Former Islamabad High Court (IHC) judge Tariq Mehmood Jahangiri is set to challenge his removal from office before the Federal Constitutional Court (FCC) next week, sources familiar with the matter told, on Friday.
His legal team has finalised a constitutional petition against the IHC’s December 18 verdict that declared his appointment unlawful due to an allegedly invalid LL.B. degree.
A division bench comprising IHC Chief Justice Sardar Muhammad Sarfraz Dogar and Justice Muhammad Azam Khan had issued a short order directing the law ministry to de-notify Justice Jahangiri. Acting on the prime minister’s advice, President Asif Ali Zardari approved the de-notification, and Justice Jahangiri’s name was subsequently removed from the IHC website.
According to sources, the petition will argue that the IHC verdict was premature and violated established principles of judicial propriety. A central plea will be that the Sindh High Court (SHC) had already suspended Karachi University’s notification cancelling Justice Jahangiri’s degree.
The petition is expected to assert that the IHC could not deliver a final judgment on his eligibility while the foundational issue regarding his degree remained sub judice before another high court.
The challenge is also likely to reiterate allegations of bias against Chief Justice Dogar. A day before his removal, Justice Jahangiri had filed a complaint with the Supreme Judicial Council (SJC), accusing the chief justice of breaching the judicial code of conduct by discussing the pending case with him and suggesting a post-dated resignation to halt proceedings. His application seeking the recusal of CJ Dogar and two other judges was dismissed hours before the final verdict.
During the proceedings, Justice Jahangiri’s counsel objected to the bench’s composition, citing past litigation between his client and CJ Dogar. The defence further argued that under Article 209 of the Constitution, a superior court judge could only be removed through an SJC reference.
The IHC bench, however, distinguished between misconduct and eligibility, holding that the absence of a valid LL.B. degree rendered Justice Jahangiri ineligible for appointment under Article 175-A.
