ISLAMABAD:
A division bench of the Islamabad High Court (IHC) on Tuesday stopped one of its brother judges — Tariq Mehmood Jahangiri — from performing his duties as it took up a petition accusing Justice Jahangiri of holding a dubious LLB degree — a move that is bound to deepen the chasm within judiciary.
Interestingly, the bench comprising Chief Justice Sardar Muhammad Sarfraz Dogar and Justice Muhammad Azam Khan also sought assistance from Attorney General for Pakistan (AGP) Mansoor Awan on the question of whether the petition is maintainable.
It also appointed senior lawyers Barrister Zafarullah Khan and Ashtar Ali Ausaf as amici curiae. The bench noted that until the Supreme Judicial Council (SJC) — the judges’ accountability forum, which has also been approached against Justice Jahangiri — decides the matter, the judge cannot handle cases.
The division bench on Tuesday heard the quo warranto petition filed by advocate Mian Daud against Justice Jahangiri. When the case was called, the petitioner did not appear. His assistant told the bench that Daud was unavailable due to a medical emergency and requested adjournment.
Interestingly, some representatives of the Islamabad Bar Association (IBA) and the Islamabad Bar Council (IBC) came to the rostrum and strongly objected to the petition filed against a serving judge. They termed it non-maintainable and urged the bench to immediately dismiss it.
CJ Dogar noted that the IHC Registrar Office had also objected to the petition and the court had not yet issued notice to any party, including the judge. “The matter will remain pending until the SJC reaches a decision. The key question before the court is whether a petition under Article 199 can be filed when the matter is already sub judice before the SJC,” he said.
IBC member Raja Aleem Abbasi said the case was highly concerning, as complaints against judges are the exclusive domain of the SJC and allowing petitions of this kind would set a dangerous precedent.
The CJ reminded Abbasi that as the IHC had not issued any notice, it could not hear argument by bar members. “The constitutional role of bars is important and they will be given a chance if the court frames questions,” he added.
The bench later restrained the judge from case work. Taking exception to the order, the Islamabad Bar Council announced a strike on Wednesday (today) at both the IHC and the district court. It said a general body meeting would decide the future course of action and a rally would also be held.
Sources said Justice Tariq Mehmood Jahangiri intends to challenge the decision in the Supreme Court.
Following the hearing, the IHC issued a new duty roster of judges, excluding Justice Jahangiri. His division bench and single bench assignments were also withdrawn. According to the new roster, effective from September 17 to 19, three division benches and six single benches will be available.
The first division bench will comprise CJ Dogar and Justice Muhammad Azam Khan. The second division bench — to hear only tax-related cases — will consist of Justice Babar Sattar and Justice Sardar Ejaz Ishaq Khan. The third division bench will include Justice Muhammad Asif and Justice Inaam Ameen Minhas.
Single benches will consist of Chief Justice Dogar, Justice Mohsin Akhtar Kayani, Justice Saman Rafat Imtiaz, Justice Muhammad Azam Khan, Justice Muhammad Asif, and Justice Inaam Ameen Minhas.
The roster was issued by the Registrar’s Office with the approval of the chief justice.
On August 31, 2024, the Karachi University’s Syndicate annulled the allegedly “invalid” degree of Justice Jahangiri on the recommendations of the university’s Unfair Means (UFM) Committee.
The statement issued by the university after the meeting did not mention the name of Justice Jahangiri but noted that the committee had proposed the cancellation of “the degree and enrollment cards of candidates found guilty of unethical and immoral acts.”
The decision came just hours after the detention of Syndicate member Dr Riaz Ahmed, who was reportedly picked up by police in an apparent attempt to prevent him from attending the key meeting.
However, the Sindh High Court (SHC) on September 5, 2024 suspended Karachi University’s decision.
A division bench, comprising Justice Salahuddin Panhwar and Justice Amjad Ali Sahito, also barred the university from taking any further action on a complaint against Justice Jahangiri while hearing a petition filed by the judge.
