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Posted by stephen005 on September 22, 2024 at 6:09am 0 Comments 0 Likes
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Posted by Khalid Shaikh on September 22, 2024 at 6:05am 0 Comments 0 Likes
High courts of Pakistan
The Pakistani judicial system is hierarchical and consists of two types of courts, the High Courts and the First Court. The High Court system includes the Supreme Court of Pakistan, the Federal High Court, and five High Courts, of which the Supreme Court is the highest. Each of the four provinces has its own Supreme Court and there is a High Court in the capital, Islamabad.
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The constitution entrusts the Chief Justice with the task of upholding, protecting, and defending the constitution. The constitution of Pakistan provides for a truly comprehensive set of higher judicial institutions, detailing the structure, offices, powers, and elements of these courts. There is a High Court in each province and one in the Islamabad district of the capital.
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Each High Court consists of a Chief Justice and other judges. High Court judges are appointed by the Judicial Council and a parliamentary committee. In appointing judges to the High Courts, it was customary for the Chief Justice of the High Court concerned to prepare a list of candidates and submit it to the President through the Governor of the province and the Chief Justice of Pakistan.
From this list, the President decided on the final list. In this case, the High Court, relying on 41 Al-Jehad Trust v. Federation, held that the appointment of the Chief Justice of Pakistan and the Chief Justice, though foreseeable, would impose restrictions on the President unless there were good reasons to do so.
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The Court further held that the Chief Justice has a legitimate expectation of being appointed Chief Justice unless there is a compelling and valid reason within the President's discretion. The High Court has unique jurisdiction in the area of fundamental rights, decides petitions in all civil and criminal cases, and reviews decisions and judgments of lower courts.
These petitions are also filed against the judgments and decisions of special courts. A large number of cases are pending before the various High Courts. The High Courts supervise and control all courts under their jurisdiction. It also elects 45 employees and makes rules governing the work of its courts and those of subordinate courts.
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