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Justice Tariq Mehmood Jahangiri returns to bench after high court revises duty roster
• SHC to hear judge’s plea against cancellation of law degree today

The Supreme Court’s Constitutional Bench (CB) on Monday suspended an Islamabad High Court (IHC) order restraining Justice Tariq Mahmood Jahangiri from performing his judicial functions.

Following the decision, the IHC revised its duty roster and restored Justice Jahangiri to judicial work.

Before adjourning further proceedings until today (Tuesday), Justice Shahid Bilal Hassan, a member of the five-judge CB, asked counsel on both sides to assist the court on how the IHC took up the matter without first deciding the objections raised by the court office when the petition was filed.


The bench, headed by Justice Aminuddin Khan and comprising Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi and Shahid Bilal Hassan, was hearing an appeal filed by Justice Jahangiri of the IHC, challenging the Sept 16 restraining order.

A two-judge division bench, headed by Chief Justice Sardar Mohammad Sarfraz Dogar and comprising Justice Mohammad Azam Khan, had issued the interim order while hearing a writ petition by Advocate Mian Dawood under Article 199 of the Constitution.

The petition questioned the validity of Justice Jahangiri’s law degree from the University of Karachi and sought a writ of quo warranto, asking “by what authority” the judge holds judicial office.

Monday’s hearing in the packed Courtroom No. 4 was also attended by five IHC judges — senior puisne judge Justice Mohsin Akhtar Kayani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan and Justice Saman Raffat Imtiaz.

All entered the Supreme Court premises as ordinary litigants through the general reception area rather than using the entry reserved for judges and lawyers.

The five IHC judges have already filed petitions challenging the administrative powers being exercised by the IHC chief justice, alleging that such powers have been used to undermine the judicial authority of high court judges.

During the proceedings, Justice Mandokhail recalled that the Supreme Judicial Council (SJC) is scheduled to meet on Oct 18 to hear several complaints against superior court judges.

The CB made it clear that it would only examine the Sept 16 restraining order and not the main petition questioning Justice Jahangiri’s degree.

The order was suspended after the bench consulted among themselves after senior counsel Munir A. Malik, appearing for Justice Jahangiri, argued that allowing the IHC order to stand would send a damaging signal against the judiciary.

The original petitioner in the IHC, Mian Dawood, and Additional Attorney General Chaudhry Amir Rehman waived notices when the CB issued them.

When Munir Malik requested the suspension of the IHC’s unilateral order, Justice Aminuddin Khan remarked that the CB would not repeat the same mistake.

The counsel, however, insisted that the principle of comity required that the Sept 16 order be suspended.

After a brief consultation among themselves, the judges suspended the order and adjourned the hearing until Tuesday