Lahore High Court

Lahore High Court
عدالت عالیہ لاہور‬
High Court Lahore
Established 1919
Country  Pakistan
Location

Principal Seat: Lahore, Punjab

Circuit Benches: Bahawalpur, Multan and Rawalpindi
Composition method Presidential with confirmation of Chief Justice of Pakistan and Governor of Punjab
Authorized by Constitution of Pakistan
Decisions are appealed to Supreme Court of Pakistan
Judge term length Till 62 years of age
No. of positions 60
Website www.lhc.gov.pk
Chief Justice
Currently Muhammad Yawar Ali

The Lahore High Court (Urdu: عدالت عالیہ لاہور‬‎) is based in Lahore, Punjab, Pakistan. It was established as a high court on 21 March 1919.[1] The Lahore High Court has jurisdiction over Punjab. The High Court's principal seat is in Lahore, but there are benches in three other Pakistani cities: Rawalpindi, Multan and Bahawalpur. A proposal was sent by lawyers to set up new high court benches in Faisalabad, Sialkot, D.G.Khan and Gujranwala divisions but full court of Lahore High Court turned down this request.

History

Creation

In 1849, the East India Company defeated the Sikh Empire and assumed control of administration within the Punjab. A Board of Administration was constituted and the Punjab was divided into Divisions, Districts and Tehsils. The Divisions were controlled by Commissioners, Districts by Deputy Commissioners and Tehsils by an Assistant and Extra Assistant Commissioners.

The Board of Administration consisted of Sir Henry Lawrence, John Lawrence and Charles Grenville Mansel[2]

Chief Court of the Punjab

Lahore High Court in the 1880s

In 1858 the Punjab, along with the rest of British India, came under the direct rule of the British crown and decisions with regards to administration and justice were now made under the authority of the monarch, Queen Victoria.[3] By 1864, a proliferation of court cases necessitated an expansion to the judicial structure in the province. The Punjab Courts Act, (XIX of 1865) introduced seven grades of courts, combining judicial and administrative functions and claiming jurisdiction over civil and criminal cases. The Court of Tehsildar was the lowest court, whilst the Court of the Judicial Commissioner became the highest court in the land.[4]

Over time, as appeals to the Chief Court greatly increased, later Acts namely the Punjab Courts Act, (XVII of 1877) and Punjab Courts Act, (XVIII of 1884) repealed earlier Acts and restated the law regarding the courts' constitution, powers and jurisdiction.[2] Additional judges were appointed, and greater finality was granted to the decisions of the lower appellate courts.[2] By 1884, there were four classes of courts subordinate to the Chief Court, namely the Divisional Court, the Court of the District Judge, the Court of the Subordinate Judge, the Court of Munsif.

Lahore High Court

On 1 April 1919, the Chief Court of the Punjab was elevated to the status of a High Court, becoming known as Lahore High Court, by Letters Patent granted pursuant to Section 113 of the Government of India Act, 1915. The Letters Patent by King-Emperor George V also appointed a Chief Justice and six puisne justices, and declared the Court's jurisdiction over the Punjab and Delhi provinces.[2]

The Government of India Act, 1935 removed the barrier that the Chief Justice must be a Barrister Judge and opened the position to Civilian Judges. An age limit of 60 years was set for High Court Judges.[2]

By virtue of the Government of India (High Court Judges) Order, 1937, a maximum number of Judges for the various High Courts in India was fixed. In each case the number so stated was exclusive of the Chief Justice but included all additional judges. For the Lahore High Court the maximum number was fixed at 15.[2]

The West Pakistan High Court

On 30 September 1955, the Constituent Assembly of Pakistan established the province of West Pakistan, and gave the Governor-General the power to establish the West Pakistan High Court, which was established in 1956. Judges from the Chief Court of Sind and the Judicial Commissioners Court at Peshawar became judges at the West Pakistan High Court.

Creation Of Divisional Benches

On 1 January 1981, it was ordered that the Lahore High Court would create benches at Bahawalpur, Multan and Rawalpindi. The order also specified that the Lahore High Court judges could hold circuit courts anywhere in the province, with judges nominated by the Lahore High Court Chief Justice.

Chief Justices

The first Chief Justice at Lahore was Sir Henry Meredyth Plowden in 1880. The current Chief Justice is Muhammad Yawar Ali, incumbent since Feb 8, 2018.

Current Composition

Lahore High Court is headed by a Chief Justice. The bench consist of Justices and additional judges. The retirement age of Chief Justice and Justices is 62 years. The Additional Judges are initially appointed for one year. After that their services could either be extended or they could be confirmed or they are retired. The current Chief Justice of Lahore High Court is Justice Muhammad Yawar Ali and Court is currently made up of the following Justices (in order of seniority).

