March 2, 2024
By Kamran Ali
PESHAWAR
An undertrial inmate of Central Jail Peshawar has moved the high court against the rejection of his application for an M. Phil program at the Islamia College University.
In his writ to the Peshawar High Court (PHC), Tufail Zia prayed that he is entitled to admission in the university’s M. Phil in Political Science programme as he had successfully passed screening, but was refused enrollment unconstitutionally.
Speaking to Voicepk.net, Zia stated that after completing his Masters in Political Science during internment, he saw an advert for the Islamia College University’s M. Phil program and applied for it through a legal process and with approval from an Anti-Terrorism Court (ATC) via an application.
“I ranked within the top ten in the entrance test merit list, upon which I was called in for an interview. However, the selection committee refused to enroll me because I am behind bars,” he lamented. He elaborated that when asked how he would be able to ensure physical attendance, he requested for online classes or that a tutor be arranged at the prison over which the committee sounded its disapproval.
“Education is a fundamental right, and if the government, Islamia College and jail administration make a joint effort, they can easily find a way,” he emphasized. “It would be a matter of pride for the province wherein prisoners will be able to pursue higher education.”
Zia is under trial for his alleged role in the murder of an Ahmadi man accused of blasphemy, within the Peshawar Judicial Complex on July 29, 2020. The teenager who shot dead Tahir Ahmed Naseem, 57, named Zia as the one who supplied him with the murder weapon. Zia’s bail has been denied by the Supreme Court, and his trial is currently being heard in an ATC. He maintains that he has been falsely implicated.
His counsel, Nouman Muhib Kakakhel, argued that Article 25-A of the Constitution of Pakistan guarantees education to all citizens equally, while rule 381(2) of the Khyber Pakhtunkhwa Prisons Rules 2018 also assure undertrial prisoners right to education. He further contended that the respondent university arranged online classes, seminars and special lectures on a regular basis during the pandemic, and therefore there should be no issue in arranging online classes or sending a tutor to the prison.
Superintendent Central Jail Peshawar Waseem Khan asserted that there are no restrictions on the inmates in pursuing an education. However, policies on the frequency and mode of classes in M.Phil programs depend on the degree-awarding institution.
“If the institution [where Tufail wants admission] facilitates online classes or sends a tutor, the jail administration will cooperate and support its inmates,” he said, insisting on the rehabilitative role of jails. He also mentioned that prisoners are eligible for remission upon successfully acquiring certifications or degrees during their confinement. He provided that, for example, inmates are granted a one-year remission for completing their matriculation.
The Government of Khyber Pakhtunkhwa through its home secretary, Inspector General of Prisons, Superintendent of Central Prison Peshawar, Islamia College University’s Vice-Chancellor, registrar and Head of Department of Political Science are respondents in the petition.
A bench comprising Justice Ishtiaq Ibrahim and Justice Wiqar Ahmad has asked the university and the provincial government to submit their replies in the matter till March 18.