KARACHI: The Sindh High Court (SHC) on Tuesday restrained the Federal Investigation Agency (FIA) from initiating any inquiry or investigation against Justice Tariq Mehmood Jahangiri of the Islamabad High Court.
The SHC also directed the Pakistan Electronic Media Regulatory Authority (Pemra) to ensure that there would be no publication in print and electronic media on the basis of a decision of the Unfair Means Committee of Karachi University (KU) about cancellation of the law degree of Justice Jahangiri.
A two-judge bench, comprising Justice Salahuddin Panhwar and Justice Amjad Ali Sahito, issued notices to the respondents as well as federal and provincial law officers for next hearing.
The Karachi Bar Association (KBA), through its president Amir Nawaz, filed a fresh petition on the subject matter and besides KU’s officials and Higher Education Commission of Pakistan and others, the petitioner also cited the FIA director general as respondent.
SHC asks Pemra to ensure that electronic and print media not take news related to KU’s decision to cancel judge’s law degree
Representing the KBA, Ibrahim Saifuddin and Tahir Mehmood argued that the meeting of KU’s UFM committee was held on Aug 17, whereby Justice Jahangiri was singularly targeted only to tarnish his reputation and after the decision of the committee, a media campaign was started against the judge.
They also submitted that the FIA had initiated an alleged inquiry on the subject matter on the complaint of one Shahzad Gondal and such inquiry report had been disseminated through electric and print media.
The counsel submitted that journalist Gharida Farooqui, who is also cited as one of the respondents, had uploaded the inquiry report on her X (formerly Twitter) account “apparently in an attempt to defame and undermine the reputation of the judge without adhering to the due process of law”.
They also submitted that the SHC had already suspended the decision of KU in some other identical petitions, but despite the court order, FIA officials had initiated an inquiry against their lawful mandate as action of the FIA was based on mala fide only to defame the reputation of Justice Jahangiri.
The counsel also said that if those actions, which were hanging like the sword of Damocles upon the judiciary, were not stopped then the independence of the judiciary would blow up.
After a preliminary hearing, the bench in its order said the arguments carried substantial weightage and, therefore issued notices to the respondents as well as the deputy attorney general and advocate general Sindh.
“Meanwhile, respondent No.7/FIA officials are hereby restrained to initiate any inquiry/investigation not only in the subject matter but also if any complaint is filed thereafter by any other person. Respondent No.9/Pemra is also directed to ensure that on the basis of decision of Unfair Means Committee, there shall be no publication in print as well as electric media,” it concluded.
The bench also asked its office to club the instant petition with other identical ones together for a joint hearing.
Last week, the same bench had suspended the decisions of the committee and syndicate of the KU and also restrained the varsity from taking any coercive measures based on these decisions till the next hearing.
Published in Dawn, September 11th, 2024