No. Name Appointment Retirement Note(s)
1 Muhammad Yawar Ali 19 February 2010 22 October 2018 Elevated to the Bench as Additional Judge on 19 February 2010 and confirmed as justice of Lahore High Court. He took oath as Chief Justice of the Lahore High Court on 6 February 2018.
2 Muhammad Anwaarul Haq 19 February 2010 31 December 2018 Elevated to the Bench as Additional Judge on 19 February 2010 and confirmed as justice of Lahore High Court.
3 Sardar Muhammad Shamim Khan 19 February 2010 31 December 2019 Elevated to the Bench as Additional Judge on 19 February 2010 and confirmed as justice of Lahore High Court.
4 Mamoon Rashid Sheikh 19 February 2010 18 March 2020 Elevated to the Bench as Additional Judge on 19 February 2010 and confirmed as justice of Lahore High Court.
5 Muhammad Farrukh Irfan Khan 19 February 2010 22 June 2020 Elevated to the Bench as Additional Judge on 19 February 2010 and confirmed as justice of Lahore High Court.
6 Muhammad Qasim Khan 19 February 2010 5 July 2021 Elevated to the Bench as Additional Judge on 19 February 2010 and confirmed as justice of Lahore High Court.
7 Sayyed Muhammad Mazahar Ali Akbar Naqvi 19 February 2010 31 August 2022 Elevated to the Bench as Additional Judge on 19 February 2010 and confirmed as justice of Lahore High Court.
8 Aminuddin Khan 12 May 2011 30 November 2022 Elevated to the Bench as Additional Judge on 12 May 2011 and confirmed as justice of Lahore High Court.
9 Muhammad Ameer Bhatti 12 May 2011 7 March 2024 Elevated to the Bench as Additional Judge on 12 May 2011 and confirmed as justice of Lahore High Court.
10 Malik Shehzad Ahmed Khan 12 May 2011 14 March 2024 Elevated to the Bench as Additional Judge on 12 May 2011 and confirmed as justice of Lahore High Court.
11 Ibad ur Rehman Lodhi 27 March 2012 27 December 2018 Elevated to the Bench as Additional Judge on 27 March 2012 and confirmed as justice of Lahore High Court.
12 Shujaat Ali Khan 27 March 2012 22 April 2026 Elevated to the Bench as Additional Judge on 27 March 2012 and confirmed as justice of Lahore High Court.
13 Ayesha Malik 27 March 2012 2 June 2028 Elevated to the Bench as Additional Judge on 27 March 2012 and confirmed as justice of Lahore High Court.
14 Shahid Waheed 27 March 2012 24 December 2028 Elevated to the Bench as Additional Judge on 27 March 2012 and confirmed as justice of Lahore High Court.
15 Ali Baqir Najafi 16 April 2012 14 September 2025 Elevated to the Bench as Additional Judge on 16 April 2012 and confirmed as justice of Lahore High Court.
16 Atir Mahmood 12 April 2013 08 Mar 2021 Elevated to the Bench as Additional Judge on 12 April 2013 and confirmed as justice of Lahore High Court.
17 Shahid Bilal Hassan 12 April 2013 11 March 2027 Elevated to the Bench as Additional Judge on 12 April 2013 and confirmed as justice of Lahore High Court.
18 Aalia Neelum 12 April 2013 11 November 2028 Elevated to the Bench as Additional Judge on 12 April 2013 and confirmed as justice of Lahore High Court.
19 Abid Aziz Sheikh 12 April 2013 25 April 2029 Elevated to the Bench as Additional Judge on 12 April 2013 and confirmed as justice of Lahore High Court.
20 Muhammad Tariq Abbasi 29 October 2013 30 March 2021 Elevated to the Bench as Additional Judge on 29 October 2013 and confirmed as justice of Lahore High Court.
21 Ch. Muhammad Masood Jahangir 29 October 2013 2 December 2022 Elevated to the Bench as Additional Judge on 29 October 2013 and confirmed as justice of Lahore High Court.
22 Sadaqat Ali Khan 29 October 2013 20 January 2029 Elevated to the Bench as Additional Judge on 29 October 2013 and confirmed as justice of Lahore High Court.
