SC declares IHC order barring Justice Jahangiri from work null and void

ISLAMABAD: The Supreme Court on Tuesday declared null and void the Islamabad High Court’s (IHC) September 16 order that had restrained Justice Tariq Mahmood Jahangiri from performing judicial duty. The apex court had already suspended the IHC order a day earlier.

A five-member constitutional bench, headed by Justice Aminuddin Khan and comprising Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi and Justice Shahid Bilal Hassan, heard Justice Jahangiri’s petition.

During Monday’s proceedings, the court had issued notices to Attorney General for Pakistan Mansoor Usman Awan and Advocate General Islamabad to appear in person.

The attorney general appeared before the bench and said, “No judge can be restrained from judicial work through an interim order.”

Justice Aminuddin Khan then sought the opinion of respondent Mian Daud, who replied, “I share the same view; no judge can be stopped from judicial work.”

He said that an order preventing a judge from performing judicial duty could not be defended.

The constitutional bench noted that objections raised by the Supreme Court registrar’s office were still pending on the petition filed in the IHC against Justice Jahangiri, directing the high court to first decide on those objections.

It is pertinent to mention that a complaint regarding Justice Jahangiri’s alleged fake degree was filed before the Supreme Judicial Council in July 2023, while a petition challenging his appointment was moved in the IHC earlier this year.

The matter stems from a letter that surfaced on social media last year, purportedly from Karachi University’s controller of examinations, regarding the judge’s law degree.

On September 16, an IHC division bench comprising Chief Justice Sardar Sarfraz Dogar and Justice Muhammad Azam Khan had issued a written order on a plea filed by Advocate Mian Daud, restraining Justice Jahangiri from judicial work.

On September 19, Justice Jahangiri personally appeared before the Supreme Court to challenge the IHC order, requesting that it be set aside and suspended, and that the division bench be barred from further proceedings.

Separately, the Sindh High Court last week dismissed seven petitions against the cancellation of Justice Jahangiri’s degree on grounds of non-prosecution.