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ISLAMABAD, Dec 16 (APP): The Islamabad High Court (IHC) on Tuesday rejected two objections of Justice Tariq Mahmood Jahangiri in a case regarding his degree.
The court rejected the objection regarding the formation of a two-member bench instead of a single bench and the objection against Chief Justice Sardar Sarfaraz Dogar.
Rejecting the request of Islamabad District Bar Association to be made a party in the case, it said that the court will hear the Islamabad High Court Bar and Islamabad Bar Council.
The division bench comprising Chief Justice Sardar Sarfaraz Dogar and Justice Azam Khan issued a written order of the previous hearing on the application of Advocate Mian Dawood. The court has said that serious allegations have been made regarding the degree of a High Court judge. Keeping in mind the sensitivity of the matter, a two-member bench was formed under administrative authority. The formation of benches is a discretionary power of the Chief Justice of the High Court. The formation of a special bench is not the first instance.
The written order has said that there is no legal justification for Justice Jahangiri’s objection of bias against the Chief Justice. The appeal of Justice Tariq Jahangiri and other judges against the transfer of the Chief Justice Dogar has been rejected by the Federal Constitutional Court.
There are several decisions of the Supreme Court on the principle of separation of a judge from the bench on the basis of bias. The Supreme Court has clarified the principles of objection against a judge in its decisions from 1966 to 2023. Not a single legal reason has been stated for Justice Jahangiri’s objection to the Chief Justice.
The IHC has ordered Justice Jahangiri to provide the record of the application and said that the complete response and record submitted by the university should also be provided. The court, while rejecting the request of the Islamabad District Bar Association to be made a party, said that the Islamabad High Court Bar and the Islamabad Bar Council will be heard. The further hearing of the case will be on December 18.