ISLAMABAD HIGH COURT, ISLAMABAD
Islamabad High Court
Islamabad is located in Pothohar Plateau, the region has historically been a part of the cross roads of Punjab and Khyber Pakhtunkhwa, with Margalla pass acting as a gateway between the two regions. Islamabad was build during 1960’s before Islamabad ,Karachi was the Capital of Pakistan. Historically the territory is regarded to be one of the earliest sites of human civilization in Asia.
In year 1958, a commission was constituted to select a suitable site for the Country's Capital with particular emphasis on location, climate, logistics and defense requirements along with other attributes. After extensive study, research and through review of potential cites, the commission recommended the area North East of Rawalpindi. A Greek firm of Architects, Konstantino Apostolos Doxiadies designed the master plan of the city.
The Federal Government was shifted from Karachi to Rawalpindi under President’s Order No.20 of 1960, which was deemed to have taken effect on the 20th October, 1959 whereby it was stipulated that the Capital of the Republic shall be Islamabad situated in the District of Rawalpindi in the Province of West Pakistan at the site to be selected and the area to be determined by the Central Legislature. It was also provided that until provision was made for establishing the Central Government at Islamabad, the principal seat of the Government shall be at Rawalpindi. Under the Capital of the Republic (Determination of Area) Ordinance, 1963 as required by clause (2) of Article 211 of the Constitution 1962, the area of Islamabad Capital Territory was determined.
By virtue of President’s Order No.1 of 1970, the Province of West Pakistan was dissolved, and in its place the four Provinces of Baluchistan, the North-West Frontier Province, the Punjab and Sindh were constituted, besides two centrally administered areas, namely, the Islamabad Capital Territory and the centrally administered Tribal Area. In clause (2) of Article 14 of this Order the Islamabad Capital Territory was placed within the jurisdiction of the High Court of Punjab. Even President’s Order No.8 of 1970 (High Courts Establishment Order 1970) established a High Court for the Province of the Punjab and the Islamabad Capital Territory to be called the Lahore High Court Lahore with its principle seat at Lahore.
Article 1(2)(b) of the Constitution of Islamic Republic of Pakistan, 1973 declared status of Islamabad Capital Territory as of a distinct territory not forming part of any province. Article 175 of the Constitution provided that there shall be a Supreme Court of Pakistan, a High Court for each province and such other courts as may be established by law. Although Islamabad Capital Territory had not been part of any province of Pakistan yet no independent High Court was established to cater for the litigation pertaining to its area, rather the previous arrangement as made vide Article 3(b) of President’s Order No.8 of 1970 (High Courts Establishment Order 1970) continued. Article 192(4) of the Constitution had provided about extension of jurisdiction of any High Court to any area in Pakistan not forming part of the Province and in this way the Islamabad Capital Territory remained under jurisdiction of Lahore High Court, Lahore.
Islamabad High Court
Islamabad is located in Pothohar Plateau, the region has historically been a part of the cross roads of Punjab and Khyber Pakhtunkhwa, with Margalla pass acting as a gateway between the two regions. Islamabad was build during 1960’s before Islamabad ,Karachi was the Capital of Pakistan. Historically the territory is regarded to be one of the earliest sites of human civilization in Asia.
In year 1958, a commission was constituted to select a suitable site for the Country's Capital with particular emphasis on location, climate, logistics and defense requirements along with other attributes. After extensive study, research and through review of potential cites, the commission recommended the area North East of Rawalpindi. A Greek firm of Architects, Konstantino Apostolos Doxiadies designed the master plan of the city.
The Federal Government was shifted from Karachi to Rawalpindi under President’s Order No.20 of 1960, which was deemed to have taken effect on the 20th October, 1959 whereby it was stipulated that the Capital of the Republic shall be Islamabad situated in the District of Rawalpindi in the Province of West Pakistan at the site to be selected and the area to be determined by the Central Legislature. It was also provided that until provision was made for establishing the Central Government at Islamabad, the principal seat of the Government shall be at Rawalpindi. Under the Capital of the Republic (Determination of Area) Ordinance, 1963 as required by clause (2) of Article 211 of the Constitution 1962, the area of Islamabad Capital Territory was determined.
By virtue of President’s Order No.1 of 1970, the Province of West Pakistan was dissolved, and in its place the four Provinces of Baluchistan, the North-West Frontier Province, the Punjab and Sindh were constituted, besides two centrally administered areas, namely, the Islamabad Capital Territory and the centrally administered Tribal Area. In clause (2) of Article 14 of this Order the Islamabad Capital Territory was placed within the jurisdiction of the High Court of Punjab. Even President’s Order No.8 of 1970 (High Courts Establishment Order 1970) established a High Court for the Province of the Punjab and the Islamabad Capital Territory to be called the Lahore High Court Lahore with its principle seat at Lahore.
Article 1(2)(b) of the Constitution of Islamic Republic of Pakistan, 1973 declared status of Islamabad Capital Territory as of a distinct territory not forming part of any province. Article 175 of the Constitution provided that there shall be a Supreme Court of Pakistan, a High Court for each province and such other courts as may be established by law. Although Islamabad Capital Territory had not been part of any province of Pakistan yet no independent High Court was established to cater for the litigation pertaining to its area, rather the previous arrangement as made vide Article 3(b) of President’s Order No.8 of 1970 (High Courts Establishment Order 1970) continued. Article 192(4) of the Constitution had provided about extension of jurisdiction of any High Court to any area in Pakistan not forming part of the Province and in this way the Islamabad Capital Territory remained under jurisdiction of Lahore High Court, Lahore.
