Updated: Friday September 23, 2016/AlJumaa
Thoul Hijjah 21, 1437/Sukravara
Asvina 01, 1938, at 05:50:53 PM
The
PRESIDENT'S ORDER 7 OF 2007
An
order
to provide for the establishment of a High Court for
WHEREAS an amendment in Article 175 of
the Constitution of the Islamic Republic of Pakistan was made by the
Constitution (Amendment) Order, 2007, (Presidents Order No. 5 of 2007),
providing that there shall be a High Court for
AND WHEREAS it is expedient to provide
for establishment of a High Court for
NOW, THEREFORE, in pursuance of the
Proclamation of Emergency of the 3rd day of November, 2007, read with
Provisional Constitution Order No. 1 of 2007, and in exercise of all powers
enabling him in that behalf, the President is pleased to make and promulgate
the following order:---
1. 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.
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 President for the purposes of this
order;
(b) “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;
(c) “Constitution”
means the Constitution of the Islamic Republic of Pakistan;
(d) “Islamabad
High Court” means the High Court for the Islamabad Capital Territory
established under Article 3 and the words “High Court” wherever occurring in
the Constitution shall include Islamabad High Court; and
(e) “Judge”
means a Judge of the High Court and includes the Chief Justice and a person who
is an Additional Judge of that Court.
3.
(2) The principal seat of Islamabad
High Court shall be at
4.
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.
5.
Jurisdiction. 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.
6.
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.
7.
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
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.
8.
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
9.
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.
10.
Transfer of proceedings. All appeals, petitions or other proceedings pending
in the Lahore High Court in relation to the
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.
11.
Enforcement of orders etc. of
(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 Islamabad High Court.
12.
Right to appear or to act in proceedings transferred to
13.
Power to appoint officers and staff. The Chief Justice may appoint the officers
and staff of Islamabad High Court as may be prescribed.
14.
Expenditure charge upon Federal Consolidated Fund. The expenditure in
relation to the Judges of the Islamabad High Court shall be charged upon
Federal Consolidated Fund.
15.
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.
16.
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.
17. 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
18. Amendment of P.O No. 1 of 1970. In the
19. 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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