The Islamabad High Court has released a detailed 116-page judgment declaring the appointment of Tariq Jahangiri as a judge null and void.
The verdict, authored by Justice Azam Khan, ruled that judicial independence does not place judges above accountability or render them immune from scrutiny.
The court held that a judge who lacks competence, ability, or has secured appointment through fraud is not entitled to remain in office. It observed that such removal is necessary to preserve the integrity and independence of the judiciary.
“Accountability does not weaken institutions; it strengthens them,” the judgment stated, adding that without an independent, competent and trustworthy judiciary, the right of access to justice becomes meaningless.
The court emphasised that courts are established for the benefit of society, not for the convenience of judges, and warned that illegal appointments weaken the entire judicial structure and erode public trust in the system.
The detailed decision underscored that transparent appointment of judges is an essential safeguard for protecting the fundamental right to justice. It further ruled that administrative approval or subsequent confirmation cannot substitute for meeting the basic legal qualifications required for judicial office.
The court observed that a lawyer’s licence cannot cure deficiencies in foundational academic qualifications and held that in the absence of a valid and lawful LLB degree, an appointment is invalid from the outset. It added that an unlawful appointment cannot be legitimised through later administrative actions.
Declaring that only a legally qualified individual may hold judicial office, the court concluded that Tariq Jahangiri’s appointment as a judge stands void ab initio.