1. ' MUHAMMAD AFZAL ZULLAH, C.J.---This petition has arisen out of the proceedings in consequence of orders passed by this Court on 1st July, 1992 in Human Rights Case No, 175 of 1992. The relevant part of the said order is as follows:-- "We, therefore, hereby direct that at the time of admission to an educational institution the student and his parent/guardian shall give an undertaking that the student shall not 'indulge in politics'; failing which, he shall not be allowed admission. And if, after the admission, he violates such undertaking i,e, 'indulgence in politics', he shall be expelled from the institution without any further notice. All the Educational Institutions shall henceforth seek and obtain similar undertakings in respect of all existing enrolled students, failing which and or in contravention thereof, the results, shall mutatis mutandis ensue as above directed. It is explained that the finding with regard to `indulgence in politics' given by the Head of Institution under his seal and signature shall be final and shall not be questioned except only before the Supreme Court."
2. ' The relevant facts in this case to be noticed in the present proceedings are contained in the show-cause notice No, 43/AU, dated 10-1-1993 to the petitioner/student and the Notification dated 11-1-1993 issued by the Vice-Chancellor of N.-W.F.P. Agriculture University, Peshawar. They read as follows:-- "(1) No, 43/AU January 10, 1993.
3. ' I am directed to say that indulgence in politics in educational institutions was banned through an (order) of Supreme Court of Pakistan (under) reference. Accordingly the N.-W.F.P. Agricultural University notified the decision and, at the time of registration in the semester class, an undertaking was obtained from all the students (including yourself) to the effect that the students will not indulge in politics during their studies in the University. Working of the University has remained normal ever since and all the students appear to have (gone) by their undertaking and accepting the Supreme Court decision with good grace.
4. ' However, on 3-1-1993 you led a group of students to the Vice-Chancellor's office. You had also displayed your "Federation" badge on your chest. Accordingly, the Vice-Chancellor refused to meet you unless you had removed the "Federation" badge and meet the Vice-Chancellor as an ordinary student. The Director Teaching, the Provost, the Chief Proctor and some other administrators discussed with you the issues you intended to discuss with the Vice-Chancellor and the position was explained to you accordingly. On 4-1-1993 you again led a group of students to the IDS Committee Room where the meeting of University Academic Council was in progress and you disrupted the proceedings. You were constantly shouting that 'our demands should be met'.
5. Besides, you also made a fiery speech exciting the accompanying students towards violence.
6. ' The above incidents are a clear violation of Supreme Court directive and of the undertaking submitted by you at the time of your registration in the semester class. You are thus guilty of disturbing the good order of the University and thus openly indulged in students politics.
7. ' Please show cause within seven days from today why you should not be dealt with severely under Rules for disrupting the peaceful atmosphere of the University.
(2) Notification.
8. ' Subsequent to disturbing the good order of the University on 4-1-1993 by leading a group of students and disrupting the in-session meeting of Academic Council, Mr. Shah Alam s/o Sahib Gul, Class No, 103, B.Sc. (Hons.) Part IV, Plant Protection Department, again led a small procession of students from Hostel No, 6 to Hostel No, 7 on 9-1-1993 at about 9-30 p.m. And made a provocative speech against the University administration for decisions made by the competent University authorities. It is also pertinent to add that on both these occasions, Mr. Shah Alam Khan has been displaying the badge of Pakhtoon Students Federation' thereby showing his political affiliation.
9. ' Again, at about 10-30 a.m. On 10-1-1993, Mr. Shah Alam led a small proceession of students in the University corridors chanting slogans against the University administration and disturbing the ongoing classes and peaceful academic life of the University.
10. ' All the above events prove, beyond any doubt, the total involvement of Mr. Shah Alam in politics, resulting in disruption of peaceful atmosphere of the University. He is guilty of violating the undertaking submitted to the effect that he will not indulge in politics during his studies at this University. Accordingly, in pursuance of the orders of Honourable Supreme Court of Pakistan dated 1st July, 1992 the Vice-Chancellor as the head of the institution is pleased to expel Mr. Shah Alam son of Mr. Sahib Gul, Class Nos. 103, B.Sc. (Hons.) Part IV, Plant Protection Department, N.-W.F.P.
11. Agricultural University, Peshawar, from the University (including residence in Hostel) with immediate effect."
12. ' The petitioner who is aggrieved person on account of the above proceedings by the University has tried in this petition to explain the accusation against him. It is unacceptable and petition liable to be rejected in limine.
13. ' At the end, however, he stated that "now the Vice-Chancellor is prepared to forgive and forget".
14. After some hearing, as earlier stated, we did not feel satisfied with the explanation of the petitioner and the averments made in the petition, we asked the Registrar of the University who remained present during this time as to whether the purported favourable attitude of the Vice-Chancellor can be confirmed or denied? He took time and, on consulting the authorities by telephone after a short adjournment of the case, confirmed the statement made in the petition that "the Vice- Chancellor is prepared to forgive and forget". He also stated that if the petitioner shows his real remorse and again seeks forgiveness from the Court also the Vice-Chancellor will "forgive him".
