Sunday, June 20, 2010

Islamabad High Court

History

Islamabad High Court located in Islamabad the capital of Pakistan was established under a presidential order on December 14, 2007. However its creation was delayed because of the stay order issued by the Lahore High Court after its establishment was challenged there. But Supreme Court of Pakistan later decided in favor of its establishment. Federal High Court is presumed to start functioning in February 2008.[1] President Pervez Musharraf administered oath to the first chief Justice of Islamabad High Court Justice Sardar Mohammad Aslam, on February 7, 2008.[2]

On July 31, 2009 while hearing Constitution Petition No. 09 and 08 Of 2009, the supreme court of Pakistan struck down the order of establishment of the Islamabad High Court and reverted the judicial system of Pakistan to status of November 2, 2007. All the judges who were part of judiciary on November 2, 2007, were ordered to return to original courts. All judges who were not part of judiciary, were ordered to cease acting as judges. The employees etc. of the court were ordered back to their original positions or to federal surplus pool.[3]

Re-establised

In 18th Constitutional amendment,Islamabad High Court is re-established.

Justices of Islamabad High Court

Islamabad High Court was headed by a Chief Justice. The bench consist of Justices and additional judges. The retirement age of Chief Justice and Justices was 62 years. The Additional Judges were initially appointed for one year. After that their services could either be extended or they could be confirmed or they were retired.

Composition of Court (before dissolution by the order of Supreme Court of Pakistan)

As on July 30, 2009, the composition of the High Court of Islamabad was as follow:.

NameOfficeAppointedRetirement DateAppointed ByAppointed FromComments
M. Bilal KhanChief JusticeMarch 8, 2009July 31, 2009Asif Ali ZardariJustice Lahore High CourtTook PCO 2007 oath as sitting Justice of Lahore High Court on November 3, 2007. As result of judgment in case "Constitution Petition No. 08 of 2009", Islamabad High Court was held to be unconstitutional and he was ordered back to his November 2, 2007 position (Judge Lahore High Court).[3]
Muhammad Munir PerachaJusticeFebruary 15, 2008July 31, 2009Pervez MusharafElevated from BarConfirmed as Justice on February 15, 2009. He would have normally retired on January 18, 2011. He ceased to hold office of judge as result of dissolution of Islamabad High Court.[3]
Syed Qalb-i-HassanJusticeFebruary 15, 2008July 31, 2009Pervez MusharafElevated from BarConfirmed as Justice on February 15, 2009. He would have normally retired on January 3, 2022, but he ceased to hold office of judge as result of dissolution of Islamabad High Court.[3]
Syed Raja Saeed Akram KhanJusticeFebruary 15, 2008July 31, 2009Pervez MusharafElevated from Assistant Advocate General PunjabConfirmed as Justice on February 15, 2009. He would have normally retired on October 3, 2024, but he ceased to hold office of judge as result of dissolution of Islamabad High Court.[3]
Muhammad Arshad TabrezAdditional JudgeMarch 13, 2009July 31, 2009Asif Ali ZardariElevated from Deputy Attorney General.He would have normally retired on March 12, 2010, but he ceased to hold office of judge as result of dissolution of Islamabad High Court.[3]
Muhammad Amjad Iqbal QureshiAdditional JudgeMarch 13, 2009July 31, 2009Asif Ali ZardariElevated from Deputy Attorney General.He would have normally retired on March 12, 2010, but he ceased to hold office of judge as result of dissolution of Islamabad High Court.[3]
Muhammad Ramadan ChaudharyAdditional JudgeMarch 13, 2009July 31, 2009Asif Ali ZardariElevated from Bar.He would have normally retired on March 12, 2010, but he ceased to hold office of judge as result of dissolution of Islamabad High Court.[3]
Syed Intikhab Hussain ShahAdditional JudgeMarch 13, 2009July 31, 2009Asif Ali ZardariElevated from Deputy Attorney General.He would have normally retired on March 12, 2010, but he ceased to hold office of judge as result of dissolution of Islamabad High Court.[3]

Order of Establishment

The order of Establishment promulgated by President of Pakistan contains 19 clauses which are as under:

Short title and commencement

  1. This Order may be called the Islamabad High Court (Establishment) Order, 2007.
  2. It shall come into force at once.

[edit]Definitions

In this Act, unless there is anything repugnant in the subject or context,-

  1. appointed date means the date to be appointed by the president for the purposes of this order;
  2. Chief Justice means the chief justice of the Islamabad High Court and includes the judge for the time being acting as chief justice of the said court;
  3. Constitution means the Constitution of the Islamic Republic of Pakistan;
  4. Islamabad High Court means the High Court for the Islamabad Capital Territory established under Article 3 and the word High Court wherever occurring in the constitution shall include Islamabad High Court; and
  5. Judge means a judge of the High Court and includes the chief justice and a person who is an additional judge of that court.

Islamabad High Court

  1. As soon as may be after the commencement of this Order, there shall be established a high court for the Islamabad Capital Territory to be known as Islamabad High Court which shall start functioning with effect from the appointed date.
  2. The principal seat of Islamabad High Court shall be at Islamabad.
  3. The high court shall comprise of a chief justice and such number of judges as may be fixed by the president from time to time.
  4. The President may issue such further orders as he may deem fit in respect of the Islamabad High Court.

