The Supreme Court on Tuesday set aside the Islamabad High Court’s (IHC) September 16 order that had restrained Justice Tariq Mahmood Jahangiri from performing judicial work.

A five-member constitutional bench, headed by Justice Aminuddin Khan, declared the IHC decision null and void.

Court proceedings

The bench also comprised Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi and Justice Shahid Bilal Hassan. The judges heard the petition filed by Justice Jahangiri himself, who had earlier approached the apex court against the IHC order.

During the proceedings, Attorney General of Pakistan Mansoor Usman Awan told the court that “no judge can be restrained from judicial work by an interim order.”

Respondent Mian Dawood Advocate, who had filed the IHC petition, also agreed, saying, “an order stopping a judge from his duties cannot be defended.”

The bench noted that the petition against Justice Jahangiri had initially faced objections from the Supreme Court Registrar’s Office. It directed the IHC to first decide on those objections before moving ahead with the writ petition.

Background of case

The controversy dates back to July 2023, when a complaint regarding Justice Jahangiri’s alleged fake degree was submitted to the Supreme Judicial Council. Earlier this year, a petition challenging his appointment was filed in the IHC after a letter, allegedly from Karachi University’s Controller of Examinations, surfaced on social media questioning his law degree.

On September 16, a division bench of the IHC comprising Chief Justice Sardar Sarfaraz Dogar and Justice Muhammad Azam Khan had issued a written order barring Justice Jahangiri from work, acting on Dawood’s petition.

Just three days later, on September 19, Justice Jahangiri personally appeared before the Supreme Court, seeking to have the IHC order declared void. He also requested the apex court to restrain the IHC bench from further proceedings.

Meanwhile, the Sindh High Court last week dismissed seven petitions challenging the cancellation of Justice Jahangiri’s degree on the grounds of non-compliance.