The Sindh High Court (SHC) on Friday dismissed a set of petitions filed against the cancellation of Islamabad High Court’s Justice Tariq Mehmood Jahangiri’s law degree over non-prosecution, observing that shouting slogans against the judiciary and disrupting the court’s decorum was “highly unbecoming”.
In a related development, the University of Karachi (KU) issued a fresh declaration about the withdrawal and cancellation of the IHC judge’s degree.
On Thursday, heated scenes were witnessed at the SHC as a two-judge bench declined to entertain the plea of the IHC judge to become a party in proceedings on seven petitions, challenging the cancellation of his law degree.
The two-judge constitutional bench (CB) comprising Justice Mohammad Karim Khan Agha and Justice Adnan-ul-Karim Memon, however, set aside the IHC judge’s application, insisting that it would first hear and decide the maintainability of the petitions before it.
In its written order on Friday, the CB noted that it had “given an opportunity of hearing to all the lawyers for the petitioners on the question of maintainability” of these pleas, but they “deliberately chose not to avail this opportunity and instead walked out of [the] courtroom while causing a rumpus”.
It added that it was for the court to regulate its own proceedings and it could not be held hostage to the “whims or wishes of the advocates as to the manner in which the petitions shall be heard”.
The order read that Justice Jahangiri, with the permission of the bench, addressed the court with dignity and patience, but “not on the point of any petition or listed application, which, if any, were accordingly dismissed for non-prosecution as he also left [the] courtroom despite being given an opportunity of being heard”.
On the objections raised by the counsel for the petitioners, the CB noted that if they had any reservations about the transfer of these pleas from one bench to another, the appropriate course was to approach the apex court, which they failed to do.
The order further read that it was up to a judge to decide if they wanted to recuse themselves from a case or not based on their conscience.
The petitions had been filed last year by various bar associations, lawyers and a member of the University of Karachi (KU) syndicate, challenging the decisions of the university’s Unfair Means Committee (UMC) and Syndicate that cancelled Justice Jahangiri’s degree.
In September last year, the SHC had suspended, through an interim order, the KU decisions, restraining the university from taking coercive measures.
However, the dismissal of these petitions over non-prosecution has led to the withdrawal of the earlier interim stay and restraining order.
The SHC, in its order, observed that the superior courts possessed the “inherent power to dismiss constitutional petitions for non-prosecution or default regulate proceedings under Articles 199 of the Constitution, a principle confirmed by the Supreme Court in PLD 1993 SC 341 and 2006 SCMR 1154, where a persistent lack of diligence justifies dismissal”.
“Therefore, this court is compelled to dismiss the petitions due to non-prosecution,” it added.
It noted that when the counsel representing the parties, along with other members of the bar, insisted that their objections be decided first, the court informed them that all matters would be heard and decided together.
The bench further noted that they began shouting slogans against the judiciary. completely disrupting the decorum of the court.
“Such conduct is highly unbecoming and not expected from senior members of the legal profession,” it added.
“Prima facie, such conduct amounts to contempt of court. However, by way of indulgence and by showing maximum judicial restraint, we have decided to refrain ourselves from issuing any such notices. It is expected that the concerned counsel should maintain court decorum in future.”
The CB directed the SHC registrar to immediately preserve all CCTV recordings and any audio recording of September 25, both inside and outside of the courtroom.
KU declaration
After the dismissal of the petitions, the KU issued a new declaration about the withdrawal and cancellation of Justice Jahangiri’s degree. In August last year, the KU syndicate had cancelled the judge’s law degree on the recommendation of its UMC.
The decision came a few hours after the alleged detention of academic and syndicate member Dr Riaz Ahmed, who was picked up by the police in what appeared to be an attempt to stop him from attending the key meeting. He was released in the evening only after the syndicate had decided to cancel the degree.
In a statement issued on Thursday, KU said the syndicate, in its meeting held on August 31, 2024, had cancelled the LLB degree of IHC judge as well as his enrollment after finding him guilty of unfair means.
“In compliance with the syndicate meeting held on [August 21,2024] vide resolution No.06, the LLB results and degree of Mr Tariq Mehmood s/o Qazi Muhammad Akram being seat No. 22857 and enrollment No. AIL -7124/87 is hereby withdrawn and cancelled,” it added.
It also said that the new declaration had been issued with the approval of the KU vice chancellor.
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