ISLAMABAD: The Supreme Court on Monday suspended an interim order of the Islamabad High Court (IHC) that had barred Justice Tariq Mahmood Jahangiri from performing judicial functions, allowing him to resume work pending further proceedings.
A two-member bench comprising Justice Jamal Khan Mandokhail and Justice Shahid Bilal heard Justice Jahangiri’s appeal against the IHC’s ruling. The apex court also issued notices to all relevant parties, including the Attorney General for Pakistan.
“We have the case up to the extent of the interim order of the Islamabad High Court,” remarked Justice Mandokhail, noting that a meeting of the Supreme Judicial Council (SJC) is scheduled for October 18 where broader questions linked to the matter may be taken up.
Justice Shahid Bilal expressed concern over the manner in which the IHC proceedings were initiated, asking: “How was the writ petition numbered despite the objections of the Registrar’s Office?” He observed that the petition against Justice Jahangiri was processed despite pending objections, adding that “lawyers from both sides came prepared for this question,” hinting at anticipation of procedural scrutiny.
Senior counsel Munir A Malik, representing Justice Jahangiri, argued that established jurisprudence prohibits restraining a sitting judge from judicial work without due process. Justice Mandokhail, however, noted that “the facts of the case being referred were different,” indicating that the court would assess this matter on its own merits.
Further proceedings were adjourned until Tuesday.
Background
Last week, the Sindh High Court (SHC) issued a written order dismissing seven petitions challenging the cancellation of Justice Jahangiri’s law degree, stating that the court could not be held “hostage” to the conduct of lawyers who declined to argue maintainability.
Earlier, the IHC had stopped Justice Jahangiri from performing judicial duties pending an SJC decision on allegations concerning his academic credentials. Justice Jahangiri subsequently approached the Supreme Court, seeking immediate relief on constitutional and legal grounds.
