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ISLAMABAD, Dec 9 (APP): A division bench of the Islamabad High Court (IHC) on Tuesday accepted the petition for hearing seeking to stop Justice Tariq Mehmood Jahangiri from working in alleged fake degree case.
The court also issued notices to Justice Tariq Mahmood Jahangiri, the federal government through the Ministry of Law, and the President through the Principal Secretary, Secretary Judicial Commission, Parliamentary Committee on Appointment of Judges, Higher Education Commission (HEC) and Karachi University, seeking their response within three days.
A two-judge bench comprising Chief Justice Sardar Muhammad Sarfaraz Dogar and Justice Muhammad Azam Khan heard the petition.
The petitioner Mian Dawood Advocate, Islamabad Bar Council member Raja Aleem Abbasi, Islamabad Bar Association President Naeem Gujjar along with his lawyer Ahmed Hassan, Advocate General Islamabad Ayaz Shaukat, Judicial Assistant Barrister Zafarullah and others appeared in court.
During the hearing, the responses of the HEC and Karachi University were presented to the court. Petitioner lawyer Mian Dawood began his arguments by saying that under Article 193 of the Constitution, it is mandatory for a high court judge to be a lawyer. An English newspaper published a news in this regard and the Karachi University controller examinations confirmed that the letter is correct. We filed a warrant application based on a newspaper news.
He argued that the Registrar IHC also sent an email to Karachi University and in the response, all the things were explained. A writ of quo-warranto is admissible against a high court judge in the same high court.
During the hearing, the petitioner lawyer objected to the Islamabad Bar Council’s plea to become a party.
The IBA’s lawyer Ahmed Hassan said that the petitioner is no aggrieved party in this case. If they think there is an issue, they should go to the bar council as the District Bar and the bar council deal with the matter of a lawyer’s degree. The judge against whom the case is filed was first a lawyer, and later became a judge, he said. If the degree is wrong, the matter should not be taken to the court, but to the Bar Council.
He said that if anyone has any objection to his ten-year practice, they should go to the Bar Council. The IBC’s lawyer opposed the request to admit the case against Justice Tariq Jahangiri, saying that this case is not within the jurisdiction of this High Court, but is within the jurisdiction of the Supreme Judicial Council. He argued that no application has been made to the Bar against Justice Jahangiri. Bar Councils are independent and autonomous, he added.
The IBC’s member Raja Aleem Abbasi said in the presence of 209, this trend will harm the independence of the judiciary. Justice Jahangiri has three licenses: lower court, high court, and supreme court. An intra-court appeal is pending against him. It is better to send it to another bench.
On the occasion, Judicial Assistant Barrister Zafarullah gave references of various decision of high court and supported the case to be admissible.
Chief Justice Sarfaraz Dogar directed Advocate General Islamabad to read the report of Karachi University and said that according to the university report, Islamia College declared Tariq Mahmood a stranger. Is the university saying that Tariq Mahmood was never a student of Islamia College?
The Advocate General Islamabad read the HEC’s report which said that the HEC has no role in the administrative matters of the university. The present writ petition is entirely an internal matter of the university, the university’s own authorities are responsible for issuing degrees. It said that Justice Tariq Jahangiri’s degree has never been submitted to the HEC for verification, no application is pending regarding the verification of the degree.
The HEC neither issues nor approves degrees, the HEC cannot verify any degree that is not recognized under the concerned university or higher educational institution. The HEC has no connection with the facts or circumstances of this matter.
The reply of the University of Karachi was also made part of the report.
The Registrar of the Islamabad High Court sought confirmation of the Controller of Examination’s letter via email on July 5, 2024. In response to the Registrar of the High Court’s email, the university confirmed the letter declaring the degree invalid. The Principal of Islamia College confirmed that Tariq Mahmood was never a student in the college from 1984 to 1991.
After the lawyers’ arguments were completed, the court declared the application admissible and sought a response from the parties within three days and adjourned the hearing.