In a landmark verdict, the Islamabad High Court (IHC) on Thursday ordered the de-notification of Justice Tariq Mehmood Jahangiri from his office, declaring his appointment as a judge unlawful due to the absence of a valid LLB degree at the time of his elevation.
The Court's Verdict and Legal Reasoning
A division bench of the IHC, comprising Chief Justice Sardar Muhammad Sarfraz Dogar and Justice Muhammad Azam Khan, announced the decision after hearing a petition filed by Advocate Mian Dawood. The bench ruled that Justice Jahangiri did not possess a valid LLB degree, a fundamental prerequisite for enrollment as an advocate and, consequently, for appointment as a High Court judge.
The written order stated that the qualifications for a superior court judge are clearly outlined in the Constitution, and possessing them is non-negotiable. The bench declared that since Justice Jahangiri was not eligible to be considered an advocate, his elevation to the bench was "without lawful authority." The court directed that he cease to hold office immediately and ordered the Ministry of Law and Justice to formally de-notify him.
Arguments and Revelations During the Hearing
During the proceedings, Justice Jahangiri's counsel, Akram Sheikh and Barrister Salahuddin, represented him. They argued for an adjournment and raised objections about the bench's composition, suggesting bias. However, the court noted that the respondent had been given ample opportunity to submit his educational credentials but failed to do so.
A pivotal moment came when the Registrar of Karachi University, Imran Siddiqui, appeared before the court with the original academic records. He informed the bench that the university had ultimately cancelled Justice Jahangiri's degree. The registrar revealed that the judge had been caught cheating and was banned for three years by the University's Unfair Means Committee (UFM). He further stated that Justice Jahangiri had used a fake enrolment form to circumvent this ban and obtain the degree.
Barrister Salahuddin countered, arguing that the issue was one of procedural irregularities, not a fake degree, and that a petition challenging the university's cancellation was pending in the Sindh High Court.
Presidential Approval and Immediate Aftermath
Following the court's directive, President Asif Ali Zardari approved the de-notification of Justice Tariq Mehmood Jahangiri as a judge of the Islamabad High Court on the advice of the Prime Minister. A statement from the President's Secretariat confirmed that the action was taken in compliance with the IHC's decision, which declared the appointment illegal.
The bench disposed of all pending miscellaneous applications related to the case, bringing a definitive close to a controversy that has lingered for over a year and a half. This ruling underscores the judiciary's commitment to upholding constitutional prerequisites for judicial appointments, setting a strict precedent for the integrity of the legal system.
