Saturday, November 16, 2024 09:46 PM
SHC rules Karachi University’s cancellation of Justice Jahangiri’s law degree as null and void, highlighting due process violations.
The recent ruling by the Sindh High Court (SHC) has brought significant attention to the legal and educational landscape in Pakistan. On Thursday, the SHC declared the cancellation of Justice Tariq Mehmood Jahangiri’s law degree by Karachi University (KU) as "null and void." This decision stems from a controversial meeting held by KU’s syndicate, during which the judge was not present, raising serious questions about the fairness of the process.
Justice Jahangiri, who serves on the Islamabad High Court (IHC), found himself at the center of a storm when a letter circulated on social media, allegedly from KU’s controller of examinations, questioning the legitimacy of his law degree. The situation escalated in July when KU’s syndicate officially revoked his degree and enrollment, which he had obtained in 1991. This decision came shortly after the detention of Dr. Riaz Ahmed, a member of the syndicate, who was reportedly taken by police to prevent him from attending the crucial meeting where the degree was cancelled.
The SHC's ruling highlighted a critical aspect of legal rights in Pakistan, specifically the right to a fair trial as enshrined in Article 10-A of the Constitution. The court noted that Justice Jahangiri was not given an opportunity to defend himself, stating, "Unfortunately, no opportunity of hearing was extended to Mr. Justice Tariq Mahmood Jahangiri and the manner so adopted appears to be highly objectionable, illegal … and without lawful authority." This ruling underscores the importance of due process in legal proceedings, especially when it involves individuals in high positions.
In the petition filed with the SHC, it was argued that Justice Jahangiri was "singularly targeted" with malicious intent, aiming to tarnish his reputation. The petition also pointed out that he was one of six judges who had previously raised concerns about interference in judicial matters by intelligence operatives. This context adds a layer of complexity to the case, suggesting that the cancellation of his degree may be part of a larger scheme to undermine judicial independence.
The court's decision to suspend KU's actions was not just a victory for Justice Jahangiri but also a reaffirmation of the legal principles that protect individuals from arbitrary decisions. The SHC emphasized that the degree was cancelled "without hearing and by violating the basic settled principle of law," which is a fundamental tenet of justice. The court ordered KU to refrain from taking any further actions based on the cancelled degree until the next hearing, ensuring that Justice Jahangiri's rights are protected.
As the case unfolds, it raises important questions about the integrity of educational institutions and their processes in Pakistan. The legal community and the public are watching closely, as this case could set a precedent for how similar situations are handled in the future. It serves as a reminder that the rule of law must prevail, and that every individual, regardless of their position, deserves a fair chance to defend themselves against accusations.
The SHC's ruling not only reinstates Justice Jahangiri's law degree but also reinforces the critical importance of due process in Pakistan's legal system. As citizens, it is essential to remain vigilant about the rights afforded to us under the law, ensuring that justice is not only done but is seen to be done. The outcome of this case could have lasting implications for the relationship between educational institutions and the judiciary, highlighting the need for transparency and accountability in all legal matters.