Lahore High Court Explained

Court Name:Lahore High Court
Location:Principal Seat: Lahore-54000
Circuit Benches: Bahawalpur, Multan and Rawalpindi
Type:Judicial Commission of Pakistan
Authority:Constitution of Pakistan
Appealsto:Supreme Court of Pakistan
Appealsfrom:District Courts of Punjab
Terms:Till 62 years of age
Positions:60
Chiefjudgetitle:Chief Justice of Lahore High Court
Chiefjudgename:Aalia Neelum
Termstart:11 July 2024

The Lahore High Court is a provincial court house based in Lahore, Punjab, Pakistan. It was established as a high court on 21 March 1882.[1] The Lahore High Court has jurisdiction over the province of Punjab. The High Court's principal seat is in Lahore, but there are benches in three other cities of the province: Rawalpindi, Multan and Bahawalpur.[2]

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.[3]

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.[4]

The Board of Administration consisted of Sir Henry Lawrence, John Lawrence and Charles Grenville Mansel[5]

Chief Court of the Punjab Lahore High Court

In 1858 the Punjab, along with the rest of British India, came under the direct rule of the British crown and decisions with regard to administration and justice were now made under the authority of the monarch, Queen Victoria.[6] 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.[7]

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Court greatly increased, later Acts namely the Punjab Courts Act, (XVII of 1877) and Punjab Courts Act, (XVIII of 1884) repealed earlier Acts and restated the law regarding the courts' constitution, powers and jurisdiction.[5] Additional judges were appointed, and greater finality was granted to the decisions of the lower appellate courts.[5] 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.[8]

Lahore High Court

On 1 October 1882, the Chief Court of the Punjab Court was elevated to the status of a Lahore High Court, becoming known as Lahore High Court, 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.[5]

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.[5]

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.[5]

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.[9]

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 Aalia Neelum, incumbent since 11 July 2024.

List of chief justices

The following table lists all the chief justices to date.[10]

PortraitPakistan justiceTook officeLeft officeNotes
Chief Court of the Lahore
Sir Henry Meredyth Plowden
Sir Charles Arthur Roe
Sir William Ovens Clark
Sir Arthur Hay Stewart Reid
Sir Alfred Kensington
Sir Donald Campbell Johnstone
Sir Henry Adolphus Rattigan
Lahore High Court
Sir Shadi LalFirst Indian Chief Justice of any High Court in India
Sir John Douglas Young
Sir Arthur Trevor Harries
Sir Mian Abdul Rashid
Muhammad Munir
Sheikh Abdul Rahman
Muhammad Rustam Kayani
Manzur Qadir
Abdul Aziz Khan
Inamullah Khan
Waheed-ud-Din Ahmad
Qadeeruddin Ahmed
Sheikh Anwarul Haq
Sardar Muhammad Iqbal
Aslam Riaz Hussain
Maulvi Mushtaq Hussain
Shamim Hussain Qadri
Javed Iqbal
Ghulam Mujaddid Mirza
Abdul Shakurul Salam
Muhammad Rafiq Tarar
Mian Mahboob Ahmad
Khalil-Ur-Rehman Khan
Sheikh Ijaz Nisar
Sheikh Riaz Ahmad
Rashid Aziz Khan
Mian Allah Nawaz
Chaudhry Iftikhar Hussain
Sayed Zahid Hussain
Chaudhry Ijaz Ahmed
Azmat Saeed
Umar Ata Bandial
Imtiaz Ahmad
Manzoor Ahmad Malik
Ijazul Ahsan
Syed Mansoor Ali Shah
Muhammad Yawar Ali
Muhammad Anwaarul Haq2018
Sardar Muhammad Shamim Khan2019
Mamoon Rashid Sheikh2020
Muhammad Qasim Khan2021
Muhammad Ameer Bhatti2023
Malik Shehzad Ahmed Khan2024
Shujaat Ali Khan (acting)2024
Aalia Neelumpresent

Current composition

Lahore High Court is headed by a Chief Justice. The bench consist of sixty 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 Aalia Neelum and Court is currently made up of the following Justices (in order of seniority).[11]

