Islamabad: The Supreme Court of Pakistan (SC) on Monday suspended the Islamabad High Court’s (IHC) interim order that had barred Justice Tariq Mahmood Jahangiri from performing his judicial responsibilities. The decision allows Justice Jahangiri to resume work until further proceedings are concluded.
A two-member bench of the apex court, comprising Justice Jamal Khan Mandokhel and Justice Shahid Bilal, heard the appeal filed by Justice Jahangiri against the IHC’s ruling. The Supreme Court also issued notices to all relevant parties, including the Attorney General for Pakistan, signaling that the case will undergo a comprehensive review.
Courtroom Proceedings
During the hearing, Justice Jamal Mandokhel clarified that the Supreme Court is only dealing with the matter to the extent of the IHC’s interim order. He further noted that the Supreme Judicial Council (SJC) has already scheduled a meeting on October 18, where broader issues concerning Justice Jahangiri’s case may be deliberated.
Justice Shahid Bilal expressed serious reservations over the procedural handling of the case at the IHC. He questioned how the writ petition against Justice Jahangiri was numbered and fixed for hearing despite objections raised by the Registrar’s Office. “The petition had clear official objections, yet it was processed. Lawyers from both sides came prepared for this issue, which shows they anticipated the question,” remarked Justice Bilal.
Arguments by Counsel
Senior lawyer Munir A Malik, representing Justice Jahangiri, argued that established legal precedent protects a judge from being restrained from judicial work without due process. However, Justice Mandokhel observed that “the facts of the precedent being cited were different,” emphasizing that this case must be assessed independently on its own merits.
The Supreme Court adjourned further proceedings until tomorrow, when the case will be taken up again for detailed arguments.
Background of the Case
The controversy surrounding Justice Tariq Mahmood Jahangiri escalated after questions were raised over his law degree. Last week, the Sindh High Court (SHC) dismissed seven petitions challenging the cancellation of Justice Jahangiri’s law degree by Karachi University (KU). The SHC noted that lawyers deliberately avoided arguments on the issue of maintainability, forcing the court to dismiss the cases for non-prosecution.
Earlier, the IHC had restrained Justice Jahangiri from judicial work until the SJC decided on allegations regarding his educational qualifications. In response, Justice Jahangiri approached the Supreme Court, seeking immediate suspension of the IHC’s order on constitutional and legal grounds.
The matter now rests with the Supreme Court and the SJC, both of which are set to shape the outcome of this high-profile judicial controversy in the coming weeks.