SC Declares IHC Order Barring Justice Jahangiri from Judicial Work ‘Null and Void’

Islamabad – September 30, 2025 – The Supreme Court of Pakistan has declared the Islamabad High Court’s (IHC) September 16 order restraining Justice Tariq Mehmood Jahangiri from performing judicial duties as “null and void.”

• A five-member constitutional bench, headed by Justice Aminuddin Khan, ruled that a judge cannot be barred from judicial work through an interim order.
• The apex court stressed that only the Supreme Judicial Council (SJC) has the authority to take action against a sitting judge.
• Attorney General of Pakistan Mansoor Usman Awan also agreed that such interim restraining orders cannot apply to judges.

Court Proceedings

• The bench — comprising Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Hassan Azhar Rizvi, and Shahid Bilal Hassan — resumed the hearing on Justice Jahangiri’s plea challenging the IHC’s order.
• The petitioner in the original case, Mian Daud, also stated that “a judge cannot be stopped from judicial work” through such an order.
• The court clarified it was only addressing the restraining order, not the broader controversy over Justice Jahangiri’s law degree.

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Key Observations

• Justice Mandokhail observed: “A judge may only be removed by the SJC.”
• Justice Mazhar added: “The only question before us is whether a judge can be prevented from working through an interim order.”
• The bench emphasized that both Supreme Court and High Court judges are not public office holders in the conventional sense, and their removal procedures are strictly constitutional.

Background

• The case stems from a controversy surrounding Justice Jahangiri’s LLB degree from Karachi University, which was declared “invalid” by the university syndicate in 2024.
• On September 16, the IHC had barred Justice Jahangiri from judicial work pending SJC proceedings — a decision now struck down by the Supreme Court.
• The Sindh High Court is separately hearing Justice Jahangiri’s challenge to Karachi University’s decision to cancel his degree.

Why It Matters

This ruling by the Supreme Court reinforces the constitutional principle that judicial independence cannot be curtailed by interim orders of high courts. Disciplinary proceedings against judges remain the exclusive jurisdiction of the Supreme Judicial Council.

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