The SC on Tuesday nullified the Islamabad High Court’s September 16 order that had barred Justice Tariq Mahmood Jahangiri from performing judicial duties.
A five-member constitutional bench, led by Justice Aminuddin Khan, declared the IHC decision null and void. The bench also included Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, and Justice Shahid Bilal Hassan.
The hearing was based on a petition filed by Justice Jahangiri himself. He approached the SC after the IHC’s division bench had issued the order restraining him from work. Attorney General Mansoor Usman Awan told the court, “No judge can be restrained from judicial work by an interim order.”
Respondent Mian Dawood, who filed the original IHC petition, agreed, stating that “an order stopping a judge from his duties cannot be defended.”
The SC bench noted that the petition against Justice Jahangiri initially faced objections from the Supreme Court Registrar’s Office. The apex court directed that these objections must be resolved by the IHC before proceeding with the writ petition.
The case traces back to July 2023, when allegations emerged regarding Justice Jahangiri’s law degree. Earlier this year, a petition challenged his appointment after a letter, allegedly from Karachi University’s Controller of Examinations, questioned his credentials.
On September 16, the IHC division bench had restricted Justice Jahangiri from performing judicial duties. Three days later, on September 19, he personally appeared before the SC, seeking to have the IHC order nullified and further proceedings halted.
In a related development, the Sindh High Court recently dismissed seven petitions challenging the cancellation of Justice Jahangiri’s degree due to non-compliance.
The SC’s decision reinforces the principle that interim orders cannot arbitrarily restrict judges from performing their judicial responsibilities.
In other related news also read SC to Take Up Petitions Challenging 26th Amendment on Oct 7
