ISLAMABAD - Chief Justice of Islamabad High Court (IHC) Justice Athar Minallah Monday dismissed additional district and sessions judge Jahangir Awan from the service on the charges of ‘misconduct.’
The IHC Chief Justice removed him from the service for the alleged involvement of Awan in acts and omissions which amounted to conduct unbecoming of a person holding the office of a judge and a gentleman.
Justice Athar noted in his order that a judge is a custodian of the rights of the people and owes a duty to maintain rule of law in the society. The use of a firearm weapon by a judge in a public place is unthinkable and such conduct is not expected by the society. The expectation from a judge is far more than an ordinary citizen.
He stated that the answering Judge (Jahangir) could not discharge the onus and chose not to do so by entering into a compromise with the accused who had displayed shockingly despicable conduct.
The IHC CJ added that Awan had willingly condoned acts that were unacceptable in a society governed under the law and he ignored the fact that even while driving on the Constitutional Avenue or parked at the Station he was a representative of the institution and not an ordinary individual. “The aforementioned conduct of the Answering Judge was not in conformity with the high standards of probity and propriety expected from a judicial officer even when not discharging official functions or presiding over the court.
The conduct had profound consequences in the context of confidence of the people in the judicial system,” said Justice Athar.
He added, “The conduct was definitely unbecoming of a judicial officer and a gentleman and consequently amounting to ‘misconduct’ defined under clause (e) of Rule 2 of the Punjab Civil Servants (Efficiency & Discipline) Rules, 1999. 9. I, therefore, as an Authority am satisfied that the misconduct on the part of Answering Judge stands established and consequently in exercise of powers conferred upon me under Rule 8 4(1)(b), the major penalty of “dismissal from service” provided under clause (v) ibid of the Punjab Civil Servants (Efficiency & Discipline) Rules, 1999 is hereby imposed upon Mr Muhammad Jehangir Awan, Additional District and Sessions Judge (West) Islamabad. He accordingly stands dismissed from service.”
The order mentioned that an incident report, dated 14.09.2020, was received by the IHC Registrar from the Superintendent of Police, City Zone, Islamabad. It was alleged in the report as follows, “Both parties were travelling on Constitution Avenue (south-bound) during which they had an altercation during overtaking. Khurram Pervez travelling in white Land Cruiser number KA-004 reportedly honked horns which offended Jahangir Awan who was travelling in White Premio number AQB-992.”
It further said that Jahangir Awan allegedly made an inappropriate gesture. Thereafter, Awan went to PSO Petrol Pump for refueling his vehicle. Khurram Pervez along with his cousin Muhammad Bilal followed him there, approached his vehicle and physically assaulted him. A scuffle started during which Awan took out his pistol and fired two shots in the air.