Jurisdiction
under the Constitution of 1973
Article 199
(1)
Subject to the Constitution, a High Court may, if it is satisfied that no
other adequate remedy is provided by law,-
(a) on the application
of any aggrieved party, make an order-
(i)
directing a person performing, within the territorial jurisdiction of the
Court, functions in connection with the affairs of the Federation, a Province
or a local authority, to refrain from doing anything he is not permitted by
law to do, or to do anything he is required by law to do; or
(ii)
declaring that any act done or proceeding taken within the territorial
jurisdiction of the Court by a person performing functions in connection with
the affairs of the Federation, a Province or a local authority has been done
or taken without lawful authority and is of no legal effect; or
(b) on the application
of any person, make an order-
(i)
directing that a person in custody within the territorial jurisdiction of the
Court be brought before it so that the Court may satisfy itself that he is
not being held in custody without lawful authority or in an unlawful manner;
or
(ii)
requiring a person within the territorial jurisdiction of the Court holding
or purporting to hold a public office to show under what authority of law he
claims to hold that office; or
(c) on
the application of any aggrieved person, make an order giving such directions
to any person or authority, including any Government exercising any power or
performing any function in, or in relation to, any territory within the
jurisdiction of that Court as may be appropriate for the enforcement of any
of the Fundamental Rights conferred by Chapter 1 of Part II.
(2)
Subject to the Constitution, the right to move a High Court for the
enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part
II shall not be abridged.
(3) An
order shall not be made under clause (1) on application made by or in
relation to a person who is a member of the Armed Forces of Pakistan, or who
is for the time being subject to any law relating to any of those Forces, in
respect of his terms and conditions of service, in respect of any matter
arising out of his service, or in respect of any action taken in relation to
him as a member of the Armed Forces of Pakistan or as a person subject to
such law.]
(4) Where-
(a) an
application is made to a High Court for an order under paragraph (a) or
paragraph (c) of clause (1), and
(b) the
making of an interim order would have the effect of prejudicing or
interfering with the carrying out of a public work or of otherwise being
harmful to public interest [or State property] or of impeding the assessment
or collection of public revenues,
the
Court shall not make an interim order unless the prescribed law officer has
been given notice of the application and he or any person authorized by him
in that behalf has had an opportunity of being heard and the Court, for
reasons to be recorded in writing, is satisfied that the interim order-
(i)
would not have such effect as aforesaid; or
(ii)
would have the effect of suspending an order or proceeding which on the face
of the record is without jurisdiction.
(4A)
An interim order made by a High Court on an application made to it to
question the validity or legal effect of any order made, proceeding taken or
act done by any authority or person, which has been made, taken or done or
purports to have been made, taken or done under any law which is specified in
part I of the First Schedule or relates to, or is connected with, [State
Property or] assessment or collection of public revenues shall cease to have
effect on the expiration of a period of [six months] following the day on
which it is made, unless the case is finally decided, or the interim order is
withdrawn, by the Court earlier.]
(4B)
Every case in which, on an application under clause (1), the High Court has
made an interim order shall be disposed of by the High Court on merits within
six months from the day on which it is made, unless the High Court is
prevented from doing so for sufficient cause to be recorded.]
(5) In this Article, unless the context otherwise
requires,-
"person" includes any body politic or corporate, any authority of or under
the control of the Federal Government or of a Provincial Government, and any
Court or tribunal, other than the Supreme Court, a High Court or a Court or
tribunal established under a law relating to the Armed Forces of Pakistan;
and "prescribed law officer" means
(a) in
relation to an application affecting the Federal Government or an authority
of or under the control of the Federal Government, the Attorney-General, and
(b) in
any other case, the Advocate- General for the Province in which the
application is made.
Article 202-Rules of procedure:-
Subject to constitution and law, a High
Court may make rules regulating the practice and procedure of the Court or of
any court subordinate to it.
Article 203-High Court to superintend
subordinate courts:-
Each High Court shall supervise and control
all Courts subordinate to it.
