PESHAWAR: In a significant legal development, the Peshawar High Court (PHC) has issued a directive for the admission of under-trial prisoner Tufail Zia into the Master of Law (LLM) program at the University of Peshawar. This ruling came following a writ petition filed by Tufail Zia, represented by Advocate Nauman Muhib Kakakhel, seeking admission to the LLM program while in detention.
A division bench of the PHC, comprising Justice Syed Muhammad Attique Shah and Justice Wiqar Ahmad, presided over the hearing. Advocate Nauman Muhib Kakakhel argued that despite his client’s professional background as a lawyer and passing the required admission test for the LLM program at Khyber Law College, University of Peshawar, Tufail Zia was not called for the interview, whereas candidates below him on the merit list were summoned.
The petitioner’s counsel emphasized that all fundamental rights of prisoners, including access to education, must be upheld, with only their physical movement restricted during incarceration. The bench, after hearing the arguments, directed the University of Peshawar to ensure Tufail Zia’s admission to the upcoming session of the LLM program based on his existing application and test performance, without any further delays.
This ruling by the PHC underscores the court’s commitment to safeguarding the rights of under-trial prisoners and ensuring equal access to educational opportunities, regardless of their legal status. It sets a precedent for upholding constitutional rights within the framework of Pakistan’s legal system.