Islamabad High Court Judge Justice Tariq Mehmood Jahangiri has filed an appeal in the Supreme Court on Friday challenging the decision of the Chief Justice of Islamabad High Court to stop him from performing his duties as a judge, in which the Chief Justice of Islamabad High Court, the Registrar and the Federation have been made parties.
On Tuesday, the divisional bench of the Islamabad High Court had issued an order barring Justice Tariq Mehmood Jahangiri from serving as a judge in the alleged fake degree case. The Supreme Court had said that Justice Tariq Mahmood Jahangiri will not do judicial work until the Supreme Judicial Council decides on the issue of alleged fake degree.
On Friday, Justice Tariq Mehmood Jahangiri came to the Supreme Court with a card from the gate of Silen, along with other judges also reached the Supreme Court. Other judges included Justice Mohsin Akhtar Kayani, Justice Babar Sattar, Justice Thaman Rifat and Justice Sardar Ejaz Ishaq.
According to information, appeals were filed individually by five judges of Islamabad High Court.
Speaking to the media, Justice Mohsin Akhtar Kayani said, “According to the recent rules, we cannot become parties to one application, so we are filing separate appeals.”
Islamabad High Court Justice Tariq Mahmood Jahangiri (Islamabad High Court Website)
Text of applications
In the applications filed by the judges, it is said that this application is a last resort. As impartial umpires appointed to deliver justice to citizens, judges are not tasked with adjudicating cases, but these are rare situations and there is a big question mark as to whether we are living under the rule of law or the rule of men. That is why this petition has been filed in the Supreme Court so that as members of the judiciary and as citizens of Pakistan, some straightforward answers can be obtained.
The petition urged that ‘it be declared that a judge of the High Court can be restrained from performing his judicial duties only under Article 209 of the Constitution and filing of a writ of quo warranto for the removal of a judge is not maintainable under Article 199(1) read with Article 209(7) of the Constitution.
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“Further, the High Court cannot hear an appeal against the interim orders of a Single Bench under Article 199 of the Constitution nor can it exercise control over the proceedings of the Single Bench as if it were a subordinate court or tribunal.”
The petition further stated that ‘the petitioner judges are not raising these questions to impugn themselves or their institution but to understand how they can discharge their duty under Article 5 of the Constitution which requires obedience to the Constitution and the law. At the same time, they are bound by their oath according to which they will protect, protect and defend the Constitution and will do justice to everyone without fear, without discrimination, without bias and without violence according to the law.
The High Court judges have also made the letters written by six judges to the Supreme Court last year a part of the petition.
These five judges will pursue their petitions in their personal capacity in the Supreme Court. The petitions have raised legal questions of overstepping the powers of the Chief Justice of the Islamabad High Court, setting up benches at will, disregarding the High Court Rules, awarding discretionary judges and discriminating against other judges.
The Islamabad Bar and lawyers also called for a protest against the suspension of Justice Tariq Mahmood Jahangiri, while the Chief Justice of Islamabad Court also hinted to file a reference against Justice Sardar Muhammad Sarfraz Dogar.
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