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Supreme Court Quashes IHC Order, Restores Justice Jahangiri to the Bench

The ruling reaffirms the proper route for scrutinising a sitting judge by directing the IHC to decide threshold objections before any quo warranto proceedings.

Overview

  • A five-member constitutional bench nullified the IHC’s September 16 interim restraint and held that a judge cannot be barred from judicial work through an interim order, after which Justice Tariq Mehmood Jahangiri resumed hearings.
  • The Supreme Court instructed the Islamabad High Court to first resolve registrar and maintainability objections in the quo warranto petition before considering the case on merits.
  • Attorney General Mansoor Usman Awan endorsed the position in court, and petitioner Mian Dawood acknowledged that suspending a judge via an interim order could not be defended.
  • The University of Karachi’s September 25 cancellation of Jahangiri’s LLB and a three-year bar on admissions remains operative at the provincial level, with related challenges noted in Sindh High Court proceedings.
  • The Supreme Judicial Council is scheduled to consider the complaint on October 18, so the allegations about the judge’s credentials remain unresolved.