SC restores Justice Jahangiri, suspends IHC order

ISLAMABAD: The Supreme Court of Pakistan (SC) on Monday suspended an interim order issued by the Islamabad High Court (IHC) that had restrained Justice Tariq Mahmood Jahangiri from performing judicial duties.

The top court has now allowed Justice Jahangiri to resume work, pending further proceedings. A bench comprising senior judges, including Justice Jamal Khan Mandokhel and Justice Shahid Bilal, heard the appeal filed by Justice Jahangiri against the IHC’s interim ruling. During the hearing, the Supreme Court also issued notices to all relevant parties, including the Attorney General for Pakistan.

Also read: Degree Vs decree: IHC suspends Justice Jahangiri from judicial duties

“We have the case up to the extent of the interim order of the Islamabad High Court,” remarked Justice Jamal Mandokhail. He also noted that a meeting of the Supreme Judicial Council (SJC) has been scheduled for October 18, where the broader issues related to the matter may be addressed.

Justice Shahid Bilal raised concerns over procedural lapses at the IHC, questioning, “How was the writ petition numbered despite the objections of the Registrar’s Office?” He noted that the petition filed against Justice Jahangiri had faced official objections, yet it was somehow processed for hearing. “Lawyers from both sides came prepared for this question,” he added, suggesting anticipation of procedural scrutiny.

Senior lawyer Munir A Malik, representing Justice Jahangiri, argued that established legal precedent holds that a judge cannot be barred from performing judicial work without due process. However, Justice Mandokhail observed, “The facts of the case being referred were different,” indicating the need to assess this case on its specific merits.

The Supreme Court has adjourned further proceedings on the matter until tomorrow, when arguments will resume.

Last week, the Sindh High Court (SHC) had issued a written order a day after hearing of seven petitions challenging the cancellation of Justice Tariq Mahmood Jahangiri’s law degree. The order stated that the court cannot be held “hostage” to the wishes of lawyers regarding how the proceedings should be conducted.

It noted that all seven petitions were dismissed for non-prosecution as the lawyers deliberately chose not to advance arguments on the question of maintainability.

Also read: SHC dismisses pleas in Justice Jahangiri’s degree case; KU cancels LLB

Before that, the IHC had suspended Justice Jahangiri from judicial work pending a decision by the SJC regarding allegations related to his educational credentials. Justice Jahangiri challenged the IHC order in the SC, calling for its immediate suspension on constitutional and legal grounds.