The Islamabad High Court (IHC) has dismissed objections raised by Justice Tariq Mehmood Jahangiri regarding the constitution of a divisional bench and the inclusion of Chief Justice Sarfraz Dogar in the proceedings.
In a detailed written order issued on Tuesday, the court stated that, given the serious nature of allegations involving an invalid or fake academic degree against a sitting judge, it was appropriate and necessary to hear the matter through a divisional bench rather than a single bench.
The court emphasised that the authority to constitute benches rests exclusively with the chief justice. It noted that forming a divisional bench to hear a specific petition is neither unprecedented nor irregular within judicial practice. The order clearly stated that Justice Jahangiri’s objection to the bench’s composition held no legal merit and therefore rejected it.
The ruling followed a hearing the day before, when Justice Jahangiri opposed the divisional bench’s decision while responding to a petition filed by Advocate Mian Dawood, arguing that a writ of quo warranto is traditionally heard by a single bench rather than a divisional bench.
Read: HEC & KU Submit Reports in Justice Jahangiri Degree Controversy to IHC
The case centres on a dispute concerning Justice Jahangiri’s LLB degree, which the University of Karachi cancelled following findings by its Unfair Means Committee. According to a university notification dated September 25, the syndicate approved Resolution No. 6 during its meeting on August 31, 2024, thereby upholding the committee’s recommendation in line with the competent authority’s decision.
Justice Jahangiri also objected to Chief Justice Sarfraz Dogar’s presence on the bench, citing an alleged conflict of interest due to a petition he had previously filed against the chief justice.
The IHC rejected this contention, noting that the Federal Constitutional Court had already dismissed Justice Jahangiri’s petition against Chief Justice Dogar. The court relied on Supreme Court precedent, including Asif Ali Zardari v. The State, which established that a judge remains the ultimate arbiter of his own conscience when deciding whether to hear a matter.
Considering the exceptional circumstances of the case, the IHC also granted the Islamabad District Bar Association, the Islamabad High Court Bar Association, and the Islamabad Bar Council the right of audience in the proceedings.
