Academic Immunity: A Misconception in Pakistani Law

The recent arrest of Professor Usman Qazi on terrorism allegations has sparked debate about whether a person's professional status as a university teacher grants immunity from criminal liability. However, the straightforward answer is no, as the Constitution of Pakistan ensures equality before the law, and the Penal Code contains no provision exempting university professors from its operation. The controversy has emerged on social media, with narratives portraying Professor Qazi as an intellectual silenced by state oppression, but from a legal standpoint, the state's formal position is to prosecute him for allegedly facilitating terrorism.

Key Takeaways:

• The Constitution of Pakistan enshrines the principle of equality before the law, ensuring that all citizens are equal and the law does not create exceptions on the basis of profession or office.
• The Penal Code contains no provision exempting university professors or academics from its operation, and academic status does not provide immunity from criminal liability.
• The Anti-Terrorism Act 1997 criminalises acts of terrorism, abetment, facilitation, and recruitment, and the prosecution must substantiate its claims to attach full liability regardless of the accused's professional background.
• The situation in Balochistan highlights the seriousness of the matter, with precedents of university students involved in acts of terrorism and academic affiliation not recognised as a shield from criminal liability.
• The government argues that if the issue is truly one of deprivation, then how is it that Dr. Usman and his wife both hold respectable government positions, and Dr. Mahrang Baloch, who completed her MBBS on a state-funded scholarship, continues to raise the banner of marginalisation.
• The matter must proceed before the courts, where the prosecution will bear the burden of proof and the accused will enjoy full rights of defence, and public debate should not obscure the principle that the law applies equally to all citizens.

Statistics:

• 32 civilians and 22 security personnel were killed in the November 2024 Quetta railway station suicide bombing.
• The Anti-Terrorism Act 1997 criminalises acts of terrorism, abetment, facilitation, and recruitment.
• The Penal Code contains no provision exempting university professors or academics from its operation.

Sources:

• Constitution of Pakistan
• The Anti-Terrorism Act 1997
• Penal Code
• Daily Times - All Rights Reserved
• HT Media Ltd.
• SyndiGate Media Inc.