SC nullifies IHC order barring Justice Jahangiri from performing judicial duties
Pakistan
Court says a judge cannot be barred from judicial work through an interim order
ISLAMABAD (Dunya News) – The Supreme Court (SC) on Tuesday annulled the Islamabad High Court's (IHC) decision that had barred Justice Tariq Mehmood Jahangiri from performing judicial duties.
The apex court accepted Justice Jahangiri’s appeal, stating clearly that a judge cannot be barred from judicial work through an interim order.
During the hearing, Attorney General Mansoor Usman Awan argued that there was no legal justification for stopping a judge from working via an interim order. Petitioner Mian Dawood also agreed, stating that he had come to the conclusion that such an order could not be defended.
Justice Aminuddin Khan directly asked Mian Dawood for his opinion, to which he responded that a judge cannot be suspended under an interim order.
Former Attorney General Munir A. Malik also clarified that his statement from the previous hearing had been misrepresented.
In its written order, the SC noted that, based on arguments by the AG and the parties involved, a judge cannot be barred by an interim ruling, and emphasized that the IHC must first decide on preliminary objections before hearing the quo warranto petition.
The court ruled that the IHC’s order preventing Justice Jahangiri from working is nullified, and his appeal is accepted.