ISLAMABAD: The Islamabad High Court (IHC) has dismissed the objection raised by Justice Tariq Mehmood Jahangiri against the constitution of the divisional bench and IHC Chief Justice Sarfraz Dogar’s inclusion in it.
“Keeping in view the sensitive nature of allegations of having an invalid/fake degree levelled against a sitting judge, it was deemed conducive, proper and in fitness of things to constitute a Division Bench to hear this case instead of a Single Bench,” reads the court’s written order issued on Tuesday.
It further highlighted that the constitution of benches to hear cases was the “sole prerogative of the CJ” and that it was not the first time where a division bench had been formed to hear a particular petition. “The objection raised by Respondent No 1 [Justice Jahangiri] on the constitution of the Division Bench is hereby turned down having no force”. The IHC’s written order comes a day after Justice Jahangiri, during the hearing of a petition filed by Advocate Mian Dawood, opposed the constitution of the division bench, saying that a quo warranto (by what authority/warrant) writ is never heard by a division bench but instead heard by a single bench.
Furthermore, Justice Jahangiri had also objected to IHC CJ Justice Dogar’s inclusion in the bench, citing a conflict of interest as he had filed a petition against him. Expressing distrust in the IHC CJ Dogar’s bench, Justice Jahangiri said that the case should be given to another bench.
However, the IHC dismissed Justice Jahangiri’s objection and expression of no confidence on CJ Dogar and pointed out that the petition filed by Justice Jahangiri against CJ Dogar had already been dismissed by the Federal Constitutional Court.