No.NameAppointmentRetirementNote(s)
1Aalia Neelum12 April 201311 November 2028Chief Justice Since 11 July 2024
2Shujaat Ali Khan27 March 201222 April 2026
3Ali Baqar Najafi16 April 201214 September 2025
4Abid Aziz Sheikh12 April 201325 April 2029
5Sadaqat Ali Khan12 April 201320 January 2029
6Shams Mehmood Mirza22 March 20146 March 2028
7Syed Shahbaz Ali Rizvi22 March 201421 April 2028
8Faisal Zaman Khan22 March 201430 July 2029
9Masud Abid Naqvi7 November 20144 July 2026
10Shahid Karim7 November 201419 August 2026
11Mirza Viqas Rauf7 November 201426 April 2028
12Chaudhry Muhammad Iqbal7 November 201431 October 2028
13Shehram Sarwar Chaudhary8 June 201523 April 2030
14Muhammad Sajid Mehmood Sethi8 June 201518 May 2030
15Sardar Muhammad Sarfraz Dogar8 June 20152 July 2030
16Asjad Javaid Ghural26 November 201629 April 2026
17Tariq Saleem Sheikh26 November 201623 June 2027
18Jawad Hassan26 November 201627 July 2029
19Muzammil Akhtar Shabbir26 November 201613 January 2031
20Chauhdry Abdul Aziz26 November 20168 September 2033
21Anwaarul Haq Pannun23 October 201827 March 2025
22Farooq Haider23 October 201823 April 2030
23Muhammad Waheed Khan 23 October 201827 April 2031
24Rasaal Hasan Syed23 October 201810 September 2032
25Asim Hafeez 23 October 201813 September 2032
26Sadiq Mahmud Khurram23 October 20187 January 2035
27Shakil Ahmed7 May 202111 November 2024
28Ahmad Nadeem Arshad7 May 20211 May 2027
29Mohammad Tariq Nadim7 May 202118 July 2029
30Mohammad Amjad Rafique7 May 20211 February 2032
31Abid Hussain Chathha7 May 20211 April 2034
32Anwaar Hussain7 May 202115 January 2035
33Ali Zia Bajwa7 May 202130 June 2035
34Sultan Tanvir Ahmed7 May 202127 August 2035
35Muhammad Raza Qureshi7 May 202114 September 2035
36Raheel Kamran Sheikh7 May 202120 January 2036
37Vacant
38Vacant
39Vacant
40Vacant
41Vacant
42Vacant
43Vacant
44Vacant
45Vacant
46Vacant
47Vacant
48Vacant
49Vacant
50Vacant
51Vacant
52Vacant
53Vacant
54Vacant
55Vacant
56Vacant
57Vacant
58Vacant
59Vacant
60Vacant
[12]

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.[13]

PCO 26 January 2000

PCO 3 November 2007

See also

Notes and References

  1. Book: Criminal Justice India Series: Punjab, 2002. 2002. Allied Publishers. 978-81-7764-490-6. 234. N. R. Madhava Menon.
  2. Web site: Hon'ble Sitting Judges | Lahore High Court . Data.lhc.gov.pk . 2022-04-12 . 10 January 2021 . https://web.archive.org/web/20210110093630/https://data.lhc.gov.pk/judges/sitting_judges . live .
  3. Web site: Lahore High Court . Lhc.gov.pk . 2022-04-12 . 11 February 2021 . https://web.archive.org/web/20210211215933/https://lhc.gov.pk/ . live .
  4. Web site: History of the High Court | Lahore High Court. 6 February 2021. 1 March 2021. https://web.archive.org/web/20210301213932/https://lhc.gov.pk/history. live.
  5. Web site: History of The High Court. Lahore High Court. 22 September 2023. 18 June 2022. https://web.archive.org/web/20220618091937/https://lhc.gov.pk/history. live.
  6. [#Hibbert|Hibbert 2000]
  7. Nasser Hussain, The Jurisprudence of Emergency: Colonialism and the Rule of Law, University of Michigan Press, 11 Nov 2009,, 9780472023516, p.148
  8. Web site: FBR . Lahore High Court – Federal Board Of Revenue Government Of Pakistan . Fbr.gov.pk . 2022-04-12 . 13 February 2021 . https://web.archive.org/web/20210213133843/https://www.fbr.gov.pk/categ/service-matter/677 . live .
  9. Web site: 150 Years of Lahore High Court! . 150.lhc.gov.pk . 2022-04-12 . 8 February 2021 . https://web.archive.org/web/20210208093432/https://150.lhc.gov.pk/ . live .
  10. Web site: Former Chief Justices . Lahore High Court . 7 December 2019 . 8 August 2020 . https://web.archive.org/web/20200808140547/https://data.lhc.gov.pk/judges/former_chief_justices . live .
  11. Web site: Automation of Lahore High Court | PITB. 6 February 2021. 17 April 2021. https://web.archive.org/web/20210417111949/https://pitb.gov.pk/alhc. live.
  12. Web site: Sitting Judges. 2 June 2017. Sindh High Court. 22 September 2023. 15 August 2016. https://web.archive.org/web/20160815064224/http://data.lhc.gov.pk/judges/sitting_judges. live.
  13. Web site: History of the High Court. Lahore High Court. https://web.archive.org/web/20130716023600/http://lhc.gov.pk/?page_id=35. 16 July 2013. 8 May 2013.