ISLAMABAD: The Supreme Court (SC) on Monday suspended the operation of order of the Islamabad High Court (IHC), which had restrained its judge Justice Tariq Mahmood Jahangiri from performing judicial duties, and issued notices to the attorney general for Pakistan (AGP) and Advocate General Islamabad.
A five-member Constitutional Bench, headed by Justice Aminuddin Khan, heard the appeal of IHC judge Justice Jahangiri against the order, passed by the high court restraining him from judicial work in a case pertaining to his law degree, allegedly being fake.
Other members of the bench included Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi and Justice Shahid Bilal Hassan.
The court suspended the operation of order of Islamabad High Court (IHC) issued on Sept 16 and issued notices to AGP as well as Advocate General Islamabad Capital Territory (ICT) for Tuesday (today) at 9:30am.
“We have heard Munir A Malik, counsel for the petitioner, who has relied upon judgment of this court reported as ‘Malik Asad Ali and others versus Federation of Pakistan through secretary, Law, Justice and Parliament Affairs, Islamabad, and others” (PLD 1998 Supreme Court 161)”, says a short order of the court.
The court noted down in its order that the counsel for the petitioner argued that writ of quo warranto was maintainable against a judge of superior court but no interim order can be passed.
“States that he has challenged interim order passed by the high court; therefore, we issue notice to the respondents. Respondent No. 1 is present in court. waives notice,” says the short order.
The court further noted in its order that as the matter relates to interpretation of the provisions of Constitution, therefore, notice is issued to the AGP and Advocate General ICT Islamabad under Order XXVII-A of the CPC.
Or behalf of Federation, the additional attorney general is available. Also waives notice. Office to issue notice to the other unserved respondents for Tuesday i.e. Sept 30, 2025 at 9:30am. “In the meanwhile, operation of the impugned order is suspended,” the short order concluded.
On Sept 16, a two-member IHC bench comprising Chief Justice Sardar Muhammad Sarfaraz Dogar and Justice Azam Khan had barred Justice Jahangiri from exercising judicial powers until the Supreme Judicial Council (SJC) decided a complaint pending against him. The order was issued on a petition filed under Article 199 of the Constitution by Mian Muhammad Dawood.
Justice Jahangiri, supported by four other IHC judges — Justice Mohsin Akhtar Kiyani, Justice Babar Sattar, Justice Saman Riffat Imtiaz, and Justice Sardar Ejaz Ishaq Khan — challenged the ruling in the SC. During the hearing, Justice Jamal Khan Mandokhail observed that the case before the apex court was limited to the interim IHC order, while also noting that an SJC meeting has been scheduled for October 18.
Justice Shahid Bilal raised questions over how the IHC petition was numbered despite objections from the Registrar’s Office. Counsel for Justice Jahangiri argued that for the first time in Pakistan’s history, a high court bench had barred its own judge from judicial work. He maintained that the IHC order ignored established legal principles and failed to meet the requirements of justice, adding that objections to the petition remain unresolved even after 16 months. The court also heard that both the Islamabad Bar Council and District Bar Association have applied to become parties to the case.
