Justice Jahangiri to challenge IHC proceedings in Federal Constitutional Court

ISLAMABAD (Dunya News) - Justice Tariq Jahangiri has announced to challenge the ongoing proceedings of the Islamabad High Court before the Federal Constitutional Court in fake degree case.

According to sources, Justice Jahangiri has constituted a three-member senior legal team to contest the matter at different judicial forums. Advocate Akram Sheikh and Barrister Salahuddin will represent the case before the Islamabad High Court, while Advocate Uzair Bhandari will argue the matter on his behalf before the Federal Constitutional Court.

Sources said Justice Jahangiri is set to challenge the decision declaring the case maintainable, with the plea expected to be filed later today. The appeal will specifically contest the Islamabad High Court’s order regarding the continuation of proceedings in the degree case.

In addition to approaching the Federal Constitutional Court, Justice Jahangiri is also expected to submit fresh applications before the IHC to seek further legal relief.

Justice Jahangiri’s fake degree case originated after a letter started circulating last year on social media, reportedly from the University of Karachi’s (KU) controller of examinations.

Subsequently, a complaint pertaining to his allegedly fake degree was submitted to the Supreme Judicial Council — the top forum for judicial accountability that probes allegations of misconduct against judges — last year in July and a petition challenging his appointment was also filed in the IHC earlier this year by lawyer Mian Dawood.

The controversy has followed a protracted legal trajectory since Sept 16, when the same IHC division bench first took up the petition and issued an interim order restraining Justice Jahangiri from performing judicial functions until the maintainability of the petition could be decided.

The decision, made without issuing prior notice to the judge, had sparked debate within the legal community over whether a high court could suspend a sitting judge through an interim order. On Sept 29, the SC intervened, setting aside the restraining order.

Also read: IHC rejects Justice Jahangiri's objections to CJ Dogar-led bench hearing fake degree case

A five-member constitutional bench, headed by Justice Aminuddin Khan, held that a high court could not bar a judge from performing judicial functions while hearing a quo warranto petition.

The ruling clarified that it addressed only the legality of the interim order and not the merits of the allegations. The SC later directed the IHC to decide all preliminary objections and proceed with the matter in accordance with law.

Justice Jahangiri was also one of the six IHC judges who wrote to the SJC last year, alleging interference in judicial affairs by intelligence agencies. The letter sparked a wider debate on judicial independence and led to demands for an inquiry.