Islamabad, December 16, 2025: The Islamabad High Court (IHC) on Tuesday dismissed objections raised by Justice Tariq Mehmood Jahangiri against the constitution of a divisional bench and the inclusion of IHC Chief Justice Sarfraz Dogar in it, holding that the formation of benches falls exclusively within the chief justice’s prerogative.
In its written order, the court said that given the “sensitive nature” of allegations regarding an invalid or fake degree levelled against a sitting judge, it was appropriate and in the interest of justice to constitute a division bench rather than a single bench to hear the matter.
“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,” the order stated.
The court further observed that the constitution of benches is the sole prerogative of the chief justice and that this was not the first instance 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 order added.
The written order came a day after Justice Jahangiri, during the hearing of a petition filed by Advocate Mian Dawood, objected to the formation of a division bench, arguing that a quo warranto writ is traditionally heard by a single bench and not by a division bench.
The case revolves around a controversy concerning Justice Jahangiri’s LLB degree, which was cancelled by the University of Karachi. According to a university notification dated September 25, the syndicate, in its meeting held on August 31, 2024, approved “Resolution No. 6” in compliance with a competent authority’s decision, upholding the recommendations of the Unfair Means Committee.
Justice Jahangiri had also objected to the inclusion of Chief Justice Dogar in the bench, citing an alleged conflict of interest on the grounds that he had previously filed a petition against the chief justice. Expressing a lack of confidence in the bench headed by CJ Dogar, he had requested that the case be assigned to another bench.
However, the IHC rejected both the objection and the expression of no confidence, noting that the petition filed by Justice Jahangiri against CJ Dogar had already been dismissed by the Federal Constitutional Court (FCC).
In its order, the IHC cited the Supreme Court judgment in Asif Ali Zardari vs The State, which held that a judge is the keeper of his own conscience and it is for the judge himself to decide whether to hear or recuse from a matter.
Taking into account the peculiar nature of the case, the court also granted the Islamabad District Bar Association, Islamabad High Court Bar Association, and the Islamabad Bar Council the right of audience in the proceedings.
