Justice Jehangiri pleads SC to fix his plea for early hearing

ISLAMABAD: Justice Tariq Mahmood Jehangiri, a judge of the Islamabad High Court (IHC) currently restrained from his duties, on Tuesday requested the Supreme Court to fix his plea for an early hearing. The plea challenges the order passed by the high court restraining him from performing his judicial functions.

Justice Jehangiri filed an application requesting the apex court to fix his CPLA (Civil Petition for Leave to Appeal) for any date this week, i.e., from September 22, 2025, to September 26, 2025.

He submitted that the CPLA was filed against the IHC order dated 16.09.2025, passed by a Division Bench, which admitted for hearing a petition challenging his qualifications.

He further submitted that the order has also restrained him from performing his judicial functions.

Justice Jehangiri, while giving grounds for urgency, submitted that he has been restrained from performing his judicial functions and hence cannot dispense justice, despite the settled position in law that such a restraining order cannot be passed to stop a high court judge from performing his functions. Hence, he contended that urgent adjudication of his CPLA is required.

He further contended that the case concerns important questions of law relating to the functioning of a judge of the high court and the independence of the judiciary, which are of grave concern to any jurisdiction. Hence, he said urgent intervention of the apex court is required.

Similarly, Justice Jehangiri contended that the IHC order opens the floodgates to litigation where any pending reference/ complaint/ petition against any judge can permit a high court to prevent him from performing his function.

“Hence, urgent intervention of this court is required to correct course and prevent such actions from straitjacketing the performance of judges of the high court,” he submitted.

He further submitted that the order was passed without considering the bona fides of Respondent No. 1 (the petitioner in WP 3670/2025, which led to the impugned order).

“In the absence of such bona fide, Respondent No 1’s petition is not even maintainable,” Justice Jehangiri submitted, adding that this determination must be made at the onset to close the door to any such mala fide litigation initiated against constitutional functionaries.

He prayed the apex court that his CPLA be fixed for any date this week, i.e., from September 22, 2025, to September 26, 2025.