-
192.
Constitution of High Court.
- (1) A High Court shall consist of a Chief Justice and so many
other Judges as may be determined by law or, until so determined,
as may be fixed by the President.
-
[170] [(2) The Sind and
Baluchistan High Court shall cease to function as a common High
Court for the Provinces of Baluchistan and Sind.
- (3) The President shall, by [171] Order, establish a High
Court for each of the Provinces of Baluchistan and Sind and may
make such provision in the Order for the principal seats of the two
High Courts, transfer of the Judges of the common High Court,
transfer of cases pending in the common High Court immediately
before the establishment of two High Courts and, generally, for
matters consequential or ancillary to the common High Court ceasing
to function and the establishment of the two High Courts as he may
deem fit.
(4) The jurisdiction of a High Court may, by Act of [172] [Majlis-e-Shoora
(Parliament)], be extended to any area in Pakistan not forming part
of a Province.
-
193.
Appointment of High Court Judges.
- (1) A Judge of a High Court shall be appointed by the President
after consultation-
- (a) with the Chief Justice of Pakistan;
- (b) with the Governor concerned; and
except where the appointment is that of Chief Justice, with the
Chief Justice of the High Court.
- (2) A person shall not be appointed a Judge of a High Court
unless he is a citizen of Pakistan, is not less than
[172A]
[forty-five years] of age, and-
- (a) he has for a period of, or for periods aggregating, not
less than ten years been an advocate of a High Court (including a
High Court which existed in Pakistan at any time before the
commencing day); or
- (b) he is, and has for a period of not less than ten years
been, a member of a civil service prescribed by law for the
purposes of this paragraph, and has, for a period of not less than
three years, served as or exercised the functions of a District
Judge in Pakistan; or
- (c) he has, for a period of not less than ten years, held a
judicial office in Pakistan.
[173]
[Explanation.-In computing the period during which a person has
been an advocate of a High Court or held judicial office, there
shall be included any period during which he has held judicial
office after he became an advocate or, as the case may be, the
period during which he has been an advocate after having held
judicial office.]
- (3) In this Article, "District Judge" means Judge of a
principal civil court of original jurisdiction.
-
194.
Oath of Office
- Before entering upon office, the Chief. Justice of a High Court
shall make before the Governor, and any other Judge of the Court
shall make before the Chief Justice, oath in the form set out in
the Third Schedule.
-
[174]
-
195 Retiring Age-
- A judge of the High Court shall hold office until he attains
the age of sixty-two years, unless he sooner resigns or is removed
from office in accordance with the Constitution.
-
196.
Acting Chief Justice.
- At any time when-
- (a) the office of Chief Justice of a High Court is vacant,
or
- (b) the Chief Justice of a High Court is absent or is unable to
perform the functions of his office due to any other cause,
the President shall appoint [176] [one of the other Judges
of the High Court, or may request one of the Judges of the Supreme
Court], to act as Chief Justice.
-
197.
Additional Judges.
- At any time when-
- (a) the office of a Judge of a High Court is vacant; or
- (b) a Judge of a High Court is absent or is unable to perform
the functions of his office due to any other cause; or
- (c) for any reason it is necessary to increase the number of
Judges of a High Court,
the President may, in the manner provided in clause (1) of
Article 193, appoint a person qualified for appointment as a Judge
of the High Court to be Additional Judge of the Court for such
period as the President may determine, being a period not exceeding
such period, if any, as may be prescribed by law.
-
[177]
- [198.
Seat of the High Court.
- (1)] Each High Court in existence Sea immediately before the
commencing day shall continue to have its principal seat at the
place where it had such seat before that day.
-
[178] [(2) Each High
Court and the Judges and divisional courts thereof shall sit at its
principal seat and the seats of its Benches and may hold, at any
place within its territorial jurisdiction, circuit courts
consisting of such of the Judges as may be nominated by the Chief
Justice.
- (3) The Lahore High Court shall have a Bench each at
Bahawalpur, Multan and Rawalpindi; the High Court of Sind shall
have a Bench at Sukkur; the Peshawar High Court shall have a Bench
each at Abbottabad and Dera Ismail Khan and the High Court of
Baluchistan shall have a Bench at Sibi.
- (4) Each of the High Courts may have Benches at such other
places as the Governor may determine on the advice of the Cabinet
and in consultation with the Chief Justice of the High Court.
- (5) A Bench referred in clause (3), or established under clause
(4), shall consist of such of the Judges of the High Court as may
be nominated by the Chief Justice from time to time for a period of
not less than one year.
- (6) The Governor in consultation with the Chief Justice of the
High Court shall make rules to provide the following matters, that
is to say,-
- (a) assigning the area in relation to which each Bench shall
exercise jurisdiction vested in the High Court; and
- (b) for all incidental, supplemental or consequential
matters.]
-
199.
Jurisdiction of High Court.
