ISLAMABAD: The Islamabad High Court (IHC) on Tuesday dismissed objections raised by Justice Tariq Mehmood Jahangiri against the constitution of a division bench and the inclusion of IHC Chief Justice Sarfraz Dogar.
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The court noted that, given the sensitive allegations regarding a possibly invalid degree, it was appropriate to constitute a division bench instead of a single bench to hear the case.
The IHC emphasized that the formation of benches is the “sole prerogative of the Chief Justice,” adding that constituting a division bench for specific petitions is not unprecedented. The written order stated that Justice Jahangiri’s objection “has no force” and was accordingly turned down.
Justice Jahangiri had opposed the bench during the hearing of a petition filed by Advocate Mian Dawood, arguing that a quo warranto writ should be heard by a single bench. He also expressed concerns over a potential conflict of interest due to CJ Dogar’s inclusion, citing a previously dismissed petition he filed against the chief justice.
The case revolves around Justice Jahangiri’s LLB degree, which the University of Karachi cancelled. The university, in a notification dated September 25, stated that its syndicate upheld the recommendation of the Unfair Means Committee, validating the cancellation of the degree.
The IHC also referenced the Supreme Court ruling in Asif Ali Zardari vs The State, noting that a judge is the keeper of his own conscience and can decide whether to hear a matter.
Read More: Plea has challenged judge’s degree, not his conduct, says IHC
Due to the unique nature of the case, the court allowed the Islamabad District Bar Association, Islamabad High Court Bar Association, and Islamabad Bar Council to participate in the proceedings.