PESHAWAR: A local court on Wednesday granted an interim pre-arrest bail to 18 students, including some Afghan nationals, of a public sector Institute of Management Sciences Hayatabad in a case of rioting and illegal confinement of staff members during a demonstration against the scheduled in-person examination.

Additional district and sessions judge Nasrullah Khan directed the students, which also included some Afghans, to furnish two surety bonds each of Rs80,000.

The court issued notice to the institute’s management, which is complainant in the case, and fixed Feb 13 for next hearing.

The students had staged a protest demonstration outside the institute on Jan 27 against holding of their examinations on-campus and were demanding to conduct the same online.

The FIR of the occurrence was registered on complaint of the institute’s security officer Mah Munir under Pakistan Penal Code sections 147 (rioting), 149 (unlawful assembly), 341 (wrongful restraint), 342 (wrongful confinement) and 506 (criminal intimidation).

Advocate Nouman Muhib Kakakhel appeared for the 18 petitioners and contended that the charges in the FIR against his clients were fabricated and were filed by the university through its security officer only to harass and humiliate the protesting students.

They demonstrated against in-person exam

He contended that the suspects nominated in the FIR were innocent and there was no evidence regarding their mere presence on the spot.

The counsel argued that the foreign students, who belonged to Afghanistan and were in the country either on the Afghan government’s sponsorship programmes or on visa.

He added that the students lived in the official accommodation of the institute and on the day of the incident, they were locked inside due to the closure of gates.

The lawyer said the students were also seen inside the institute while interacting with the management of the university.

The counsel argued that even if the petitioners were protesting, it was their legal right.

He, however, insisted that none of the students attacked the gate of the university and instead, they protected it from aggressors, who belonged to other educational institutions.

Mr Kakakhel said the examination of the accused would commence on Feb 15 and if they were arrested, their preparation for exam and appearance in it would be hampered.

He alleged that that the blue-eyed people of the administration and complainant were not spared and not charged in the FIR, whereas innocent and voiceless foreigners and local students were made a scapegoat and therefore, the FIR was based on mala fide intent and ulterior motives of the complainant and university.

In the FIR, the complainant claimed that the 18 students in question along with 80-90 others had blocked the main road outside the university from 1pm to 6pm and the management were made hostage.

It alleged that the protesters were also hurling threats on the management.

The complainant added that the protesters damaged the main gate of the university.

Published in Dawn, February 4th, 20212