23 Shams Mehmood Mirza 22 March 2014 6 March 2028 Elevated to the Bench as Additional Judge on 22 March 2014 and confirmed as justice of Lahore High Court.
24 Syed Shahbaz Ali Rizvi 22 March 2014 21 April 2028 Elevated to the Bench as Additional Judge on 22 March 2014 and confirmed as justice of Lahore High Court.
25 Shahid Jamil Khan 22 March 2014 29 April 2028 Elevated to the Bench as Additional Judge on 22 March 2014 and confirmed as justice of Lahore High Court.
26 Faisal Zaman Khan 22 March 2014 30 July 2029 Elevated to the Bench as Additional Judge on 22 March 2014 and confirmed as justice of Lahore High Court.
27 Ali Akbar Qureshi 7 November 2014 28 December 2018 Elevated to the Bench as Additional Judge on 7 November 2014 and confirmed as justice of Lahore High Court.
28 Qazi Muhammad Amin Ahmed 7 November 2014 25 March 2019 Elevated to the Bench as Additional Judge on 7 November 2014 and confirmed as justice of Lahore High Court.
29 Ch. Mushtaq Ahmed 7 November 2014 6 April 2021 Elevated to the Bench as Additional Judge on 7 November 2014 and confirmed as justice of Lahore High Court.
30 Masud Abid Naqvi 7 November 2014 4 July 2026 Elevated to the Bench as Additional Judge on 7 November 2014 and confirmed as justice of Lahore High Court.
31 Shahid Karim 7 November 2014 19 August 2026 Elevated to the Bench as Additional Judge on 7 November 2014 and confirmed as justice of Lahore High Court.
32 Mirza Viqas Rauf 7 November 2014 26 April 2028 Elevated to the Bench as Additional Judge on 7 November 2014 and confirmed as justice of Lahore High Court.
33 Ch. Muhammad Iqbal 7 November 2014 31 October 2028 Elevated to the Bench as Additional Judge on 7 November 2014 and confirmed as justice of Lahore High Court.
34 Shahid Mubeen 8 June 2015 31 December 2019 Elevated to the Bench as Additional Judge on 8 June 2015 and confirmed as justice of Lahore High Court.
35 Sardar Ahmad Naeem 8 June 2015 30 June 2022 Elevated to the Bench as Additional Judge on 8 June 2015 and confirmed as justice of Lahore High Court.
36 Raja Shahid Mehmood Abbasi 8 June 2015 24 January 2025 Elevated to the Bench as Additional Judge on 8 June 2015 and confirmed as justice of Lahore High Court.
37 Shehram Sarwar Chaudhary 8 June 2015 23 April 2030 Elevated to the Bench as Additional Judge on 8 June 2015 and confirmed as justice of Lahore High Court.
38 Muhammad Sajid Mehmood Sethi 8 June 2015 18 May 2030 Elevated to the Bench as Additional Judge on 8 June 2015 and confirmed as justice of Lahore High Court.
39 Sardar Muhammad Sarfraz Dogar 8 June 2015 2 July 2030 Elevated to the Bench as Additional Judge on 8 June 2015 and confirmed as justice of Lahore High Court.
40 Mujahid Mustaqeem Ahmed 26 November 2016 24 April 2020 Elevated to the Bench as Additional Judge on 26 November 2016.
41 Tariq Iftikhar Ahmad 26 November 2016 7 September 2019 Elevated to the Bench as Additional Judge on 26 November 2016.
42 Asjad Javaid Ghural 26 November 2016 29 April 2026 Elevated to the Bench as Additional Judge on 26 November 2016.
43 Tariq Salim Sheikh 26 November 2016 23 June 2027 Elevated to the Bench as Additional Judge on 26 November 2016.
44 Jawad Hassan 26 November 2016 27 July 2029 Elevated to the Bench as Additional Judge on 26 November 2016.
45 Muzamil Akhtar Shabir 26 November 2016 13 January 2031 Elevated to the Bench as Additional Judge on 26 November 2016.
46 Chauhdry Abdul Aziz 26 November 2016 8 September 2033 Elevated to the Bench as Additional Judge on 26 November 2016.
47 Vacant
48 Vacant
49 Vacant
50 Vacant
51 Vacant
52 Vacant
53 Vacant
54 Vacant
55 Vacant
56 Vacant
57 Vacant
58 Vacant
59 Vacant
60 Vacant

