FUNCTIONS OF HIGH COURT

IN PAKISTAN
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History

At the time of partition (1947) the Lahore High Court, the Dhaka High Court, the Chief Court of
Sind and the Judicial Commissioner's Court in the North-West Frontier Province were deemed
to be the four High Courts of Pakistan.

In 1955 the Dhaka High Court and the Lahore High Court became the High Court of East
Pakistan, and the High Court of West Pakistan. The West Pakistan High Court had Benches at
Karachi and Peshawar as well as Circuit Courts at Quetta (replacing the Judicial Commissioner
in Baluchistan) and Bahawalpur (replacing the High Court of Judicature at Baghdad-ul-Jadid).

As the Province of West Pakistan was dissolved in 1970 three High Courts were
established: Lahore High Court, Peshawar High Court, and Sind and Baluchistan High
Court (with its principal seat at Karachi).

In 1976 the Sindh and Baluchistan High Court was split into the High Court of Sind (Karachi)
and the High Court of Baluchistan (Quetta).

In 1985 the Lahore High Court had Benches at Bahawalpur, Multan and Rawalpindi; the High
Court of Sind at Sukkur; the Peshawar High Court at Abbottabad and Dera Ismail Khan and the
High Court of Baluchistan at Sibi.

In 2010 the Islamabad High Court was finally established, as well as the Mingora Bench of the
Peshawar High Court and the Turbat Bench of the High Court of Baluchistan.

There are five High Courts of Pakistan, each of four based in the capital city of one of the four
provinces. The government has proposed a fifth high court to cover the Islamabad Capital
Territory. This proposal was blocked by the Lahore High Court but that decision was overturned
by the Supreme Court of Pakistan on 24 December 2007. In 18th Constitutional amendment,
Islamabad High Court is established.

Principal
High Court Province Benches
Seat

Lahore High
Punjab Lahore Bahawalpur, Multan, Rawalpindi
Court
 Sindh High
Sindh Karachi Sukkur, Hyderabad & Larkana
Court

Peshawar High Khyber Abbottabad, Mingora, Dera Ismail

Peshawar
Court Pakhtunkhwa Khan, Bannu

Baluchistan High
Baluchistan Quetta Sibi, Turbat
Court

Islamabad High Capital

Islamabad —
Court Territory

The High Court of Baluchistan

The High Court of Baluchistan was established on the 1 st of December 1976, and honorable
Justice Khuda Bakhsh Marri presided as Chief Justice, with Justice M. A. Rasheed and Justice
Zakaullah Lodhi as High Court judges. The strength of the organization in the first decade was of
five judges. Today it stands at eleven judges. The High Court of Baluchistan was established on
the 1st of December 1976, and honorable Justice Khuda Bakhsh Marri presided as Chief Justice,
with Justice M. A. Rasheed and Justice Zakaullah Lodhi as High Court judges. The strength of
the organization in the first decade was of five judges. Today it stands at eleven judges.

The High Court was initially established in the present day Sessions Court building situated on
Zarghoon Road. The present building of The High Court of Baluchistan was constructed at Hali
Road in 1993. The High Court complex took seven years in building. Work began in 1987 and
was completed in 1993. The High Court complex includes an area of 5.03 acres (219107 sq. ft.).
The total covered area is 1, 15,371 sq. ft. which includes ground floor, first floor, mezzanine,
podium arcade, ancillary blocks and frill area.

Lahore high court

With predecessors fulfilling its purpose since 1866, the Lahore High Court was established on
the 21st of March 1919 and 175(2) of the Constitution of 1973 provide insights regarding the
jurisdiction of the High Court. Essentially based in the city of Lahore, the High Court has
benches in three other Pakistani cities namely, Rawalpindi, Multan and Bahawalpur.

The History of the High Court at Lahore is spread over the Last Hundred and Fifty Years. By
1830, Maharaja Ranjit Singh, the famous Sikh ruler of Punjab, consolidated the innumerable
small principalities ruled by independent chieftains in the Province. Before the consolidation,
there were no Judicial Courts, no written laws and no established authority to maintain or enforce
them. The chieftains decided cases according to their own whims and discretions certain rules of
customs for settlement of civil and criminal disputes through arbitrators governed the field, but
they were by no means uniform or reputable.
Even during Maharaja Ranjit Singh's period, no great judicial reforms were introduced. The
Saddar Adulate Court (Chief Court) at Lahore was the sole Court in his realm. There were
officers dealing with fiscal and military matters, but none specifically to dispense civil or
criminal justice.

Peshawar high court

During the last days of the 19th century, Lord Curzon (1899-1905), the then viceroy of India,
proposed, primarily for administrative purposes, the creation of North West Frontier Province
which got the approval of Lord George F. Hamilton, the then His Majesty’s Secretary of State
for India on 20th December 1900.The province having formally founded on 9th November,
1901, (the Kings birth day) had to get one Judicial Commissioner. The N.-W.F.P. Law and
Justice Regulation No. VII of 1901 was enacted by the Governor-General-in-Council in order to
establish judicial institutions. The Regulation repealed the Punjab Courts Act, 1884. Parts II and
III of the Regulation deal with criminal justice, police and civil justice respectively; while part
IV provides in detail the constitution and powers of courts. (a) Read with section 42 of the said
Regulation defined the duties and responsibilities of the Judicial Commissioner who was stated
to be the highest civil and criminal court of appeal or revision in the province. The Judicial
Commissioner was also entrusted with duties of general superintendence and control of all other
courts, which were made subordinate to his office. He was to appoint Registrar and make rules
consistent with the Regulation and any other enactment for the time being in force.
The Constitution of Pakistan, 1973 provides that Peshawar High Court shall have a Bench each
at Abbottabad and DI Khan. Article 199 of the Constitution lays down in detail the jurisdiction
of the High Court. The jurisdiction was more or less the same as provided under the Constitution
of 1956 and further detailed under the Constitution of 1962.

