ISLAMABAD: While challenging appointment of Justice Tariq Mehmood Jahangiri in Islamabad High Court (IHC), Mian Dawood advocate has filed constitutional petition.
Appointment of Justice Jahangiri has been challenged through Quo Warranto under article 199 of the constitution,
Justice Sajjad Ali Shah 1998 Supreme Court case has been made central legal basis .
The LLB degree of Justice Jahangiri is wrong.
The petitioner has taken plea in the petition that complaint has been filed against Justice Tariq Jahangiri in Supreme Judicial Council (SJC) on the basis of wrong degree.
According to Justice Tariq Mehmood Jahangiri he did LLB from University of Karachi.
Enrolment No 5968 AIL attributed to LLB Part-1 of Tariq Mehmood Jahangiri pertains to Imtiaz Ahmad. The name written on mark sheet of part-1 is Tariq Jahangiri son of Muhammad Akram.
Enrolment number 5968 which is recorded on tabulation sheet of university is attributed to Tariq Jahangiri instead of Imtiaz Ahmad.
The name of college written on Part-1 and Part -11 is Government Islamia College.
Enrolment No AIL-7124 is written on part-2 attributed to Justice Tariq Jahangiri. Name of Tariq Mehmood son of Qazi Muhammad Akram is written on mark sheet of Part-11.
According to letter of college principal Tariq Mehmood son of Qazi Muhammad Akram has not remained student of college from 1984 to 1991.
According to controller examination of university one enrolment No cannot be allotted to two persons for complete degree. A 9-member bench of Supreme Court has declared judge of high court public office holder in 1998.
In run of Quo Warranto IHC is bound to order inquiry against any person. Article 199 of the constitution empowers high court to get hold inquiry in writ of quo warranto.
IHC can get hold inquiry in respect of any judge in his personal capacity even if the complaint is pending in Supreme Judicial Council.
In the light of 9-member bench decision of Supreme Court the constitutional petition against Justice Tariq Jahangiri is maintainable. Justice Tariq Jahangiri did not have capability to become lawyer but he became judge.
The petitioner requested the IHC to declare the appointment of Justice Tariq Jahangiri unconstitutional besides nullifying it.
