News
Tuesday, April 20, 2010
Supreme Court directs action against HEC director
* Apex court observes HEC’s action of putting students’ name on ECL is against articles 14 and 15 of the constitution
Staff Report
ISLAMABAD: A three-member Supreme Court (SC) bench on Monday issued directions to the authorities concerned to initiate legal action against the Higher Education Commission (HEC) director for placing the names of students on the Exit Control List (ECL) with the help of the Federal Investigation Agency (FIA).
The bench – comprising Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry, Justice Ch Ijaz Ahmed and Justice Ghulam Rabbani – issued the directions after taking up HEC’s appeals against a verdict of the Lahore High Court (LHC) Rawalpindi bench in favour of Sajid Anwar and Shaireen Khan.
The court directed the HEC counsel to present any rules and regulations that enabled HEC authorities to make requests for placing the names of students on the ECL. When the counsel could not cite any such rules, the CJP remarked that, “If there is rule of law in the country, then you have done wrong and if there is the rule of jungle in Pakistan, then you have done right.”
Freedom of movement: The court observed that HEC’s action was against articles 14 and 15 of the constitution, which pertained to the freedom of movement. Justice Ijaz observed that, “If you do not give employment opportunities to the highest degree holders, they will leave the country. It is because of the treatment you accorded to them that the cream of the country prefers to go abroad for work”.
The HEC had filed appeals against the LHC Rawalpindi bench’s verdict, in which the court had ordered the removal of students’ names from the ECL. The court had observed that when the HEC refused to provide employment opportunities to students, it had no right to impose restrictions upon their movement.
Sajid Anwar, a student of MS in Engineering, had gone to South Korea to pursue an M Phil degree after entering into an agreement with the HEC to return within a specific time period, his counsel said. After two years, the HEC asked him to return without completing practical training there and refused to give him employment here, he said.
Surprise: The counsel told the court that Anwar was surprised when he was told that his name was placed on the ECL and he could not travel abroad for pursuing education or employment. The court will also take up identical cases of five other students today.
Courtesy www.dailytimes.com.pk