ISLAMABAD:
Islamabad High Court (IHC) Chief Justice Sardar Muhammad Sarfraz Dogar has rejected objections raised to his being part of a bench hearing a quo warranto petition accusing a brother judgeIHC’s Tariq Mehmood Jahangiriof holding an invalid law degree.
CJ Dogar has noted that Justice Jahangiri will get justice from his court just like all other litigants.
On Monday, a division bench led by Justice Dogar and comprising Justice Muhammad Azam Khan resumed hearing the quo warranto petition filed by Mian Dawood Advocated.
Justice Jahangiriwhom the bench at the last hearing on December 9 directed to submit a reply in three dayshimself appeared before the bench. Members of the Islamabad Bar Council, Raja Aleem Abbasi, Zafar Khokhar, and others were also present.
The court directed the lawyers to take their seats, stating: “Please sit down. Mr Jahangiri is no longer a lawyer; he is my colleague. A respected judge has appeared before the court. We only wish to hear Justice Jahangiri.”
Justice Tariq Jahangiri stated that he received the court notice on Thursday. He said the case is 34 years old and requested time to obtain a copy of the petition. He again objected to the chief justice being part of the bench.
“You are a judge, and I am also a judge. I have filed a petition against your transfer [to the IHC] and seniority. This is a conflict of interest, and you cannot sit against me in this case,” he said.
According to Justice Jahangiri, in the judicial history of Pakistan, India, or even the world, it has never happened that one judge stops another judge from performing judicial work. “I was restrained from working in a case involving an objection. My objection is that you should not hear this case,” he said.
On September 16, the bench while taking up the petition stopped Justice Jahangiri from performing his duties. The IHC judge and a number of his colleagues later moved the Supreme Court, which on September 30 set aside the interim order of the division bench.
Responding to Justice Jahangiri’s objections, the chief justice said heJahangiriwould receive justice just like anyone else. Justice Jahangiri further argued that a writ of quo warranto is never heard by a division bench but by a single bench.
He said that by fixing the hearing before a divisional bench, his right to file an intra-court appeal against the decision had also been taken away.
He said in this manner, not even a patwari or a peon is restrained from work. He said that even in murder cases, charges are framed after seven days, whereas he was given only three days’ notice.
He urged the court not to proceed in this manner in a quo warranto petition, warning that setting such a judicial precedent would have disastrous consequences.
Justice Jahangiri stated that the university had never said that the degree was fake or that it had not been issued. He again swore upon the Holy Quran, invoking Allah as witness, that his degree is genuine. He reiterated that the university had never declared the degree fake or denied issuing it.
The judge said the Sindh High Court (SHC) has suspended the decision cancelling his degree, as a result of which his degree stands restored. The IHC later summoned the registrar of the University of Karachi (KU), along with the complete record, on December 18.
It also directed that a copy of the petition and all related documents submitted with it be provided to the judge concerned. Advocate Mian Dawood requested that the case be heard on a day-to-day basis. The court adjourned further hearing of the case until December 18.
Last year, the syndicate of the KU cancelled the degree of the IHC judge. On September 25, after the IHC stopped the judge from performing duties, the university also issued a notification confirming the decision of its syndicate. The SHC, however, suspended the KU’s notification on October 4.
