The Islamabad High Court (IHC) has dismissed objections raised by Justice Tariq Mehmood Jahangiri against the formation of a divisional bench and the inclusion of Chief Justice Sarfraz Dogar in that bench.

In a written order issued on Tuesday, the court stated that due to the sensitive nature of allegations involving an allegedly invalid or fake degree 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 case.

The order emphasized that the constitution of benches is the sole prerogative of the Chief Justice, adding that this was not the first instance where a division bench had been formed to hear a specific petition. The court concluded that the objection raised by Justice Jahangiri regarding the bench’s constitution carried no legal weight and was therefore rejected.

The written order followed a hearing held a day earlier, during which Justice Jahangiri opposed the formation of the division bench while a petition filed by Advocate Mian Dawood was being heard. Justice Jahangiri argued that a quo warranto petition—which questions the legal authority of a public office holder—is traditionally heard by a single bench, not a division bench.

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The case centers on a controversy surrounding Justice Jahangiri’s LLB degree, which was cancelled by the University of Karachi. According to a notification issued by the university on September 25, its syndicate approved Resolution No. 6 during a meeting held on August 31, 2024, endorsing the recommendations of the Unfair Means Committee (UFM) in line with the competent authority’s decision.

Justice Jahangiri also objected to Chief Justice Dogar’s presence on the bench, citing a conflict of interest on the grounds that he had previously filed a petition against the IHC chief justice. He expressed a lack of confidence in the bench and requested that the case be assigned to a different one.

However, the IHC rejected both the objection and the expression of no confidence, noting that Justice Jahangiri’s petition against Chief Justice Dogar had already been dismissed by the Federal Constitutional Court (FCC).

The court further relied on the Supreme Court’s judgment in Asif Ali Zardari vs The State, which held that a judge is the guardian of his own conscience and has the discretion to decide whether to hear a matter.