Writ Petition No. 2797-P/2017 | Decided on 19 July 2017
Before the Peshawar High Court

In this important constitutional petition concerning student discipline and social media speech, Mr. Saifullah Muhib Kakakhel, Advocate Supreme Court, represented the petitioner before the Peshawar High Court. The case arose when a regular student of the Institute of Management Sciences (IMSciences), enrolled since September 2015, challenged Office Order No. IMSciences/STD/2017/1299 dated 19 June 2017, whereby he was rusticated from the Institute and fined Rs. 10,000.

The disciplinary action followed a Facebook post allegedly containing defamatory remarks regarding an incident on 12 May 2017 in which an insect was reportedly found in cafeteria food. The issue sparked discussion and protest among students on social media, and the petitioner joined the online protest. A show cause notice was issued, and thereafter the impugned rustication order was passed.

The principal legal question before the Court was whether a student could be rusticated for posting critical or allegedly defamatory remarks on social media without proper consideration of proportionality, surrounding circumstances, and a subsequent apology.

During proceedings, notice was issued to the respondents, and the Coordinator of IMSciences appeared before the Court. The Institute maintained that the disciplinary action was justified due to the use of defamatory and derogatory language on Facebook. However, during the hearing, the petitioner expressed deep remorse, tendered an unconditional apology, and undertook not to repeat such conduct. The Institute, in turn, agreed to adopt a lenient and parental approach in light of the circumstances.

The Honourable High Court observed that while posting defamatory material on social media is not commendable and students should ordinarily approach institutional management for redress of grievances, the petitioner had already suffered the consequence of rustication. The Court noted that he was described as a bright student and had shown genuine remorse. Emphasizing proportionality and reformative discipline over punitive action, the Court found it appropriate to balance institutional authority with the student’s right to continue his education.

Consequently, the High Court directed withdrawal of the rustication order dated 19 June 2017, reduction of the fine, submission of a written apology and undertaking by the petitioner, and immediate restoration of his academic status to allow continuation of studies. The petition was disposed of accordingly.

This judgment holds significance for student disciplinary law in Pakistan, particularly in matters involving social media expression. It underscores the principle of proportionality in educational penalties, reinforces judicial oversight over administrative actions of private educational institutions, and highlights the need to balance institutional reputation with student rights. Above all, it reflects the High Court’s preference for reformative rather than purely punitive discipline in academic settings.