ISLAMABAD: The Islamabad High Court has cancelled the Oct 21 hearing in the case concerning the eligibility and academic degree of Justice Tariq Mehmood Jahangiri.
An update posted on the IHC’s official website on Friday stated that the hearing was canceled due to the unavailability of the earlier bench. The case has been removed from the cause list, and a new date will be announced later.
The court recently reshuffled its duty roster, resulting in the formation of a new division bench comprising Chief Justice Sardar Mohammad Sarfraz Dogar and Justice Khadim Hussain Soomro. Earlier, a bench consisting of CJ Dogar and Justice Mohammad Azam Khan was hearing the petition.
The matter was last taken up on Sept 16. On that occasion, the bench passed an interim order restraining Justice Jahangiri from performing his judicial duties. However, the Supreme Court had on Sept 29 set aside that order. A five-member constitutional bench of the apex court, headed by Justice Aminuddin Khan, ruled that no sitting judge could be barred from judicial work through an interim order of a high court.
Sources said the hearing was canceled as the Supreme Judicial Council (SJC) may take up the matter during its meeting scheduled for Saturday (today). During the Sept 29 hearing, Justice Jamal Khan Mandokhail had recalled that the SJC was due to meet on Oct 18 to hear several complaints against superior court judges.
According to the sources, the SJC will also deliberate upon the degree controversy. It may be mentioned that Justice Dogar is also a member of the SJC. However, during the hearing on complaints against
IHC judges, including Justice Jahangiri, Justice Dogar will not sit in the SJC meeting.
Instead, Peshawar High Court Chief Justice S. M. Attique Shah will attend the meeting as an alternative member.
The petition in this case was filed by Advocate Mian Dawood, who has sought a writ of quo warranto questioning the legitimacy of Justice Jahangiri’s LLB degree and his eligibility to hold judicial office.
The apex court also directed the IHC to first address the objections raised by its registrar’s office before proceeding on the merits of the case. During the proceedings, Attorney General for Pakistan Mansoor Usman Awan described the case as “one of first impression,” noting that a quo warranto petition against a sitting high court judge was unprecedented.
Advocate Dawood conceded that the restraining order could not be defended in light of earlier SC rulings, while Justice Jahangiri’s counsel, senior lawyer Munir A. Malik, welcomed the apex court’s decision.
