1. The facts leading to the institution of the instant Constitution petition are that the petitioners are students of various faculties of University of ARID Agriculture, Rawalpindi; that on 17-12-1997, respondent No,3 issued a notice to each of the petitioners informing them that they are not allowed to hold any kind of function at the University Campus without prior permission of the authorities; that again on 18-12-1997, the petitioners were issued another notice with the allegations that they have been involved in an act of indiscipline and misconduct and they were accordingly directed to submit their written statements and also to appear before the Discipline Committee; that on 9-1-1998, respondent No,3 through a letter directed the petitioners to appear before respondent No,2 for personal hearing on 12-1-1998; that the petitioners accordingly appeared pursuant to the communications aforementioned before the Discipline Committee and were heard.
2. 2.That the proceedings of the Discipline Committee culminated in the passing of the following punishments against each of the petitioners:--
(i) Waseem Akbar: Fine of Rs,1,000 in default whereof prohibited from sitting in final examination. Warning to be careful in future.
(ii) Aftab Afzal: Fine of Rs,500 in default whereof prohibited from sitting in final examination. Strict warning to be careful in future and expulsion from Hostel with immediate effect.
(iii) Muhammad Musharaf:Fine of Rs,300 in default whereof prohibited from sitting in final examination. Put on probation for academic year 1997-98. Expulsion from Hostel.
(iv) Saqib Aziz: Fine of Rs,300 in default whereof prohibited from sitting in final examination. On probation for academic year 1997-98.
(v) Osama Labib: Fine of Rs,300 in default whereof prohibited from sitting in final examination. On probation for academic year 1997-98. Expulsion from Hostel.
(vi) Shahid Saleem: Fine of Rs,100 in default whereof prohibited from sitting in final examination. Warning to be careful in future. Expulsion from Hostel.
(vii) Babar Bashir: Fine of Rs,100 in default whereof prohibited from sitting in final examination. Warning to be careful in future.
3. 3.That through the instant Constitution petition, the petitioners have questioned the legality and the propriety of the orders of the respondent-University whereby various punishments have been inflicted on the petitioners as aforesaid.
4. 4.Mr. Shaukat Aziz Siddiqui, learned counsel for the petitioners has raised the following contentions:--
(i) That no allegation of any act prejudicial to the good order and discipline or unbecoming of a student and a gentleman has been levelled against the petitioners nor has any proof been produced of the same before the Disciplinary Committee or even before Vice Chancellor;
(ii) that no proper inquiry has been conducted by the Discipline Committee and no evidence had been produced by the complainant authorities in support of their allegations and the Discipline Committee proceeded against the petitioners on mere conjectures and surmises;
(iii) that the petitioners had been awarded major punishments on account of acts of indiscipline and misconduct but there was no evidence in support of the charges that led to the award of the said punishments.
(iv) that the petitioners are bona fide students of the University and there was no previous complaint whatever against them regarding misconduct or any illegality or irregularity.
5. 5.Feeling pursuaded by the submissions made at the bar by the learned counsel for the petitioners, a report and parawise comments had been sent for from the respondent-University, so as to reach this Court Within ten days. The University Authorities accordingly submitted the report and parawise comments to the instant petition. The position taken by the University Authorities in their report and parawise comments can be summarized as follows:-- "That on coming to know that the students belonging to Islami Jamiate-Tulba were going to hold the function at the Campus of the University where they had proposed to invite outside political personalities, the University Authorities immediately re-acted, and called upon the students belonging to Islami Jamiat-e-Tulba not to do so and to refrain from holding any such function at the Campus of the University. They were informed that this action on the part of the said students was calculated to spoil and disrupt the peaceful atmosphere of the University Campus. They were accordingly called upon not to hold the function. All the efforts of the University and the communications addressed to the students in this behalf notwithstanding, the function was held by the said students. As the action of the students was violative of the University discipline and was bound to set a bad precedent for other students to follow, the University Authorities initiated the disciplinary action against the students who were in the fore-front of the illegal activity and took the matter before the Disciplinary Committee of the University. The petitioners were served with written communications/notices and their replies thereto solicited. The Disciplinary Committee heard the petitioners in support of their version of the case and after satisfying all the requirements of law and procedure and after affording full opportunity of being heard to the petitioners they were awarded various punishments, the details whereof have been given hereinabove."
