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SHC Rules Justice Jehangiri’s Degree Case Petitions Dismissed for Non-Prosecution

SHC Rules Justice Jehangiri’s Degree Case Petitions Dismissed for Non-Prosecution

The Sindh High Court (SHC) has dismissed petitions challenging the degree of Islamabad High Court Justice Tariq Mehmood Jehangiri, declaring that its earlier order issued on September 22 remained a valid judicial decision. The court observed that any objection to the order should have been taken to the Supreme Court, but no such move was made.

A division bench headed by Justice Mohammad Karim Khan Agha rejected the demand for recusal, stressing that the decision to recuse lies solely with the judge’s conscience. Lawyers representing the petitioners boycotted proceedings and raised slogans in court when the bench declined to step aside. The SHC described this conduct as highly unbecoming of senior legal professionals and bordering on contempt of court, though the judges refrained from issuing notices.

The high court noted that the petitioners and their counsel deliberately walked out instead of arguing maintainability, which the court termed a gross abuse of legal process. It further stated that superior courts hold inherent authority to dismiss petitions for non-prosecution or default, a principle recognized by the Supreme Court under Article 199 of the Constitution.

The SHC also dismissed objections that the matter should have been heard by a regular bench, affirming that constitutional benches had jurisdiction based on the relief sought. The court directed its registrar to preserve CCTV and audio recordings of the September 25 proceedings, underscoring that advocates could not dictate how the bench regulated its proceedings.

The petitions were originally filed by the Karachi Bar Association and others against the University of Karachi’s August 17, 2024 decision to cancel Justice Jehangiri’s degree. The court concluded that the matter was abandoned by the petitioners themselves and dismissed it due to non-prosecution.

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