Islamabad:
A division bench by Islamabad High Court (IHC) stopped one of its Brordomers on Tuesday – Tariq Mehmood Jahangiri – from performing his duties as it took a petition who accused Justice Jahangiri of having a Dutt LLB degree – a step tied to elaborate on the chasing.
Interestingly, the bench consisting of Chief Justice Sardar Muhammad Sarfraz Dogar and Justice Muhammad Azam Khan also sought help from the lawyer 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 to Amici Curiae. The bench noted that until the Supreme Judicial Council (SJC) – the judges’ responsibility forum, which has also been contacted against Justice Jahangiri – decides the case, the judge cannot handle cases.
The division bench on Tuesday heard Quo Warranto -arrangement filed by lawyer Mian Daud against Justice Jahangiri. When the case was called, the petitioner did not show up. His assistant told the bench that Daud was not available due to a medical emergency and requested postponement.
Interestingly, some representatives of the Islamabad Bar Association (IBA) and Islamabad joined the Council (IBC) to Rostrum and opposed strongly the petition filed against an earning judge. They called it non-persistent and called on the bench to immediately reject it.
CJ Dogar noted that the IHC registrar office had also objected to the petition, and the court had not yet issued any party, including the judge. “The case will remain pending until SJC reaches a decision. The central question to the court is whether a petition under Article 199 can be filed when the case is already under Judice before SJC,” he said.
IBC member Raja Aleem Abbasi said the case was very worrying, as complaints about judges are the exclusive domain of SJC and allowing petitions of this kind would set a dangerous precedent.
CJ reminded Abbasi that when IHC had not issued any message, it could not hear argument from bare -wing members. “The constitutional role of the bars is important and they get a chance if the court frames the questions,” he added.
The bench later detained the judge from case work. In the exception of the order, Islamabad announced a strike on Wednesday (today) on both IHC and the court. It said that a general organ meeting would decide the future course of action and that a demonstration would also be held.
Sources said that Justice Tariq Mehmood Jahangiri intends to challenge the decision in the Supreme Court.
After the consultation, IHC issued a new customs list of judges, excluding Justice Jahangiri. His division bench and single -bench tasks were also withdrawn. According to the new list, which is with effect from 17 to 19 September, there will be three division benches and six single benches available.
The first division bench will include CJ Dogar and Justice Muhammad Azam Khan. The second division bench-only to hear 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 security list was issued by the Justice Secretary’s office with the approval of Chief Justice.
On August 31, 2024, Karachi University’s Syndicate canceled the allegedly “invalid” degree of justice Jahangiri on recommendations from the University’s UFM Committee (UFM).
The statement issued by the university after the meeting did not mention the name of Justice Jahangiri, but noted that the committee had proposed canceling the “degree and registration cards for candidates found guilty of unethical and immoral acts.”
The decision came a few 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, on September 5, 2024, Sindh High Court (SHC) suspended Karachi University’s decision.
A division bench consisting of justice Salahuddin Panhwar and justice Amjad Ali Sahito also prevented the university from taking further action against a complaint against Justice Jahangiri while hearing a petition filed by the judge.