6. 6.Mr.Shaukat Aziz Siddiqui, learned counsel for the petitioners during the course of his submissions at the bar did not deny the holding of the meeting by the petitioners as alleged by the University-Authorities. The only defence put up by him was that such meetings had been held in the past and that the same could be held again and that the petitioners did not act illegally by holding the function at the University Campus. The stance thus, taken by the learned counsel for the petitioners did clearly manifest that the allegations of the University-Authorities against the petitioners were not without basis. I had sent for the Registrar of the University. On appearing in the Court, the position that the Registrar took was that allowing the petitioners to have their way would amount to opening pandora's box. He maintained that various political parties of the country have set up their political wings among the students. Allowing one wing of such students to drag the University into active politics would make it impossible for the University Authorities to stop other students organizations to indulge in and carry on such-like activities. The University would in such circumstances, be turned into a political arena rather than a University Campus.
7. The sole aim and object of the University Authorities behind stopping the function complained against was- to preserve the peaceful and tranquil atmosphere of the University.
8. 7.During the course of hearing of the instant petition, the University Authorities have in particular taken strong exception to the conduct of petitioner Wasim Akbar and have maintained that he had in the past also indulged in such acts of indiscipline. After hearing the learned counsel for the petitioners as also the Registrar of the University, I confronted the said .Wasim Akbar with the allegations as made against him by the University Authorities as to his past activities. He frankly conceded the same being correct. It clearly establishes the fact that no exception can be taken to the action taken by the University against the petitioners nor any motive can be attributed to the University Authorities who were solely motivated by their desire to maintain peace, tranquillity and discipline at the University Campus.
8. There is no force in the contention of the learned counsel for the petitioners that the University Authorities rather to be precise the Discipline Committee of the University had not recorded any evidence before inflicting various punishments on the petitioners and holding them guilty of the acts of indiscipline. The University Authorities, it is plain, were not holding a trial, as is understood in common parlance, in a Court of law, so as to record the evidence in that manner. Ends of justice were sufficiently met and the requirements of principles of natural justice adequately complied with when the University Authorities put the petitioners on notice as to the allegations against the petitioners and afforded them full opportunity to explain their position vis-a-vis. The same. They could, in the circumstances, not allege or complain of having been condemend unheard. The fact that the petitioners held the function, the notices and the cautions of the Uniyersity notwithstanding, was admitted, as aforesaid, by the learned counsel for the petitioners. The only justification, as pointed out earlier, shown by the learned counsel for the petitioners was that such functions had been held in the past.
9. Needless to say that a thousand illegalities cannot furnish a basis or justification for yet another illegality.
9. Having heard the Registrar of the University and the learned counsel for the petitioners, this Court had expressed a wish that the University Authorities keeping in view the fact that their position vis-a-vis the students was that of parents should reconsider the punishments inflicted on the petitioners, on the petitioners approaching the University Authorities with an unconditional apology and with an assurance to refrain from such activities in future. It gives me immense pleasure to record the fact that the University Authorities showed magnanimity of heart by leaving the matter entirely to this Court. Having given my careful and anxious consideration to the questions raised by both the sides and keeping the future of the young students in view and on the assurance of the petitioners as also their learned counsel that they shall not indulge in any activity of the kind in future as is prejudicial to the discipline of the University or is calculated to in any way, disrupt its peaceful atmosphere, I direct the University Authorities to reconsider the various punishments inflicted on the petitioners subject to the condition that the petitioners shall tender unconditional written apology to the Registrar of the University for their acts of indiscipline within seven days of the passing of this order with an assurance that they shall refrain from indulging in any such act of indiscipline in future; failing which the instant petition shall stand dismissed.
10. The instant Constitution petition is disposed of with these observations and in the above terms.