SHC orders handover of Aisha Bawany College to govt, says classes must resume today

A week after the academic session at the Aisha Bawany College was suspended, the Sindh High Court ordered the court’s Nazir to hand over possession of the college to the Sindh government and ensure that classes resume on Friday (today) under any circumstances. 

The interim order came on Thursday on the petition filed by parents of students and the principal of the college who feared that the tussle between the Aisha Bawany Trust and the provincial education department was harming the students’ academic progress.

Hours after the order was passed, the court’s Nazir, Karamdin Junejo, handed over the possession of the college to the additional advocate general, Mustafa Mahesar. The closure of the college since September 14 affected over 2,500 students, the petitioners maintained as they requested the court to direct the two parties to let the academic session continue without any interruptions.

The petitioners' counsel, Salahuddin Ahmed, told the court that the provincial government, which was running the institute’s affairs, was dispossessed of the college’s building due to non-payment of dues worth over Rs8.4 million owing to a civil court’s order calling for the Aisha Bawany College to be handed over to its trustees.

He submitted that the high court had stayed the concerned officials from executing the order till September 23 after the provincial government challenged, in the Supreme Court, the rent controller’s order to handover the building’s possession to the trust over the education department’s failure to pay outstanding rent dues. 

However, to the students’ peril, the civil court’s order was executed resulting in an abrupt discontinuation of classes which affected the entire college, the counsel maintained.

He submitted that such interference in students’ academic year has harmed their future educational prospects including their annual examinations. “It is the students not the college administration who would be adversely affected by this litigation.” Ahmed said that violation of high court’s stay regarding handing over the possession to the trustees was still applicable and that a contempt of court plea had also been filed against the trustees. He requested the court to grant immediate relief to the petitioners.

SHC’s division bench headed by Justice Munib Akhtar after preliminary hearing of the petition issued notices to the provincial law officer and others and called their comments on September 25.

The court further warned that if any person acting upon the civil court’s order, attempting to interfere or create a law and order situation to disrupt the implementation of the SHC’s orders will be strictly dealt with in accordance with the law.

AAG’s orders

The AAG directed the SSP South to ensure that nothing mars the college’s reopening at 8:30am on Friday; both the Nazir and the AAG are reportedly to be present at the college to ensure everything goes smoothly.

Talking to media, AAG Barrister Mustafa Mahesar said the property belongs to the government and will be taken from the Aisha Bawany Trust as it miserably failed to run the college effectively and has in fact become a commercial entity which is unlawful.