ISLAMABAD – Islamabad High Court found itself facing an unprecedented test as objections were raised in fake degree controversy involving a sitting judge.
Islamabad High Court (IHC) however, firmly dismissed all objections raised by Justice Tariq Mehmood Jahangiri against the constitution of a division bench and the inclusion of Chief Justice Sarfraz Dogar in the case. The court declared that allegations of holding an invalid or fake law degree against a sitting judge are of sucha grave and sensitive nature that hearing the matter through a division bench, rather than a single bench, was not only justified but necessary “in the interest of justice.”
The court made it clear that the authority to form benches rests exclusively with Chief Justice and stressed that constituting a division bench for specific cases is neither unusual nor unprecedented. Consequently, Justice Jahangiri’s challenge to the bench’s formation was dismissed outright as having “no legal force.”
The ruling followed heated objections raised by Justice Jahangiri a day earlier during hearing of a petition filed by Advocate Mian Dawood. Justice Jahangiri argued that a writ of quo warranto is traditionally heard by a single bench and not by a division bench, questioning the very legality of the court’s composition.
The controversy stemmed to Justice Jahangiri’s LLB degree, which was cancelled by University of Karachi. A university notification dated September 25 revealed that the syndicate, in its meeting held on August 31, 2024, approved Resolution No. 6, thereby upholding the findings of the Unfair Means Committee in compliance with directions from the competent authority.
The situation escalated further when Justice Jahangiri objected to Chief Justice Sarfraz Dogar’s inclusion in the bench, alleging a conflict of interest on the grounds that he had previously filed a petition against the Chief Justice. Expressing a complete lack of confidence, he demanded that the case be transferred to another bench.
IHC flatly dismissed demand, pointing out that Justice Jahangiri’s earlier petition against CJ Dogar had already been dismissed by Federal Constitutional Court. The court relied on Supreme Court’s landmark ruling in Asif Ali Zardari v. The State, reaffirming that a judge is the sole judge of his own conscience and has the authority to decide whether to hear a matter.
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