ISLAMABAD: Judge of the Islamabad High Court (IHC) Justice Tariq Mehmood Jahangiri challenged the Sindh High Court’s (SHC) impugned order, saying it is without jurisdiction, contrary to law and the spirit of equity, and liable to be set aside.
Justice Jahangiri filed a petition before the SHC against the decision of the Unfair Means Committee (Respondent No.6) dated 17 August 2024, as well as the minutes of the Karachi University (KU) Syndicate (Respondent No.5). The petition was dismissed by the Constitution Bench of the SHC on 25 September. Justice Jahangiri challenged the SHC order on Thursday.
Justice Jahangiri contended that the SHC “dismissed my application to become a party to the case,” adding that passing a “one-sided order without hearing the affected party is contrary to law.”
He pleaded that the SHC in the impugned order has erroneously held that the issue of maintainability had to be heard first before any order is passed on the application for recusal or questions regarding the jurisdiction of the SHC Constitutional Bench, or without first impleading the main aggrieved party, i.e., the petitioner, and allowing him time to engage legal counsel.
He submitted that this reasoning of hearing the maintainability first is irrational and illegal; Firstly, any decision on the question of maintainability in the absence of formally impleading the petitioner would be a grave violation of the principle of natural justice.
Secondly, any decision on the question of maintainability without allowing the petitioner to engage legal counsel and forcing him to argue in person would be a violation of the principle of natural justice.
Copyright Business Recorder, 2025
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