SC Suspends IHC Order Halting Justice Jahangiri from Judicial Duties

The Supreme Court of Pakistan on Monday suspended an Islamabad High Court (IHC) order that had restrained Justice Tariq Mehmood Jahangiri from performing his judicial functions, providing temporary relief in a controversy that has stirred debate across the judiciary.

A five-member constitutional bench headed by Justice Aminuddin Khan, and comprising Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Hasan Azhar Rizvi, and Shahid Bilal Hasan, took up the matter. After hearing arguments, the bench stayed the IHC order and issued notices to all respondents.

Justice Jahangiri appeared personally before the court, accompanied by four IHC judges — Mohsin Akhtar Kayani, Babar Sattar, Ejaz Ishaq, and Saman Rafat Imtiaz — who entered through the public entrance in a show of quiet solidarity.

Degree Cancellation Dispute

The case against Justice Jahangiri originated when the University of Karachi’s Unfair Means Committee canceled his law degree, alleging that he had not been properly enrolled at Islamia Law College and was involved in malpractice during his examinations in the 1980s. The KU Syndicate later upheld the committee’s decision. A formal complaint was subsequently lodged with the Supreme Judicial Council (SJC).

Earlier this month, in a highly unusual move, an IHC bench led by Chief Justice Sardar Muhammad Sarfraz Dogar barred Justice Jahangiri from hearing cases until the SJC reached a decision — the first time in Pakistan’s history that a high court had restrained one of its own judges from performing judicial work.

Supreme Court Proceedings

During Monday’s hearing, senior counsel Muneer A. Malik, representing Justice Jahangiri, argued that the IHC’s action was without precedent and contrary to established law. He pointed out that no judge can be suspended from duty while a complaint is pending before the SJC, citing the Malik Asad Ali case as precedent. Malik stressed that the IHC order was passed without hearing Justice Jahangiri and warned that it threatened judicial independence.

The bench also raised questions about how the petition was filed in the IHC and whether due process had been followed. Members of the bench observed that under Supreme Court precedents, restraining a sitting judge from judicial duties was not permissible in such circumstances.

After hearing both sides, the bench suspended the IHC’s order, clarifying that it was only ruling on the interim restraint and not on the underlying degree controversy. Notices were issued to the Attorney General of Pakistan, the Advocate General of Islamabad, and other concerned parties. The case will be taken up again at a later date.

Next Steps and Reactions

Separately, the Supreme Judicial Council has scheduled a hearing on October 18 to consider the complaint regarding Justice Jahangiri’s law degree.

Justice Jahangiri has described the cancellation of his degree more than three decades after it was awarded as “unprecedented in world history.” He has alleged that the move is politically motivated, pointing to his previous involvement in election tribunals and oversight of judicial conduct.

Legal experts note that the case could set far-reaching precedents. It raises critical questions about the authority of high courts to restrict sitting judges, the limits of accountability mechanisms, and whether academic records decades old can legitimately be reopened.

For now, the Supreme Court’s decision allows Justice Jahangiri to continue performing his judicial duties until further orders, while the larger battle over his qualifications and judicial independence plays out in the country’s highest forums.

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