Sindh High Court, Karachi

On 21 August 1926, the Sindh Courts Act (Bom. VII of 1926) was passed into law-making
provision for the establishment of a Chief Court for the Province of Sindh. On the coming into
operation of Part III of the Government of India Act, 1935, on 1 April 1937, Sindh became a
separate Province and the Judges of the Court of Judicial Commissioner of Sindh were appointed
by Royal Warrant by the British Government.

At the time of establishment of the High Court of West Pakistan the number of the Judges of
the Karachi Bench was almost the same but subsequently it was increased to 15 and on
separation of Sindh & Baluchistan High Court's 12 Judges were allocated to the Sindh High
Court and 3 Judges to Baluchistan High Court. The present approved strength of Judges is 28.
However, the number of Judges appointed is 24.
Islamabad high court

The Court was originally established on 14 August 2007 by Presidential Order of Pervez
Musharraf, the military ruler at the time. The Court ceased to exist on 31 July 2009 by a decision
of the Supreme Court of Pakistan following Constitution Petition No. 09 and 08 of 2009.

The Court was re-established by the Islamabad High Court Act, 2010 following the 18th
Amendment to the Constitution of Pakistan. President Asif Ali Zardari administered the Oath to
the first Chief Justice, Iqbal Hameed Ur Rahman on 3 January 2011 at the Governor's House
(Karachi).

State High Courts Functions

High Court has the Constitutional, Supervisory, the Civil Original Jurisdiction and
jurisdiction of High Court.
  Constitutional jurisdiction

High Court is conferred with a vast, comprehensive and effective jurisdiction under the
Constitution. Subject to law and the constitution, and where no other adequate remedy is
provided by law, the High Court in its constitutional jurisdiction, inter-alia, may make an order.

 Directing a person performing, within the territorial jurisdiction of the court (functioning
in connection with the affairs of the Federation, 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.

 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,
province or a local authority has been done or taken without lawful authority and is of
NO legal effect.

 Directing that a person in custody within the territorial jurisdiction of the Court may 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.

 Require 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.

Further, the High Court may make an order giving directions as may be appropriate, 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 the Court for the enforcement of any
of the Fundamental Rights conferred by the Constitution.

 Supervisory Jurisdiction

High Court exercises two types of supervisory jurisdictions i.e. the Judicial and the
Administrative. High Court supervises and control all courts subordinate to it. Such judicial
superintendence is carried out by way of entertaining and hearing Appeals and Revisions against
the orders/judgments of the courts subordinate to High Court. Whereas in its Administrative
supervisory jurisdiction the High Court inter alia;
  Monitors to ensure smooth and effective functioning of the courts subordinate to it.

 Recruit and post the judicial officers, for the courts subordinate to it.

 Frame rules for standardized procedure and process for effective functioning of
subordinate courts.

 Issues general instructions and caries out inspection of subordinate civil and criminal
courts.

 Disciplinary action including departmental enquiry.

 ACR.

 Complaints against Judicial officers.

 Civil Original Jurisdiction

The Principal seat of the High Court of Sindh, further has the Civil Original Jurisdiction in all
civil cases including company cases, admiralty cases, etc. in which the relief claimed exceeds 1.5
crore. However, the limit in banking matters is exceeding 5 crore.

 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

 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.
 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.
(b) On the application of any person, make an order

 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.
 Requiring a person within the territorial jurisdiction of the Court holding or
purporting to hold a public 106 office to show under what authority of law he
claims to hold that office.

(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.

(2) Subject to the Constitution, the right to move a High Court for the enforcement of any of the
Fundamental Rights conferred.

(3) An order shall not be 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.

(4) Where

(a) An application is made to a High Court for an order under paragraph

(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.

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 authorized by him in that behalf has had an opportunity of being heard and
the Court for reasons to be recorded in writing:

 Would not have such affect as aforesaid.

  Would have the effect of suspending an order or proceeding which on the face of
the record is without jurisdiction.

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 or is connected with, State property or assessment or collection of public revenues
shall cease to have effect on the expiration of a period of six months following the day on which
it is made: 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.

(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.

(b) In any other case, the Advocate-General for the Province in which the application is made.

Conclusion

The high court occupies an important position in the judicial system of Pakistan. It is a creation
of constitution and functions in accordance with the provisions of the constitution.

High Courts in Pakistan have given full freedom and independence in imparting justice to the
people.

All its decisions are binding and cannot be questioned in any Court except in the Supreme Court.
The High Court makes the rules for the lower courts and superintends their work, it plays the role
as the guardian of the constitution and it possesses the power of Judicial Review.

In last, as a protector of the fundamental rights, it issues various writs to enforce these rights.