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Article: 198 Seat of the High Court

198. Seat of the High Court. 1[(1)] Each High Court in existence immediately before the commencing day shall continue to have its principal seat at the place where it had such seat before that day.

2[(1A) The High Court for Islamabad Capital Territory shall have its principal seat at Islamabad.]

1[(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 3[, Mingora]  and Dera Ismail Khan and the High Court of Baluchistan shall have a Bench at Sibi 4[and Turbat].

(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 to 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.]

 

 

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Footnotes:

1.  Item 39 of the schedule to P.O. No. 14 of 1985, renumbered Art. 198 as clause (1) of the Art. and added clauses (2) to (6) to the said Art. (w.e.f. March 2, 1985).

2.

1. Section 71(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), inserted the said new clause (1A) in Art. 198,  (w.e.f. April 19, 2010).

Section 4 of the Constitution (Amendment) Order, 2007, President’s Order No. 5 of 2007 (P.O. No. 5 of 2007), promulgated by President Musharraf, in the period of Constitutional deviation (between November 3, 2007 and December 15, 2007), w.e.f. November 20, 2007, purported to add the said new clause (1A) after clause (1) of Article 198 of the Constitution.

However P.O. No. 5 of 2007, including the said purported Amendment, was not validated by the Parliament, after the general elections of 18th of February, 2008 and it was held to be void ab initio and of no legal effect in the Short Order dated 31st of July, 2009  and the detailed judgment of the Supreme Court dated 30th of September, 2009 in C.P. No. 09 of 2009  Sindh High Court Bar Association v/s Federation of Pakistan and others.  In the circumstances and as it was intended to retain the High Court for Islamabad Capital Territory, section 71(i) of the Constitution (Eighteenth Amendment) Act, 2010 reinserted the said clause (1A) in Art. 198.

3. Section 71(ii)(a) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), added the said comma and word, after the word “Abbottabad”, in clause (2) of Art. 198, (w.e.f. April 19, 2010).

4. Section 71(ii)(b) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), added the said words, after the word “Sibi”, in clause (3) of Art. 198, (w.e.f. April 19, 2010).


Comparative Table of Article 198 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
97
Constitution of Pakistan 1956 :
165(3)
Constitution of India 1950:
214
Government of India Act 1935:
219

Leading & Latest Cases on Article 198 of the Constitution of Pakistan, 1973 :

     
BEGUM TALAT JAN AND ANOTHER
PRESIDING OFFICER FOR WOMEN RESERVED SEATS FOR WOMEN RESERVED SEATS FO
     
MUMTAZ AHMED AND OTHERS
STATE AND ANOTHER
     
ALTAF & COMPANY
ADAM SUGAR MILLS LTD. AND OTHERS
     
SYED AHMED ALI RIZVI AND ANOTHER
THE STATE
     

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