15. ' We asked the petitioner about this position taken from the respondent's side to which his answer was very positive and complete penitence. He confidently stated that he has fully changed himself and that now his conduct will never give cause for any complaint against him. We observed genuine contrition in his demeanour. Three companions of the petitioner were also watching the proceedings. He was asked and directed to discuss this aspect with his companion students lest they might subsequently influence him otherwise. While asserting that they are all with him in making solemn commitment to the University as well as to this Court that they have all changed, he however, agreed to have consultation with them. After some time a draft undertaking was produced before us for acceptance. Mr. Basharatullah, a very Senior Advocate from Balochistan who has also been the Advocate-General of that Province was present. He also on our request participated in the drafting of the undertaking in consultation with the petitioner. We felt that the said draft was too strong in terms which might keep the petitioner under a sense of guilt and which sense might be detrimental to the development of his positive qualities. Accordingly we requested Mr. Basharatullah to modify the undertaking keeping in view a hopeful and positive attitude.
16. ' In this case of parental jurisdiction he having understood the mind of the petitioner and his companions of having undergone a complete change, in agreement with them, redrafted the undertaking which was signed by the petitioner and his companions as well. The Registrar of the University also accepted it as satisfactory. It reads as follows:- "Undertaking submitted to the Court in Constitution Petition No, 2/1993.
(1) That petitioner begs to tender apology on repenting past conduct.
(2) That petitioner undertakes to use the room in Hostel properly as per rules.
(3) That petitioner begs to re-affirm renew the undertaking given earlier.
(4) That petitioner assures the Court, the University and all superiors that his conduct hence aftershall be that of a good student.
17. (Sd.)
18. (Shah Alam Khan), District & Tehsil Bannu, P/O Domel."
19. "Witnesses
(1) (Sd.)
20. ' Muhammad Tariq Mehmood Khan, M.Sc. (Hons.) Final.
(2) (Sd.)
21. ' Hamayoun Khan Yousafzai, B,Sc.-III.
(3) (Sd.)
22. ' Muhammad Mushtaq, B.Sc. IV.
(4) (Sd.)
23. ' Roohullah Khan, Registrar (A.U.) 10-2-1993."
24. We not only appreciate but also consider it laudable for the Vice-Chancellor to have forgiven the petitioner in the larger interest of the latter's future; which undoubtedly will benefit, indirectly at least, the institution. While we insist that indiscipline must be curbed with very heavy hand we also are not unmindful of the parental juridiction of the educational institutions; particularly those who occupy the highest position therein. In the parental jurisdiction though the punishment is an alimentary component for correction, forgiving and forgetting as is well known are equally important components thereof. It is indeed correct that forgiveness emanates from complete satisfaction of the person who is exercising this prerogative. It is also in line with the teachings of our Deen--"Islam" and one of those attributes of Almighty Allah, which are invoked by the sinners in all jurisdictions. The exercise of this beneficent power of the educational institutions by those who have to go through a difficult experience, does justify a course which the Vice-Chancellor has very wisely chosen herein. This case had sometime back, assumed extraordinary dimensions. For the same reason the response to reason and an extreme repentant behaviour now shown by the petitioner matches well with the enormity projected in the other side of the picture.
25. ' There is another aspect of the matter. Jurisdiction exercised by the authorities like respondent herein partakes some element of the contempt jurisdiction which in terms is also a species of the greater corrective power and jurisdiction. For example a Court of law also is not required or compelled to take note of or always to take action as and when its contempt is committed. For the Supreme Court also the very structure of the Rules governing this jurisdiction makes it incumbent for the Chief Justice to go slow. Rule 7(1) of Order XXVII of the Supreme Court Rules, 1980 provides that when prima facie material is available the Chief Justice before even issuing notice would ordinarily examine the "expediency or propriety" of taking any action in the matter. The language used in the rules implies that even if a gross contempt has been committed it is, not necessary to take action in every matter. He often consults his colleagues and also nominates the Honourable Judges for the consideration of the subject of expediency and propriety. It is an absolutely misunderstood concept that in the parental jurisdiction of the teacher or the Judge/Court he must in all cases of his or his institution's defiance or insult, resort to a harsh punishment for correction.
26. Instances are not lacking that a reprimand in sharp and incisive language and manner proved more useful for both sides. And to add to this the principle of "Afw" in Islam in large majority of cases works miracles. This might be one of them. There are cases on "Afw" and Toba in our jurisdiction. General guidance can also be had from the following:
(1) Manzoor Hussain v. Zahoor Ahmad 1992 SCM R 1191.
(2) Ch. Akbar Ali v. Secretary, Ministry of Defence 1991 SCM R 2114 at 2117.
(3) Abdul Majid Khan v. Mst. Anwar Begum PLD 1989 SC 362 at 369.
(4) Sikandar Sadiq v. University of Peshawar PLD 1988 SC 638 at 641.
(5) Ahmad v. Vice-Chancellor, University of Engineering and Technology PLD 1981 SC 464 and
(6) Sh. Muhammad Aman Nomani v. Principal, Government College, Lahore PLD 1973 Note 146 at p.221.
27. In the light of what has been stated above we while appreciating the laudable position taken by the two sides in this case, dispose of the same in terms of the above-reproduced undertaking and observations and remarks aforerecorded with further direction that the petitioner, as undertaken by the respondent, shall be taken back in the University as well as in the hostel.