KARACHI: The Sindh High Court (SHC) on Thu­­rsday suspended a de­­claration of the Kara­chi University (KU) syndicate and Unfair Means Committee to cancel the law degree of Justice Ta­­riq Mahmood Jahangiri of the Islamabad High Court.

The SHC observed that rights of every citizen were protected for fair trial, but unfortunately no opportunity of hearing was extended to Justice Jahangiri and the manner adopted appeared to be highly objectionable, illegal and without lawful authority.

The two-judge bench comprising Justice Salah­uddin Panhwar and Jus­tice Amjad Ali Sahito also restrained the KU from taking any coercive measures based on these decisions till the next hearing.

Two lawyers — Arif­ul­lah Khan and Mohammad Tahir Shabbir — petitio­ned the SHC to impugn the decisions of KU’s Unfair Means Commit­tee (UMC) and Syndicate cancelling Justice Jahangiri’s degree.

Says no opportunity of hearing was extended to the IHC judge

Representing the petitioners, Ibrahim Saifud­din and Tahir Me­­h­mood submitted that the petition pertained to fundamental rights and independence of the judiciary.

Referring to a provision of relevant rules and regulations, they argued that the UMC proceeded on the basis of a letter dated Aug 15 and written by the Prin­cipal of Islamia Law College wherein a list of four students was given, but the name of Justice Jahangiri was not mentioned. The impugned order was passed without hearing and in violation of basic settled principle of law.

The lawyers also asserted that such a decision did not reflect whether the aggrieved person was heard nor any record from Islamia Law College or appearance of its representatives was summoned, but they decided summarily in order to defame the IHC judge because he was among the six IHC judges who had written a letter about interference in judicial affairs and the matter was sub judice before the apex court.

They further conten­d­­ed that the impugned de­­cision not only amo­u­nted to defamation but also gave li­­cence to the public at large to def­ame the judge through social media.

The counsel maintained that the Supreme Judicial Council was the specific forum and if any college or varsity had any issue of a degree of any judge of higher judiciary they were required to approach the SJC instead of proceeding on their own whims without considering the seriousness of the issue and deciding the fate of a degree received in 1991 after a delay of 33 years.

They also referred to a press release of KU which says that such a degree was invalid and further agitated that there was mala fide on the part of college and KU as they initiated such process knowingly that their act was not sustainable under the law.

The bench noted that the arguments advanced by the counsel for petitioners carried substantial weight as it was yet to be ascertained whether the decision of the UMC, as well as the Syndicate’s ruling declaring the degree as invalid, were in conformity with applicable laws and regulations.

“From the record it ap­­pears proceedings were carried out by Unfair Me­­ans Committee without hearing Justice Tariq Mahmood Jahangiri, which prima facie shows that he was condemned unheard. As such, we are of the view that impugned decision was made in sheer violation of Article 10-A of the Constitution of Islamic Republic of Pakis­tan, 1973; wherein rights of every citizen are protec­t­­ed for fair trial, but unf­ortunately no opportunity of hearing was extended to Mr. Justice Tariq Mah­mood Jahangi­­ri and the manner so adopted appe­ars to be highly objectionable, illegal, void ab initio and without lawful authority,” it added.

The court ordered issuance of notices to the KU and respondents as well as the deputy attorney general and advocate general for a date to be fixed after three weeks.

“In the meantime, we hereby suspend the operation of the imp­ugned decision of the Unfair Mea­ns Committee dated August 17, 2024, as well as the Syndicate’s declaration regarding the invalidity of Mr. Justice Tariq Mahmood Jaha­n­giri’s degree. Further­more, the University of Karachi is hereby restrained from taking any coercive measures based on these decisions till the next date of hearing”, it conduced.

Controversy

The controversy erup­ted in July when a letter began circulating on soc­ial media, purportedly from the KU controller of examinations re­­garding Justice Jahangiri’s degree.

Last week, the issue resurfaced when the KU Syndicate cancelled the degree and enrolment of Justice Jahangiri, who obtained his LL.B. degree in 1991 under enrolment number 5968.

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.

Published in Dawn, September 6th, 2024