Justice Tariq Mahmood Jahangiri on Monday raised objections to the bench headed by Chief Justice of the Islamabad High Court (IHC), Justice Sardar Sarfraz Dogar, hearing a case related to a degree controversy involving him, and sought the transfer of the matter to another bench, citing a conflict of interest.
The case was taken up by a division bench comprising Chief Justice Sarfraz Dogar and Justice Azam Khan. Justice Jahangiri appeared before the court along with counsel representing the Islamabad Bar Association.
At the outset of the hearing, Chief Justice Dogar requested lawyers present in the courtroom to take their seats, noting the presence of Justice Jahangiri. During the proceedings, Justice Jahangiri informed the court that he had received notice of the petition only on Thursday and that the notice did not include a copy of the petition. He said the matter related to events dating back 34 years and requested time to obtain and review the petition.
Justice Jahangiri objected to Chief Justice Dogar being part of the bench hearing the case. In response, the chief justice remarked that both were judges and that a petition had been filed against Justice Jahangiri.
Justice Jahangiri maintained that the situation amounted to a conflict of interest and argued that the chief justice could not sit on a bench hearing a case against him. He further contended that a writ of quo warranto is traditionally heard by a single bench, not a division bench. He also objected to being restrained from performing judicial work, saying such a step had no precedent in judicial history.
Chief Justice Dogar remarked that Justice Jahangiri would receive justice in the same manner as any other litigant.
Justice Jahangiri further argued that even in murder cases, indictments are framed after seven days, whereas he had been given only three days’ notice. He cautioned that setting such a precedent in quo warranto proceedings could have far-reaching and damaging consequences.
Addressing the court, Justice Jahangiri stated on oath that his degree was genuine and that the university had neither declared it fake nor denied issuing it.
He reiterated that he did not have confidence in the current bench and requested that, if the case was to be heard, it should be referred to another bench. He also sought reasonable time to prepare his defence.
The Islamabad High Court directed the registrar of Karachi University to appear before the court with the relevant record. The court also ordered that copies of the petition and all related documents be provided to Justice Jahangiri. The hearing was adjourned until Thursday, December 18.
