Islamabad:
A division bench of the High Court of Islamabad (IHC) arrested one of his Brothers Judges on Tuesday – Tariq Mehmood Jahangiri – from the exercise of his functions when he took a petition accusing Judge Jahangiri to hold a doubtful LLB diploma – a decision which is required to deepen the section in the judiciary.
Interestingly, the bench including the chief judge Sardar Muhammad Sarfraz Dogar and judge Muhammad Azam Khan also asked for help from the Pakistan Attorney General (AGP) Mansoor Awan on the question of whether the petition is kept.
He also appointed the main lawyers lawyers Zafarullah Khan and Ashtar Ali Ausaf as Amici Curiae. The bench noted that until the Supreme Judicial Council (SJC) – the Judges’ responsibility forum, who was also approached against Judge Jahangiri – decides the case, the judge cannot treat cases.
The division bench heard on Tuesday the Petition quo Warranto filed by lawyer Mian Daud against Judge Jahangiri. When the case was called, the petitioner did not appear. His assistant told the bench that Daud was not available due to a medical emergency and asked for the adjournment.
Interestingly, some representatives of the Islamabad Bar Association (IBA) and the Islamabad bar council (IBC) came to La Rostre and strongly opposed the petition filed against a judge on service. They described it as non-concrete and urged the bench to reject it immediately.
CJ DOGAR noted that the IHC registrar’s office had also opposed the request and that the court had not yet given an opinion to any part, including the judge. “The case will remain in the process until the SJC makes a decision. The key question before the court is whether a request under article 199 can be filed when the case is already Sub Judice before the SJC,” he said.
The member of the IBC, Raja Aleem Abbasi, said that the case was very worrying, because complaints against judges are the exclusive field of the SJC and allow the petitions of this type of creating a dangerous precedent.
The CJ reminded abbasi that, as the IHC had given no opinion, it could not hear the arguments of the members of the bar. “The constitutional role of bars is important and they will have a chance if the court has questions,” he added.
The bench then retained the judge in the case work. Taking an exception to the order, the Islamabad bar council announced on Wednesday (today) the strike (today) both in the CI and the district court. He said that a general meeting of the organization would decide on the future conduct line and that a rally will also take place.
Sources said that judge Tariq Mehmood Jahangiri intended to challenge the decision of the Supreme Court.
After the hearing, the IHC has published a new list of judges, excluding judge Jahangiri. Its division bench and its assignments of simple benches were also withdrawn. According to the new list, between September 17 to 19, the benches of three divisions and six single benches will be available.
The first division bench will include CJ Dogar and judge Muhammad Azam Khan. The second division bench – only hear taxes related to tax – will be composed of judge Babar Sattar and judge Sardar Ejaz Ishaq Khan. The third division bench will include judge Muhammad Asif and judge Inaam Ameen Minhas.
The simple benches will be composed of the chief judgar, judge Mohin Akhtar Kayani, judge Saman Rafat Imtiaz, judge Muhammad Azam Khan, judge Muhammad Asif and judge Inaam Ameen Minhas.
The list was published by the registrar’s office with the approval of the chief judge.
On August 31, 2024, the Union of the University of Karachi canceled the allegedly “invalid” degree of justice Jahangiri on the recommendations of the University University Means Committee (UFM).
The declaration published by the University after the meeting did not mention the name of judge Jahangiri, but noted that the committee had proposed the cancellation of “the diploma and the registration cards of the candidates found guilty of acts contrary to ethics and immoral”.
The decision only occurred a few hours after the union member’s detention, Dr. Riaz Ahmed, who was reportedly recovered by police from an apparent attempt to prevent him from attending the key meeting.
However, the high court of the Sindh (SHC) on September 5, 2024 suspended the decision of the University of Karachi.
A division bench, including judge Salahuddin Panhwar and judge Amjad Ali Sahito, also prohibited the University from taking other measures on a complaint against Judge Jahangiri while hearing a request filed by the judge.
