ISLAMABAD (Dunya News) – The Supreme Court on Monday suspended the Islamabad High Court’s (IHC) order that had barred Justice Tariq Mahmood Jahangiri from performing judicial duties over a degree-related issue.
A constitutional bench comprising Justice Jamal Khan Mandokhel, Justice Shahid Bilal and Justice Aminuddin Khan conducted hearing on pleas filed by Justice Jahangiri and others against the IHC order.
The top court also issued notices to the parties involved and allowed high court judge to resume his work.
During the hearing, Justice Mandokhail noted that he is only reviewing the interim order issued by the high court. He also pointed out that the Supreme Judicial Council is scheduled to convene on October 18.
Justice Shahid Bilal questioned how a writ petition against a sitting judge was numbered in the IHC despite objections from the Registrar’s Office. He directed counsel from both sides to appear fully prepared on this issue in the next hearing.
Justice Mandokhail reiterated that the Supreme Court has already ruled that a judge cannot be barred from judicial work through such an order.
In response to a reference by Justice Jahangiri’s lawyer Munir A. Malik, citing a recent ruling by Justice Mandokhail himself, the judge clarified that the facts of that case were different.
Islamabad Bar Council member Aleem Abbasi informed the bench that the council has filed an application to become a party in the case. In response, Justice Mandokhail inquired whether they were part of the original proceedings in the IHC, noting that the main petitioner remains Justice Jahangiri.
Lawyers representing the Islamabad Bar Council and the District Bar Association confirmed that they had also requested to join the case as parties.
Justice Aminuddin Khan clarified that the apex court has its own internal procedures, and once applications are numbered, they will be reviewed accordingly.
In his arguments, Munir A Malik stated that this is the first time in Pakistan’s judicial history that a division bench of a high court has barred its own colleague from working.
He argued that the IHC’s decision ignored established legal procedures and violated principles of justice.
He further informed the court that the writ petition filed against Justice Jahangiri on July 10, 2024, still carried unresolved objections from the Registrar’s Office, even after more than a year.
Malik also stated that key developments occurred following the filing of the writ, including judicial transfers within the IHC. He noted that five judges had challenged these transfers in the Supreme Court under Article 184(3), but the transfers were upheld. Appeals against that ruling are still pending.
He added that the bench which ordered Justice Jahangiri to cease judicial work on September 16 was headed by the same chief justice whose transfer was earlier contested.
The petition on which the decision was based still has pending objections, and the other party was not even heard, he said.
Later, the constitutional bench adjourned the hearing until tomorrow (September 30).
Earlier this month, a two-page order was released by Chief Justice of Islamabad High Court Sarfraz Dogar and Justice Azam Khan, restraining Justice Jahangiri from judicial duties in the fake degree case.
The order stated that Justice Jahangiri had been stopped from working until the decision of the Supreme Judicial Council, as the case involves sensitive questions, including matters relating to the judge’s eligibility.
The IHC noted that a complaint against Justice Jahangiri is also pending before the Supreme Judicial Council.
Karachi University revokes Justice Jahangiri's law degree
Last week, the University of Karachi officially cancelled the LLB result and degree of Islamabad High Court judge Tariq Mehmood Jahangiri, son of Qazi Muhammad Akram, following findings of academic misconduct.
The university has also withdrawn recognition of his result.
According to the notice, based on the resolution passed during the Syndicate meeting held on August 31, 2024, and recommendations of the Unfair Means Committee, Tariq Mehmood was found guilty of using unfair means during his academic pursuits. As a result, he was debarred from admission to any college or university for three years.
The circular further states that Tariq was never officially a student of Islamia Law College, Karachi, and his LLB enrollment number AIL-7124/87 has also been revoked by the Assistant Registrar. Consequently, his exam seat number 22857 and corresponding result have been nullified.
The notification was issued with the approval of the Vice Chancellor. Official intimation of the decision has been sent to Islamabad High Court registrar and Sindh High Court, Chief Secretary Sindh, Secretary of Universities and Boards, HEC Pakistan, Sindh HEC, Sindh Bar Council, the Principal Islamia Law College, and other relevant institutions.