The Super Court of Sindh (SHC) dismissed on Friday a set of requests filed against the cancellation of the Judge of the Superior Court of Islamabad, Tariq Mehmood Jahangiri, the title of lawyer on the non -disgrace, observing that shouting the slogans against the judicial and interrupting the decorum of the court was “highly impossible.”
In a related development, the University of Karachi (KU) issued a new statement on the withdrawal and cancellation of the title of Judge IHC.
On Thursday, the heated scenes were witnessed in the SHC, since a bank of two judges declined entertaining the IHC judge to become part of seven requests, challenging the cancellation of their lawyer title.
The Constitutional Bank (CB) of two judges comprising Judge Mohammad Karim Khan Agha and Judge Adnan-Ul-Karim Memon, however, annul the request of the IHC judge, insisting that he would first listen and decide the maintainability of the requests before.
In his order written on Friday, the CB said he had “given the opportunity to listen to all lawyers for petitioners about the question of the maintainability” of these supplications, but “deliberately they decided not to take advantage of this opportunity and, instead, they left [the] court while causing a lot. ”
He added that it was that the court regulated its own procedures and that it could not be hostage of the “whims or wishes of the defenders about the way the requests are heard.”
The order said that Judge Jahangiri, with the permission of the bank, addressed the court with dignity and patience, but “not at the point of any request or request listed, which, if there was, was dismissed by the non -disgracement as it also left. [the] Court despite having the opportunity to be heard. ”
Regarding the objections raised by the lawyer of the petitioners, the CB said that if they had any reserve on the transfer of these supplications from one bank to another, the appropriate course was to approach the Apex court, what they could not do.
The order also said that it depended on a judge to decide whether they wanted to withdraw from a case or not depending on their conscience.
The requests had been presented last year by several associations of lawyers, lawyers and member of the union of the University of Karachi (KU), challenging the decisions of the unjust media committee of the University (UMC) and union that canceled the title of Judge Jehangiri.
In September of last year, the SHC had suspended, through a provisional order, KU’s decisions, which prevented the university from taking coercive measures. However, the dismissal of these requests on non -prosecution has led to the withdrawal of the previous provisional stay and the restriction order.
The SHC, in order, observed that the superior courts possessed the “inherent power to dismiss the constitutional requests of non -prosecution or procedures regulated by breach under articles 199 of the Constitution, a principle confirmed by the Supreme Court in PLD 1993 SC 341 and 2006 SCMR 1154, where a persistent missing diligence justifies the dismissal.”
“Therefore, this court is forced to dismiss the requests due to non -prosecution,” he added.
He pointed out that when the lawyer who represents the parties, together with other members of the Bar Association, insisted that their objections were decided first, the court informed them that all matters would be heard and determined together.
The bank also pointed out that slogans began to shout against the Judiciary. completely interrupting the decoum of the court.
“Such behavior is very improper and is not expected of the members of the legal profession,” he added.
“Prima Facie, said conduct is equivalent to contempt to the court. However, as an indulgence and by showing the maximum judicial restriction, we have decided to refrain from issuing such notices. The lawyer in question is expected to maintain the decoration of the court in the future.”
The CB ordered the SHC registrar to immediately preserve all CCTV recordings and any audio recording of September 25, both inside and outside the courtroom.
KU statement
After the dismissal of the requests, the KU issued a new statement on the withdrawal and cancellation of the title of Judge Jahangiri. In August of last year, the KU union had canceled the judge’s title on the recommendation of its UMC.
The decision occurred a few hours after the alleged arrest of the academic member and the union, Dr. Riaz Ahmed, who was collected by the Police in what seemed to be an attempt to prevent him from attending the key meeting. He was released at night only after the union had decided to cancel the title.
In a statement issued on Thursday, Ku said the union, at its meeting held on August 31, 2024, canceled the degree of IHC Judge of LLB and its registration after finding it guilty of unfair means.
“In compliance with the union meeting held in [August 21,2024] Vide resolution
He also said that the new statement had been issued with the approval of the Vice Chancellor of Ku.
