Updated: Sunday October 02, 2016/AlAhad
Muharram 01, 1438/Ravivara
Asvina 10, 1938, at 05:22:31 PM
The
ACT No. XVII OF 2010
[2nd August, 2010]
An Act to provide for establishment of a High Court
for
Whereas Article 175 of the Constitution
of the Islamic Republic of Pakistan provides for a High Court for
And whereas in pursuance of Article 175
of the Constitution, a High Court for
And whereas it is necessary to make
provisions for effective functioning of the Islamabad High Court;
It is hereby enacted as follows:---
1. Short title and commencement.---(l) This Act may be called the Islamabad High Court
Act, 2010.
(2) It shall come into force at once.
2. Definitions.___In this Act, unless there is anything repugnant in the
subject or context,---
(a) “appointed
date” means the date to be appointed by the Federal Government for the purposes
of this Act;
(b) “Chief
Justice“
means the Chief Justice of Islamabad High Court and includes a Judge for the
time being acting as Chief Justice of the said Court;
(c) “Constitution“
means the Constitution of the Islamic Republic of Pakistan;
(d) “Judge“
means a Judge of the Islamabad High Court and includes the Chief Justice and a
person who is an Additional Judge of that Court.
3.
(2) The Islamabad High Court shall
start functioning from the appointed date.
(3) The principal seat of Islamabad
High Court shall be at
4. Jurisdiction.___Islamabad High Court shall have, in respect of the
Islamabad Capital Territory, original, appellate, revisional and other
jurisdiction, as under the Constitution or the laws in force immediately before
the commencement of this Act, is exercisable in respect of the said territory
by the Lahore High Court:---
Provided
that Islamabad High Court shall have original jurisdiction in suits and
proceedings having pecuniary value of ten million rupees or more.
5.
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, mutatis mutandis, apply in relation to
Islamabad High Court.
6.
Other Courts.___ (1) Subject to the provisions of this Act and any
order of the competent authority, all civil, criminal and revenue courts, and
all tribunals and special courts established under any law, which were
exercising jurisdiction and functions in the Islamabad Capital Territory
immediately before the commencement of this Act shall continue to exercise
their respective jurisdiction and function and all persons holding office in
such courts or tribunals or special courts shall continue to hold their
respective offices on the same terms and conditions as were applicable to them
immediately before the commencement of this Act, 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 and special
courts functioning in Islamabad Capital Territory which were within the
jurisdiction and under the superintendence and control of the Lahore High Court
before the commencement of this Act shall, as from the appointed date, fall
within the jurisdiction and under the supervision and control of the Islamabad
High Court.
(3) The
Islamabad High Court shall take necessary steps for establishing subordinate
judiciary for the
(4)
There shall be two Sessions Divisions in the
7.
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
8.
Practice and procedure.___ (1) Subject to the provisions of this Act, all laws
which are in force immediately before the commencement of this Act, applicable
to the Sindh High Court or any court subordinate to it with respect to practice
and procedure shall mutatis mutandis apply to the Islamabad High Court.
(2)
Subject to the provisions of this Act, all rules, including Sindh Chief Court
Rules, or orders which are in force immediately before the commencement of this
Act, with respect to practice and procedure in the Sindh High Court or any
court subordinate to it, shall, until varied or revoked by rules or orders made
by Islamabad High Court, apply with necessary modifications in relation to
practice and procedure in Islamabad High Court or any court subordinate to it
as if they were made by the Islamabad High Court.
9.
Transfer of proceedings.___All appeals, petitions and other proceedings pending
in the Lahore High Court or in any other High Court in relation to
Explanation.___For the purposes of this section or any other
provision of this Act where subject so requires, the expression “Lahore High
Court” includes Rawalpindi Bench of the Lahore High Court.
10.
Enforcement of orders etc. of
(2)
Where any such order or decision as is mentioned in subsection (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.
11.
Power to appoint officers and staff.___ (1) The Chief Justice may appoint the Registrar,
officers and staff of Islamabad High Court as may be prescribed.
(2) The
employees of the defunct
(i) on surplus pool;
(ii) retained and still
working on the strength of the aforesaid High Court;
(iii) reverted but not
accepted by a parent department; or
(iv) reverted and joined
their parent departments;
shall be adjusted in the Islamabad High Court
established vide Law, Justice and Parliamentary Affairs Division's Notification
dated the 22nd April, 2010, as may be determined by the Federal Government in
this regard:
Provided
that the employees who have joined their parent department may report to the
High Court at
12.
Power to adapt laws.___For the purpose of facilitating the application of any
law in relating 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 Act 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.
13. Removal of difficulties.
If any difficulty arises in
giving effect to any provision of this Act within one year of its commencement,
the Federal Government, in consultation with the Chief Justice of the Islamabad
High Court, may remove such difficulty.
14. 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
15. Amendment of P.O. No.1 of 1970.
In the
16. Amendment of P.O. No. 8 of 1970.In the High Courts (Establishment) Order, 1970 (P.O.
No.8 of 1970), in Article 3, in clause (1), in paragraph (b), the words “and
the
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