- Petition filed by Justice Jahangiri dismissed by FCC: IHC.
- Court’s order says a judge is keeper of his own conscience.
- Cites sensitive nature of allegations for forming Division Bench.
ISLAMABAD: The Islamabad High Court (IHC) has dismissed the objection raised by Justice Tariq Mehmood Jahangiri against the constitution of the divisional bench and IHC Chief Justice Sarfraz Dogar’s inclusion in it.
“Keeping in view the sensitive nature of allegations of having an invalid/fake degree levelled against a sitting judge, it was deemed conducive, proper and in fitness of things to constitute a Division Bench to hear this case instead of a Single Bench,” reads the court’s written order issued on Tuesday.
It further highlighted that the constitution of benches to hear cases was the “sole prerogative of the CJ” and that it was not the first time where a division bench had been formed to hear a particular petition.
“The objection raised by Respondent No 1 [Justice Jahangiri] on the constitution of the Division Bench is hereby turned down having no force”.
The IHC’s written order comes a day after Justice Jahangiri, during the hearing of a petition filed by Advocate Mian Dawood, opposed the constitution of the division bench, saying that a quo warranto (by what authority/warrant) writ is never heard by a division bench but instead heard by a single bench.
The case concerns a controversy regarding Justice Jahangiri’s LLB degree, which was cancelled by the University of Karachi.
According to the university’s notification dated September 25, the university syndicate, in its meeting on August 31, 2024, approved “Resolution No 6” in compliance with the competent authority’s decision, upholding the recommendation of the Unfair Means Committee (UFM).
Furthermore, Justice Jahangiri had also objected to IHC CJ Justice Dogar’s inclusion in the bench, citing a conflict of interest as he had filed a petition against him.
Expressing distrust in the IHC CJ Dogar’s bench, Justice Jahangiri said that the case should be given to another bench.
However, the IHC dismissed Justice Jahangiri’s objection and expression of no confidence on CJ Dogar and pointed out that the petition filed by Justice Jahangiri against CJ Dogar had already been dismissed by the Federal Constitutional Court (FCC).
The IHC cited the Supreme Court’s case of Asif Ali Zardari vs The State where it was decided that a judge is a keeper of his own conscience and it is for him to decide whether to hear or not hear a matter before him.
Furthermore, the IHC, pointing out the peculiar nature of the said case, granted the Islamabad District Bar Association, Islamabad High Court Bar Association and the Islamabad Bar Council the right to audience.