- (1) Subject to the Constitution, a High Court may, if it is
satisfied that no other adequate remedy is provided by law,-
- (a) on the application of any aggrieved party, make an order-
- (i) directing a person performing, within the territorial
jurisdiction of the Court, functions in connection with the affairs
of the Federation, a Province or a local authority, to refrain from
doing anything he is not permitted by law to do, or to do anything
he is required by law to do; or
- (ii) declaring that any act done or proceeding taken within the
territorial jurisdiction of the Court by a person performing
functions in connection with the affairs of the Federation, a
Province or a local authority has been done or taken without lawful
authority and is of no legal effect; or
- (b) on the application of any person, make an order-
- (i) directing that a person in custody within the territorial
jurisdiction of the Court be brought before it so that the Court
may satisfy itself that he is not being held in custody without
lawful authority or in an unlawful manner; or
- (ii) requiring a person within the territorial jurisdiction of
the Court holding or purporting to hold a public office to show
under what authority of law he claims to hold that office; or
- (c) on the application of any aggrieved person, make an order
giving such directions to any person or authority, including any
Government exercising any power or performing any function in, or
in relation to, any territory within the jurisdiction of that Court
as may be appropriate for the enforcement of any of the Fundamental
Rights conferred by Chapter 1 of Part 11.
- (2) Subject to the Constitution, the right to move a High Court
for the enforcement of any of the Fundamental Rights conferred by
Chapter 1 of Part II shall not be abridged.
[179] [(3) An order shall
not be made under clause (1) on application made by or in relation
to a person who is a member of the Armed Forces of Pakistan, or who
is for the time being subject to any law relating to any of those
Forces, in respect of his terms and conditions of service, in
respect of any matter arising out of his service, or in respect of
any action taken in relation to him as a member of the Armed Forces
of Pakistan or as a person subject to such law.]
-
[180] * * *
- (4) Where-
- (a) an application is made to a High Court for an order under
paragraph (a) or paragraph (c) of clause (1), and
- (b) the making of an interim order would have the effect of
prejudicing or interfering with the carrying out of a public work
or of otherwise being harmful to public interest [181] [or State property] or of
impeding the assessment or collection of public revenues,
the Court shall not make an interim order unless the prescribed law
officer has been given notice of the application and he or any
person authorised by him in that behalf has had an opportunity of
being heard and the Court, for reasons to be recorded in writing,
is satisfied that the interim order-
- (i) would not have such effect as aforesaid;or
- (ii) would have the effect of suspending an order or proceeding
which on the face of the record is without jurisdiction.
-
[182] [(4A) An interim
order made by a High Court on an application made to it to question
the validity or legal effect of any order made, proceeding taken or
act done by any authority or person, which has been made, taken or
done or purports to have been made, taken or done under any law
which is specified in part I of the First Schedule or relates to,
or is connected with, [183]
[State Property or] assessment or collection of public revenues
shall cease to have effect on the expiration of a period of [184] [six months] following
the day on which it is made,
[184A]
[provided
that the matter shall be finally decided by the High Court within
six months from the date on which the interim order is made].
]
-
[185]
- (5) In this Article, unless the context otherwise requires,
-
"person" includes any body politic or corporate, any authority of
or under the control of the Federal Government or of a Provincial
Government, and any Court or tribunal, other than the Supreme
Court, a High Court or a Court or tribunal established under a law
relating to the Armed Forces of Pakistan; and "prescribed law
officer" means
- (a) in relation to an application affecting the Federal
Government or an authority of or under the control of the Federal
Government, the Attorney-General, and
- (b) in any other case, the Advocate-General for the Province
in which the application is made.
-
200.
Transfer of High Court Judges
- (1) The President may transfer a Judge of a High Court from one
High Court to another High Court, but no Judge shall be so
transferred except ' with his consent and after consultation by the
President with the Chief Justice of Pakistan and the Chief Justices
of both High Courts [186] [:
]
[187] [Provided that such
consent, or consultation with the Chief Justices of the High
Courts, shah not be necessary if such transfer is for a period not
exceeding [188] [two years]
at a time.
Explanation.-In this Article, "Judge" does not include a Chief
Justice [189] [but includes
a Judge for the time being acting as Chief Justice of a High Court
other than a Judge of the Supreme Court acting as such in pursuance
of a request made under' paragraph (b) of Article 196].]
-
[190] [(2) Where a Judge
is so transferred or is appointed to an office other than the
principal seat of the High Court, he shall, during the period for
which he serves as a judge of the High Court to which he is
transferred, or holds such other office, be entitled to such
allowances and privileges, in addition to his salary, as the
President may, by Order, determine.]
-
[191] [(3) If at any
time it is necessary for any reason to increase temporarily the
number of Judges of a High Court, the Chief Justice of that Court
may require a Judge of any other High Court to attend sittings of
the former High Court for such period as may be necessary and,
while so attending the sittings of the High Court, the Judge shall
have the same power and jurisdiction as a Judge of that High Court:
Provided that a Judge shall not be so required except with his
consent and the approval of the President and after consultation
with the Chief Justice of Pakistan and the Chief Justice of the
High Court of which he is a Judge. ]
[192] [Explanation.- In
this Article, "High Court" includes a Bench of a High Court. ]
-
[193] (4) A Judge of a
High Court who.does not accept transfer to another High Court under
clause (1) shall be deemed to have retired from his office and, on
such retirement, shall be entitled to receive a pension calculated
on the basis of the length of his service as Judge and total
service, if any, in the service of Pakistan.]
-
201.
Decision of High Court binding on Subordinate Courts.
- Subject to Article 189, any decision of a High Court shall, to
the extent that it decides a question of law or is based upon or
enunciates a principle of law, be binding on all courts subordinate
to it.
-
202.
Rules of Procedure
- Subject to the Constitution and law, a High Court may make
rules regulating the practice and procedure of the Court or of any
court subordinate to it.
-
203.
Hight Court to superintend Subordinate Courts
- Each High Court shall supervise and control all courts
subordinate to it.