[5]

PCO 25 March 1981

The PCO of 1981 also afforded the Lahore High Court these three benches. The judges were required to take oath under the Provisional Constitutional Order. Four judges refused to do so and were relieved of office. Four other judges were not administered the oath, and were also relieved of office.[6]

PCO 26 January 2000

  • Sir Rashid Aziz Khan Took oath under PCO
  • Mian Allah Nawaz Took oath under PCO
  • Falak Sher Took oath under PCO
  • Ehsanul Haq Chaudhry Did not Take oath under PCO
  • Tanvir Ahmad Khan Took oath under PCO
  • Amir Alam Khan Took oath under PCO
  • Iftikhar Hussain Chaudhry Took oath under PCO
  • Fakhar-un-Nisa Khokhar Took oath under PCO
  • Ghulam Mehmood Qureshi Took oath under PCO
  • Karamat Nazir Bhandari Took oath under PCO
  • Javed Buttar Took oath under PCO
  • Mohammad Asif Jan Took oath under PCO
  • Mohammad Nasim Chaudhri Took oath under PCO
  • Mohammad Nawaz Abbasi, Took oath under PCO
  • Tassadaq Hussain Jilani Took oath under PCO
  • Raja Mohammad Sabir Took oath under PCO
  • Syed Zahid Hussain Took oath under PCO
  • Munir Ahmad Mughal Took oath under PCO
  • Fakir Mohammad Khokar Took oath under PCO
  • Abdul Razzaq Sheikh Took oath under PCO
  • Zafar Pasha Chaudhary Took oath under PCO
  • Mumtaz Ali Mirza Took oath under PCO
  • Asif Saeed Khan Khosa Took oath under PCO
  • Ch. Ijaz Ahmad Took oath under PCO
  • Iftikhar Ahmad Cheema Took oath under PCO
  • Jawad S Khawaja Took oath under PCO
  • Khwaja Mohammad Sharif Took oath under PCO
  • Mian Mohammad Najam-uz-Zaman Took oath under PCO
  • Mian Saqib Nisar Took oath under PCO
  • Mian Zafar Yasin Took oath under PCO
  • Riaz Kayani Took oath under PCO
  • Najamul Hassan Kazmi Did not Take oath under PCO
  • Syed Jamshed Ali Took oath under PCO
  • Khalil-ur-Rehman Ramday Took oath under PCO
  • Malik Mohammad Qayyum Took oath under PCO
  • Nazir Akhtar Took oath under PCO
  • Ali Nawaz Chohan Took oath under PCO
  • Bashir A Mujahid Took oath under PCO
  • Naeemullah Sherwani Took oath under PCO
  • Molvi Anwar-ul-Haq Took oath under PCO
  • Akhtar Shabbir Took oath under PCO
  • Naseem Sikandar Took oath under PCO
  • Nazir Siddique Took oath under PCO

PCO 3 November 2007

  • Iftikhar Hussain Ch Take oath under PCo as chief justice
  • Khawja Muhammad Sharif Refused oath under PCo
  • Sayyed Zahid Hussain Take oath under PCo
  • Mian M Najamuz Zaman Take oath under PCo
  • Mian Saqib Nisar Refused oath under PCo
  • Asif Saeed Khan Khosa Refused oath under PCo
  • Maulvi Anwarul Haq Take oath under PCo
  • Nasim Sikandar Take oath under PCo
  • Abdul Shakoor Paracha Take oath under PCo
  • Mohammad Khalid Alvi Take oath under PCo
  • Muhammad Sair Ali Refused oath under PCo
  • Ijaz Ahmad Chaudhry, Refused oath under PCo
  • Mian Hamid Farooq Take oath under PCo
  • M. Bilal Khan Take oath under PCo
  • Fazale Miran Chauhan Take oath under PCo
  • Syed Shabbar Raza Rizvi Take oath under PCo
  • M. A. Shahid Siddiqui Refused oath under PCo
  • Syed Sakhi Hussain Bokhari Take oath under PCo
  • Sardar Mohammad Aslam Take oath under PCo
  • Sheikh Hakim Ali Take oath under PCo
  • Mohammad Muzammal Khan Take oath under PCo
  • Muhammad Jhangir Arshad Refused oath under PCo
  • Sh. Azmat Saeed Refused oath under PCo
  • Syed Hamid Ali Shah Take oath under PCo
  • Umar AttaBandial Refused oath under PCo
  • Sh. Javaid Sarfraz Take oath under PCo
  • Syed Sajjad Hussain Shah Take oath under PCo
  • Tariq Shamim Take oath under PCo
  • Syed Asghar Haider Take oath under PCo
  • Hasnat Ahmad Khan Take oath under PCo
  • Iqbal Hameed-ur-Rehman Refused oath under PCo

See also

References

  1. ↑ N. R. Madhava Menon, ed. (2002). Criminal Justice India Series: Punjab, 2002. Allied Publishers. p. 234. ISBN 978-81-7764-490-6.
  2. 1 2 3 4 5 6 "History of The High Court". Lahore High Court.
  3. ↑ Hibbert 2000, p. 221
  4. ↑ Nasser Hussain, The Jurisprudence of Emergency: Colonialism and the Rule of Law, University of Michigan Press, 11 Nov 2009, ISBN 0472023519, 9780472023516, p.148
  5. ↑ "Sitting Judges". Sindh High Court. June 2, 2017.
  6. ↑ "History of the High Court". Lahore High Court. Archived from the original on 16 July 2013. Retrieved 8 May 2013.

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