ISLAMABAD (Rizwan Qazi) - The Islamabad High Court (IHC) has issued a detailed judgment declaring the appointment of Justice Tariq Mahmood Jahangiri as unlawful and unconstitutional.
The 116-page verdict was authored by Chief Justice Sardar Sarfraz Dogar and Justice Muhammad Azam Khan. The ruling states that Justice Tariq Mahmood Jahangiri shall be deemed removed from his position as a high court judge with immediate effect.
According to the judgment, at the time of his appointment, Tariq Mahmood did not possess a valid and recognized law degree. The court observed that without an accredited law degree, no individual is eligible for enrollment as an advocate.
The verdict further noted that since he was not eligible to practice as a lawyer, he also failed to meet the fundamental constitutional requirement for appointment as a high court judge. University records reportedly revealed that Tariq Mahmood appeared in examinations under two different enrollment numbers and names.
The detailed decision emphasized that courts are established for the benefit of society, not for the convenience of judges. It stated that an unlawful appointment weakens the entire judicial structure and that transparent judicial appointments are essential to safeguarding the fundamental right to justice.
The court observed that enforcing constitutional standards within the judiciary protects judicial independence, adding that independence does not mean immunity from accountability. It held that any deficiency in eligibility or evidence of fraud disqualifies a judge from holding office and warrants immediate removal.
The judgment stated that such removal is necessary to preserve judicial independence and that accountability strengthens, rather than weakens, institutions. It concluded that administrative approval or subsequent ratification cannot substitute for basic eligibility, and a defective appointment cannot be cured by later administrative actions.