ISLAMABAD: Islamabad High Court (IHC) Justice Khadim Hussain Soomro on Tuesday recused himself from hearing the case challenging the eligibility of Justice Tariq Mehmood Jahangiri.
A complaint pertaining to Justice Jahangiri’s allegedly fake law degree was submitted to the Supreme Judicial Council last year in July, while a petition challenging his appointment was filed in the IHC last year. The matter centres on a letter that began circulating last year on social media, purportedly from the University of Karachi’s (KU) controller of examinations, regarding the judge’s degree.
Today, a two-member bench, comprising Chief Justice Sarfraz Dogar and Justice Soomro, took up a miscellaneous application filed by the Islamabad Bar Association (IBA) seeking to become a party in the matter.
During the proceedings, Justice Soomro recused himself from hearing the case, following which the bench stood dissolved, and the hearing was adjourned without any further proceedings.
His decision comes after a division bench hearing a writ petition filed by Advocate Mian Dawood, which questioned the legitimacy of Justice Jahangiri’s LLB degree, was reconstituted. Justice Mohammad Azam Khan was previously part of the bench led by Justice Dogar.
It may be recalled that Justice Jahangiri is one of the five judges who challenged the transfer of Justice Dogar, as well as of two other judges — Justice Khadim Hussain Soomro and Justice Mohammad Asif — to the IHC.
In its application, the IBA argued that fair and transparent adjudication of the pending writ petition would be impossible without hearing the bar as a party, since the issues involved are of “fundamental importance” to the legal fraternity and the rule of law.
The lawyers’ body emphasised that under its Memorandum of Association (2016), it is mandated to safeguard the rule of law, the independence of the judiciary, and civil liberties. It further maintained that the bar has historically been at the forefront of struggles for constitutional supremacy and must therefore be heard in this matter.
The plea recalled that the bar’s functions include facilitating its members in the performance of their professional duties, protecting their interests, and maintaining high standards of integrity and ethical conduct.
“The Islamabad Bar is resolute in shielding the superior judiciary from attacks, whether internal or external, and in striving for the supremacy of the Constitution,” the application stated.
