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Pakistan dispatch: High Court removes justice over invalid law degree in unprecedented ruling

Pakistan dispatch: High Court removes justice over invalid law degree in unprecedented ruling


Pakistan’s President Asif Ali Zardari accredited the removing of Justice Tariq Mehmood Jahangiri from the Islamabad Excessive Court docket in December 2025, following a landmark court docket ruling that concluded he didn’t maintain a legitimate legislation diploma on the time of his appointment. The unprecedented de-notification—the formal revocation of his judicial appointment—has sparked a constitutional disaster exposing tensions between judicial independence, institutional jurisdiction, and accountability mechanisms for superior court docket judges.

Justice Jahangiri’s identify and {photograph} have been faraway from the official Islamabad Excessive Court docket web site, and he was excluded from the listing of former judges—an administrative step underscoring the finality of the court docket’s determination. The removing marks one of the vital consequential judicial accountability disputes in Pakistan’s latest historical past.

The controversy originated when a petition questioned whether or not Justice Jahangiri possessed a legitimate LLB diploma on the time of his elevation to the Islamabad Excessive Court docket, a constitutional prerequisite for appointment as a superior court docket choose. The Islamabad Excessive Court docket declared the petition maintainable and directed responses from related authorities, together with the choose himself.

The College of Karachi cancelled Justice Jahangiri’s legislation diploma by way of its syndicate on grounds of alleged unfair means. Nonetheless, the Sindh Excessive Court docket intervened by suspending the college’s determination, stopping the cancellation from taking fast authorized impact. This judicial divergence created a posh authorized state of affairs by which one excessive court docket’s interim aid appeared to battle with one other excessive court docket’s substantive findings.

Regardless of the Sindh Excessive Court docket’s suspension of the college’s determination, the Islamabad Excessive Court docket concluded in its December 2025 judgment that Justice Jahangiri didn’t maintain a legitimate legislation diploma on the time of his appointment. A division bench headed by Chief Justice Sardar Muhammad Sarfraz Dogar held that his elevation to the bench was subsequently with out lawful authority. The court docket directed the federal authorities to de-notify him as a choose, successfully eradicating him from workplace.

Justice Jahangiri has challenged the ruling at a number of ranges. He filed a petition earlier than the Federal Constitutional Court docket arguing that the Islamabad Excessive Court docket lacked jurisdiction to entertain a writ petition in opposition to a excessive court docket choose. He contended that underneath Pakistan’s Structure, allegations regarding a choose’s conduct fall solely throughout the area of the Supreme Judicial Council—the constitutionally mandated physique for judicial accountability. Justice Jahangiri additionally raised objections concerning the composition of the bench that heard his case, asserting that procedural equity had been compromised.

The Supreme Court docket of Pakistan had already entered the dispute in September 2025, suspending an interim Islamabad Excessive Court docket order that had barred Justice Jahangiri from performing judicial duties. The apex court docket’s intervention highlighted issues about whether or not a excessive court docket may restrain one in all its personal judges with out invoking constitutional mechanisms such because the Supreme Judicial Council.

The authorized neighborhood’s response to Justice Jahangiri’s removing has been deeply divided. A number of bar associations criticized the Islamabad Excessive Court docket’s strategy, arguing that permitting writ petitions in opposition to judges may expose the judiciary to political strain. Some attorneys staged partial strikes, insisting that the precedent threatens judicial independence. Others defended the choice as a mandatory assertion of accountability, sustaining that no particular person can occupy judicial workplace with out assembly constitutional {qualifications}.

The case raises basic constitutional questions concerning the stability between judicial independence and accountability. Whereas independence protects judges from exterior affect, accountability ensures institutional integrity. The dispute highlights ambiguities in Pakistan’s constitutional framework concerning who has authority to find out a choose’s eligibility as soon as appointed.

The jurisdictional tensions uncovered by the case illustrate a fragmented accountability mechanism. The conflicting roles performed by the Islamabad Excessive Court docket, Sindh Excessive Court docket, Supreme Court docket, Federal Constitutional Court docket, and Supreme Judicial Council have resulted in contradictory orders, authorized uncertainty, and public confusion—outcomes that undermine confidence within the justice system.

A number of developments will form the ultimate final result. Selections by the Federal Constitutional Court docket on jurisdiction, doable proceedings earlier than the Supreme Judicial Council, and eventual adjudication by the Supreme Court docket are more likely to decide not solely Justice Jahangiri’s destiny but additionally the way forward for judicial accountability in Pakistan. Last determinations concerning the standing of his educational {qualifications} by the College of Karachi and the Greater Training Fee might carry persuasive weight.

Opinions expressed in JURIST Dispatches are solely these of our correspondents within the subject and don’t essentially mirror the views of JURIST’s editors, workers, donors or the College of Pittsburgh.



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