Appointment of Judges

As soon as may be after the commencement of this order, the president shall, subject to the constitution, appoint the chief justice and as many other judges of the Islamabad High Court as he thinks fit.

Jurisdiction

The Islamabad High Court shall have, in respect of the Islamabad Capital Territory, original, appellate and other jurisdiction, as under the Constitution or the laws in force immediately before the commencement of this Order, is exercisable in respect of the said territory by the Lahore High Court:

Provided that the Islamabad High Court will have original jurisdiction over the suits the amount or value of subject-matter of which is twenty-five hundred thousand rupees or more.


Powers of Chief Justice and other Judges

Any law in force immediately before the appointed date relating to the powers of the chief justice and of single judges and benches of the Lahore High Court, and with respect to all matters ancillary to the exercise of those powers, shall, with the necessary modifications, apply in relation to the Islamabad High Court.

Other courts

  1. Subject to the provisions of this order and any order of the competent authority, all civil, criminal and revenue courts, and all tribunals established under any law, which were exercising jurisdiction and functions in the Islamabad Capital Territory immediately before the commencement of this order shall continue to exercise their respective jurisdiction and functions and all persons holding office in such courts or tribunals shall continue to hold their respective offices on the same terms and conditions as were applicable to them immediately before the commencement of this order, unless otherwise determined by the competent authority.
  2. Notwithstanding anything contained in any other law for the time being in force, all civil, criminal and revenue courts and all tribunals functioning in the Islamabad Capital Territory which were within the jurisdiction and under the superintendence and control of the Lahore High Court before the commencement of this order shall, as from the appointed date, fall within the jurisdiction and under the supervision and control of the Islamabad High Court.

[edit]Procedure as to appeals to Supreme Court

Any law in force immediately before the appointed date relating to appeals to the Supreme Court from the Lahore High Court in respect of cases relating to Islamabad Capital Territory shall, with the necessary modifications, apply in relation to the Islamabad High Court.

Practice and procedure

  1. All laws which are in force immediately before the commencement of this order, applicable to the Lahore High Court or any court subordinate to it with respect to practice and procedure shall mutatis mutandis apply to the Islamabad High Court.
  2. All rules or orders which are in force immediately before the commencement of this order, with respect to practice and procedure in the Lahore High Court or any court subordinate to it, shall until varied or revoked by rules or orders made by the Islamabad High Court apply with necessary modifications in relation to practice and procedure in the Islamabad High Court or any court subordinate to it as if they were made by the Islamabad High Court.

[edit]Transfer of proceedings

All appeals, petitions or other proceedings pending in the Lahore High Court in relation to the Islamabad Capital Territory immediately before the appointed date shall stand transferred to the Islamabad High Court.

Explanation.- For the purposes of this article and Article 11 or any other articles of this order where subject so requires, the expression Lahore High Court includes Rawalpindi Bench of the Lahore High Court.


Enforcement of orders etc of Lahore High Court

  1. Subject to the provisions of clause (2), any order or decision made by the Lahore High Court before the appointed date in relation to Islamabad Capital Territory shall for all purposes be as effective as if made by the Islamabad High Court.
  2. Where any such order or decision as is mentioned in clause (1) has, whether before or after the appointed date, been confirmed, varied or reversed on appeal, review or revision, effect shall be given to the order or decision of the appellate court or that of the Lahore High Court as if the order appealed from was an order of the Islamabad High Court.

[edit]Right to appear or to act in proceedings transferred to the Islamabad High Court

Any person who, immediately before the commencement of this order, is an advocate entitled to practice or an attorney entitled to act, in the Lahore High Court and was authorised to appear or to act in any proceedings transferred from the Lahore High Court to the Islamabad High Court under Article 10 shall have the right to appear or to act as the case maybe, in the Islamabad High Court in relation to those proceedings.

Power to appoint officers and staff

The chief justice may appoint the officers and staff of Islamabad High Court as may be prescribed.

Expenditure charge upon Federal Consolidated Fund

The expenditure in relation to the judges of the Islamabad High Court shall be charged upon the Federal Consolidated Fund.

Removal of difficulties

If any difficulty arises in giving effect to any provision of this order, the president may, by order, make such provisions as appear to him to be necessary or expedient for the removal of the difficulty.

Power to adapt laws

For the purpose of facilitating the application of any law in relation to the Islamabad Capital Territory, the federal government may, before the expiration of two years from the appointed date by Order make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient to give effect to the provisions of this Order and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority.






























































Amendment of Code of Criminal Procedure

In the Code of Criminal Procedure, 1898 (Act V of 1898), in section 4, in clause (j), after the word Province the words "and the Islamabad Capital Territory" shall be added.

Amendment of P.O No 1 of 1970

In the Province of West Pakistan (Dissolution) Order, 1970 (PO 1 of 1970), in Article 14, clause (2) shall be omitted.

Amendment of PO No 8 of 1970

In the High Courts (Establishment) Order, 1970 (PO No 8 of 1970), in Article 3, in clause (1), in paragraph (b), the words "and the Islamabad Capital Territory" shall be omitted.

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posted by Saba @ 8:41 AM