Article 199 of the
constitution, undoubtedly, clothes the High Court with powers to issue
directions to the subordinate courts as well. But those powers are purely
Judicial in nature. Articles 202 and 203 of the Constitution confer on High
Courts an additional constitutional jurisdiction inasmuch as it makes it the
responsibility of the High Court to supervise and control the subordinate
courts. The power so conferred is a general power and includes the power to
control all subordinate courts administratively as well as judicially.
Superintendence of High Court over Subordinate Courts in Law
Section 3 of Civil Procedure Code
(CPC):- Subordination of Courts:-
For the purpose of this code, the District
Court is subordinate to the High Court, and every civil court of a grade
inferior to that of District Court and every court of small causes is
subordinate to the High Court and District Court".
Section 122 of CPC:- Power of certain High Courts to make rules:-
The High Courts may from time to time after
previous publication, make rules regulating their own procedure and the
procedure of the Civil Courts subject to their superintendence, and may by
such rules annul, alter or add to all or any of the rules in the First
Schedule".
Section 554 of Criminal Procedure Code (Cr.PC): Power of High Courts to make rules of inspection of records of subordinate
Courts:-
(1)
With the previous sanction of the Provincial Government, any High Court may
from time to time, make rules for the inspection of the records of
subordinate courts.
(2) Power of High Courts to make rules for other purposes:- Every High Court
may, from time to time, and with the previous sanction of the Provincial
Government:-
(a)
make rules for keeping all books, entries and accounts to be kept in all
Criminal Courts subordinate to it, and for the preparation and transmission
of any returns or statements to be prepared and submitted by such Courts;
(b)
frame forms for every proceeding in the said Courts for which it thinks that
a form should be provided:
(c)
make rules regulating its own practice and proceedings and the practice and
proceedings of all Criminal Courts subordinate to it; and
(d)
make rules for regulating the execution of warrants issued under this Code
for the levy of fines:
Provided that the rules
and forms made and framed under this section shall not be inconsistent with
this Code or any other law in force for the time being.
(3) All rules made
under this section shall be published in the official Gazette.
Section 14 of the Civil Court Ordinance
1962:- Control of Courts and Presiding
Officers:
(1) All
Civil Courts in the areas to which this Ordinance extends shall be
subordinate to the High Court, and, subject to the general superintendence
and control of the High Court, the district Judge shall have control over all
Civil Courts within the local limits of his jurisdiction.
(2)
The posting of Civil Judges shall be made by the High Court.
Section 27 of the Civil Court Ordinance
1962:-Power to frame rules:
(1)
The High Court may, with the approval of Government, frame rules for the
purposes of carrying in to effect the provisions of this Ordinance.
(2)
In particular, and without prejudice to the generality of the foregoing
power, the High Court may, with the approval of Government frame rules for
all are any of the following purposes, namely:-
(a)
the supervision of all Civil Courts and their visitation and inspection;
(b)
the exercise by the District Judges of the general control vested in them
over the Civil Courts in their respective districts;
(c)
the places and times for the holding of Civil Courts;
(d)
the fees to be charged for processes issued by the Civil Courts or by any
officer of any such Court:
(e)
the fees payable in any suit or proceeding in any Civil Court by any party in
respect of the fees of the pleader of any other party and
(f)
the manner in which the proceedings of the Civil Courts shall be kept and
recorded, the manner in which the paper books for the hearing of appeals
shall be prepared and the granting of copies.
Superintendence and control of Civil and
Criminal Courts in High Court Rules & Orders
Volume IV Chapter 1 and 2
of the High Court Rules and Order (Civil) deals with the superintendence and
control of Civil Courts. The General Superintendence and control over all
Civil Courts (other than the High Court) is vested in, and all such Courts
are subordinate to, the High Court.
Volume IV Chapter 3, of
the High Court Rules and Orders (Criminal) deals with the superintendence and
control of Criminal Courts. In regard to the criminal administration, all
criminal courts are subordinate to the High Court.
Powers of High Court for Inspection of
Civil and Criminal Courts
General instruction for
the inspection of subordinate Civil and Criminal Courts will be found in
chapter I, Part C, Volume IV of High Court Rules and Orders (Civil). |
