- CJ Dogar-led bench says matter will remain pending until Supreme Judicial Council decides it
- Petitioner cites Karachi University records, dual enrollment numbers as evidence
- Islamabad Bar Council slams ruling, announces strike and protest rally
ISLAMABAD: An Islamabad High Court (IHC) division bench, headed by Chief Justice (CJ) Sardar Mohammad Sarfraz Dogar and comprising Justice Mohammad Azam Khan, on Tuesday barred Justice Tariq Mahmood Jahangiri from performing judicial duties until the Supreme Judicial Council (SJC) decides on the matter of his allegedly fake degree.
A complaint over Justice Jahangiri’s law degree was submitted to the SJC in July last year, while a petition challenging his appointment was filed in the IHC earlier this year. The controversy arose after a letter—purportedly from the University of Karachi’s controller of examinations—regarding his law degree began circulating on social media.
During the hearing of the petition, the bench not only restrained Justice Jahangiri from judicial work but also appointed Barrister Zafarullah Khan and Ashtar Ausaf as amici curiae while seeking the attorney general’s assistance on the maintainability of the plea. It ruled that the case would remain adjourned until the SJC’s decision.
“The court has to consider an important question: if a matter is pending before the Supreme Judicial Council, can the high court still be approached on it,” the bench observed.
At one stage, Islamabad Bar Association’s counsel Raja Aleem Abbasi said, “We believe in the rule of law,” stressing that bar associations were also stakeholders in the matter. He warned that if the practice of filing such petitions became a trend, it could prove “dangerous.”
Following the order, the IHC issued a revised duty roster, which excluded Justice Jahangiri from any bench.
The Petition
The petition against Justice Jahangiri, filed under Article 199 of the Constitution, seeks a writ of quo warranto (by what authority) against him, arguing that his foundational qualification—an LLB degree from the University of Karachi—is “invalid.”
It cites correspondence from Karachi University as evidence, highlighting dual enrollment numbers for Justice Jahangiri’s LLB Part-I and Part-II exams. The university has previously stated it is “impossible to allot two enrollment numbers to a single student.”
According to the petition, enrollment number AIL-5968/87, which appears on his Part-I mark sheet, had been allocated to another individual, while Government Islamia Law College’s principal confirmed that no student by the name of “Tariq Mehmood s/o Qazi Muhammad Akram” was admitted under enrollment AIL-7124/87 during the relevant period. The KU controller of examinations also reportedly termed the degree and mark sheets “invalid.”
The petitioner argues that appointing a judge without the requisite qualification is not a minor administrative lapse but a violation of citizens’ fundamental rights, undermining public confidence in the judiciary.
Justice Jahangiri is among the five judges who last year wrote to the SJC alleging interference by intelligence agencies in judicial matters. He was also hearing election petitions concerning alleged rigging in Islamabad constituencies when the degree controversy surfaced.
Islamabad Bar’s Reaction
Representatives of the Islamabad Bar Council strongly condemned the IHC’s decision to stop Justice Jahangiri from judicial work.
Speaking at a press conference, Bar Council member Aleem Abbasi called it the “darkest day,” saying, “This is the first time that one judge has stopped another from working. A wrong tradition is being set.”
He announced a strike at the District Courts and IHC, along with a rally following the bar’s general body meeting on Wednesday. “What will you do if the Peshawar High Court stops you from performing duties tomorrow?” Abbasi asked Justice Dogar.
Plea against Justice Azam Khan
Meanwhile, a separate petition was filed in the IHC seeking the removal of Justice Azam Khan. The plea argues that his appointment as a permanent judge and subsequent promotion were illegal since he was serving on deputation in the Islamabad Judicial Service.
The petitioner maintained that, under the rules, only serving judges could be made permanent, and promoting deputationists was impermissible. Therefore, Justice Azam, it contends, was not eligible to serve as an IHC judge.
