SC suspends IHC verdict restraining Justice Jahangiri from judicial work
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IHC's Justice Tariq Mehmood Jahangiri. — IHC website/File
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Islamabad: Supreme Court suspended the Islamabad High Court (IHC) order on Monday.
The Apex Court issued notices to the concerned parties, including the office of the Attorney General of Pakistan, and adjourned the hearing of the case till tomorrow.
The decision was announced by a five -member constitutional bench, headed by Justice Aminuddin Khan, Justice Jehangiri challenged the IHC’s September 16 order and filed an appeal filed by Justice Jehangiri.
Other members of the bench included Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Syed Hassan Azar Rizvi, and Justice Shahid Bilal Hassan.
The development came after a two -member bench of the IHC, headed by Chief Justice (CJ) Sardar Mohammad Sarfraz Dogar and Justice Muhammad Azam Khan, in which Justice Jehangiri was given judicial duties from the Supreme Judicial Council (SJC) to the Supreme Judicial Council (SJC). The petition was filed by lawyer Mian Dawood.
Following the verdict, five IHC judges, including Justice Jehangiri, contacted separate SCs against the divisional bench order.
The four other judges included Justice Mohsin Akhtar Kayani, Justice Babar Sattar, Justice Saman Rift and Justice Ejaz Ashiq Khan.
The case is based on a dispute over Justice Jehangiri’s LLB degree, which was canceled by Karachi University last week.
According to the university notification on September 25, the University Syndicate approved “Resolution No. 06” in compliance with the competent authority decision on August 31, 2024, which upheld the recommendation of the unfair source committee (UFM).
The notification states, “Justice Jehangiri was convicted for the use of unfair sources and has been barred for three years from appearing in any university or college as well as any university examination.”
In addition, the University of Karachi made it clear that Justice Jehangiri was never admitted to Islamia Law College, Karachi in 1989 as a student.
Challenged the degree cancellation in SHC
Meanwhile, Justice Jehangiri has also challenged the cancellation of his LLB degree by his unfair source committee at the University of Karachi (UO) Syndicate and Sindh High Court (SHC).
In his petition, the IHC judge has demanded that his petition has been filed under Article 199 (1) (A) (II), which will be fixed before a regular bench of the High Court.
Noting that all objections will be answered during the hearing, the petition argues that the decision of the UOK syndicate and unfair sources is beyond the scope of illegal authority.
The petition states that “the decision of the UOK Syndicate agenda and the unfair meaning of the committee should be revoked.”
It further claims that under the UO’s Act, the syndicate did not have the authority to cancel the degree after its release, and it could only be a civil court.
Earlier, the SHC rejected similar requests regarding the unpredictable degree, despite objections raised by the defense lawyer.
In this case, the lawyer questioned the legal status of the decision to assign itself from another constitutional bench of the bench, which actually set petitions for hearing on September 30. In the protest, the bench boycotted the operation after the bench refused to retrieve himself.
The bench said that the two judges agreed that there were no proper foundations for the recovery, adding that any problem about maintaining must be resolved first.
In addition, the SHC Bench dismissed the applicant’s lawyer’s argument that these applications should be heard by a regular SHC Bench, noting that the constitutional bench had a suitable forum according to the nature of relief.
