KARACHI: A two-judge constitutional bench of the Sindh High Court (SHC) on Friday dismissed a set of pleas against the cancellation of Justice Tariq Mehmood Jahangiri`s law degree for `non-prosecution`, observing that shouting slogans against the judiciary and disrupting the court`s decorum was `highly unbecoming`.

In a related development, Karachi University issued a fresh declaration about the withdrawal and cancellation of the IHC judge`s degree.

On Thursday, heated scenes were witnessed at the SHC as the two-judge bench declinedto entertain the plea of the Islamabad High Court`s Justice Jahangiri to become a partyin proceedings on seven petitions challenging the cancellation of his law degree.

The constitutional bench comprisingJusticeMohammad Karim Khan Agha and Justice Adnanul Karim Memon, however, set aside the IHC judge`s application, insisting that it would first hear the matter to decide the maintainability of the petitions.

In its written order on Friday, the bench noted it had `given an opportunity of hearing to all the lawyers for the petitioners on the question of maintainability` of these pleas, but they `deliberately chose not to avail this opportu-nity and instead walked out of courtroom while causing a rumpus`.

It said it was for the court to regulate its own proceedings and it could not be held hostage to the `whims or wishes of the advocates as to the manner in which the petitions shall be hear`.

The order read that Justice Jahangiri, with the permission of the bench, addressed the court with dignity and patienee, but `not on the point of any petition or listed application, which, if any, were accordingly dismissed for non-prosecution as he also left courtroom despite being given an opportunity of being heard`.

On the objections raised by the counsel for the petitioners,the bench noted that if they had any reservations about the transfer of these pleas from one bench to another, the appropriate course was to approach the apex court that they failed to do.

The order further read that that it was up to a judge to decide if they wanted to rescue from a case or not based on their conscience.

The petitions filed last year by various bar associations, lawyers and a member of KU syndicate challenged the decisions of the KU`s unfair means committee and syndicate that cancelled Justice Jahangiri`s law degree.

In September last year, the SHC through an interim order suspended the KU decisions,restraining the university from taking coercive measures.

The dismissal of these petitions over non-prosecution has led to the withdrawal of the interim stay and restraining order.

The SHC in it order observed that the superior courts possessed the `inherent power to dismiss constitutional petitions for non-prosecution or default regulate proceedings 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 lack of diligence justifies dismissal. Therefore, this court is compelled to dismiss the petitions due to non-prosecution`.It noted that when the counsel representing the parties, along with other members of the bar, insisted that their objections be decided first, the court informed them that all matters would be heard and decided together.

Contempt of court The bench observed that they began shouting slogans against the judiciary, completely disrupting court`s decorum. `Such conduct is highly unbecoming and not expected from senior members of the legal profession,` it added.

`Prima facie, such conduct amounts to contempt of court.

However, by way of indulgence and by showing maximum judicial restraint, we have decided to refrain ourselves from issuing any such notices. It is expected that the concerned counsel should maintain court decorum in future.

The bench directed the SHC registrar to immediately preserve all CCTV recordings and any audio recording of Sept 25 both inside and outside of the courtroom.

KU declaration After the dismissal of the petitions, the KU issued a new declaration about the withdrawal and cancellation of Justice Jahangiri`s degree.

In a controversial decision, the KU syndicate had cancelled the judge`s law degree on the recommendation of its unfair meanscommittee. The move came shortly after the alleged detention of syndicate member Dr Riaz Ahmed by police in what appeared to be an attempt to stop him from attending the meeting as he was released in the evening after the syndicate meeting.

In a statement issued on Thursday, KU said the syndicate had cancelled the LLB degree of IHC judge as well as his enrolment after finding him guilty of unfair means.

`In compliance with the syndicate meeting held on 31.08.2024 vide resolution No.06, the LLB results and degree of Mr Tariq Mehmood s/o Qazi Muhammad Akram being seat No. 22857 and enrolment No. AIL -7124/87 is hereby withdrawn and cancelled,` it added.

It said that the fresh declaration was issued with KU vice chancellor`s approval.