the vacancy of head of an educational institution well in time. For the purpose the government should process the matter of appointment of a head of an educational institution much prior to the falling of the post vacant and they should not delay the matter on account of usual formalities rather they should nominate the new incumbent prior to the retirement or relieve of charge by the departing fellow;
(viii) that strict discipline be maintained amongst the inmates of the hostels and nobody be allowed to destroy the precious time of his fellow students on account of political backup or financial or social status. In case of violation of discipline of the hostel of an institution by any student, no hesitation should be felt to strike him off till the time he mends his ways;
(ix) that nobody, including the office bearers of the student unions should be allowed to take ammunition of whatever kind in the hostel and in case of involvement of anybody in such act, he be banned for all the time to come;
(x) that no transfer/posting be made while accepting political pressure rather the deserving person should be posted against key posts;
(xi) that government should also arrange for deployment of personnel of security agencies around the hostel of the institutions and the persons posted there be shifted periodically so that they may not be able to establish intimacy with the other outlaws;
(xii) that the In charge Student Affairs in every institution be directed to have a vigilant eye on the activities of the students as a whole and in case of any immoral activity he should bring the same to the notice of competent authority who shall take appropriate step against the hoodlum and
(xiii) that the parents of the students be also apprised secretly about the conduct of their children.
Further, the parents be also bound down to visit the institution of their children off and on to know about the activities of their kids and in case of any deficiency they should take due care and caution.
Office is directed to immediately send copy of this order to the Chief Minister, Punjab, Lahore, for its onward transmission to all the Heads of the Education Institutions, having the facility of Hostel, for strict implementation of the aforementioned guidelines in addition to making them part of the Prospectus of their institution.
The DPO Multan is directed to ensure fair and impartial investigation of the aforementioned criminal case as early as possible and to pursue the matter before the court with due diligence so that the accused, if are found guilty; be taken to task.
' With these observations, this petition stands disposed of.