President Zardari approves de-notification of Justice Jahangiri

WEB DESK: President Asif Ali Zardari has approved the de-notification of Justice Tariq Mehmood Jahangiri as a judge of the Islamabad High Court (IHC). The action, taken early Friday on the advice of the Prime Minister, follows a definitive court verdict and is stated to be in full compliance with constitutional and legal requirements.

Court declares appointment invalid

The presidential decision came hours after an IHC division bench, led by Chief Justice Sardar Muhammad Sarfraz Dogar, issued a ruling on Thursday. The court declared that Justice Jahangiri’s elevation to the superior court was “without lawful authority” and that he “ceased to hold” the office of IHC judge immediately. The verdict centered on the legitimacy of the judge’s law degree.

Core Issue: Validity of Law Degree

The court found that at the time of his appointment and confirmation, Justice Jahangiri did not hold a valid LLB degree, a fundamental prerequisite for enrollment as an advocate and, consequently, for appointment as a High Court judge under Article 175-A of the Constitution. The University of Karachi (KU) Registrar informed the court that its syndicate had cancelled the degree, alleging it was “secured through unfair means” in the late 1980s.

Defense Arguments and Judicial Proceedings

During hearings, Justice Jahangiri’s legal team objected to the bench hearing the case, citing bias due to prior intra-court appeals filed by the judge concerning the Chief Justice’s appointment. They also noted a stay order from the Sindh High Court regarding the degree cancellation. The IHC bench, however, dismissed these objections, observing that it had provided ample opportunity for the submission of a defense and relevant credentials, which were not furnished.

Background and Escalation of the Case

The controversy originated from social media allegations last year, leading to a formal petition in the IHC. After initial procedural rulings and a Supreme Court intervention on the limits of interim orders, the case proceeded on its merits. The Higher Education Commission later endorsed KU’s findings. Notably, Justice Jahangiri had recently filed complaints with both the Supreme Judicial Council and the Federal Constitutional Court, accusing Chief Justice Dogar of bias and misconduct in handling the case.

The court’s final order pointed out that the constitutional qualifications for judicial office are sacrosanct and personal to the individual. With the President’s formal de-notification, the legal process concludes the tenure of Justice Jahangiri, a judge who was also among the group of IHC judges who earlier raised concerns about external interference in judicial affairs.