Islamabad High Court Act, 2010

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 544b4806d26fbea9dbe5f9d685fe803528161974ca507d34487af3bcd4eed50a.

THE ISLAMABAD HIGH COURT ACT, 2010 
 
 
 
CONTENTS 
SECTIONS: 
1.  Short title and commencement. 
2.  Definitions. 
3.  Islamabad High Court. 
4.  Jurisdiction. 
5.  Powers of Chief Justice and other Judges. 
6.  Other Courts. 
7.  Procedure as to appeals to Supreme Court. 
8.  Practice and procedure. 
9.  Transfer of proceedings. 
10.  Enforcement of orders etc. of Lahore High Court. 
11.  Power to appoint officers and staff. 
12.  Power to adapt laws. 
13.  Removal of difficulties. 
14.  Amendment of Code of Criminal Procedure. 
15.  Amendment of P.O No.1 of 1970. 
16.  Amendment of P.O No. 8 of 1970. 
 
 
 
 

 
ISLAMABAD HIGH COURT ACT, 2010 
ACT No. XVII OF 2010 
 [2nd August, 2010] 
An Act to provide for establishment of a High Court for Islamabad Capital Territory 
WHEREAS  Article 175 of the Constitution of the Islamic Republic of Pakistan provides 
for a High Court for Islamabad Capital Territory, hereinafter in this Act referred to as the 
Islamabad High Court;  
AND WHEREAS in pursuance of Article 175 of the Constitution, a High Cour t for 
Islamabad Capital Territory has been established vide Law, Justice and Parliamentary Affairs 
Division's Notification No.F.9(I)/2008 -A.II, dated the 22nd April, 2010;  
AND WHEREAS  it is necessary to make provisions for effective functioning of the 
Islamabad High Court;  
It is hereby enacted as follows:  ___ 
1. Short title and commencement .___(l) This Act may be called the Islamabad High 
Court Act, 2010.  
(2) It shall come into force at once.  
2. Definitions .___ In this Act, unless there is anything repugnan t in the subject or 
context,  ___ 
(a)  "appointed  date" means the date to be appointed by the Federal 
Government for the purposes of this Act;  
(b)  "Chief Justice " means the Chief Justice of Islamabad High Court and 
includes a Judge for the time being actin g as Chief Justice of the said 
Court;  
(c)  "Constitution " means the Constitution of the Islamic Republic of Pakistan;  
(d)  "Judge " means a Judge of the Islamabad High Court and includes the 
Chief Justice and a person who is an Additional Judge of that Cour t. 
  3. Islamabad High Court .___ (1) The Islamabad High Court shall consist of a Chief 
Justice and  1[twelve ] other Judges to be appointed from the provinces and other territories of 
Pakistan, in accordance with the Constitution.  
(2) The Islamabad High Cour t shall start functioning from the appointed date.  
(3) The principal seat of Islamabad High Court shall be at Islamabad.  
 
1Subs. by Act No. XXXII of 2024, s.2. 
 
4. Jurisdiction.  ___ Islamabad High Court shall h ave, in respect of the Islamabad Capital 
Territ ory, original, appellate, revisional  and other jurisdiction, as under the Constitution or the 
laws in force immediately before the commencement of this Act, is exercisable in respect of 
the said territory by t he Lahore High Court  1[.] 
2[* * * * * * *] 
  5. Powers of Chief Justice and other Judges.  ___ Any law in force immediately before the 
appointed date relating to the powers of the Chief Justice and of single Judges and Benches of the 
Lahore High Court, and with respect to all matters ancillary to the ex ercise of those powers, shall, 
mutatis mutandis, apply in relation to Islamabad High Court. 
6. Other Courts. ___ (1) Subject to the provisions of this Act and any order of the 
competent authority, all civil, cr iminal and revenue courts, and all tribunals an d special courts 
established under any law, which were exercising jurisdiction and functions in the Islamabad 
Capital Territory immediately before the commencement of this Act shall continue to exercise 
their respective jurisdiction and function and all pe rsons holding office in such courts or 
tribunals or special courts shall continue to hold their respective offices on the same terms and 
conditions as were applicable to them immediately before the commencemen t of this Act, 
unless otherwise determined by t he competent authority.  
(2) Notwithstanding anything contained in any other law for the time being in force, all 
civil, criminal and revenue courts and all tribunals and special courts functioning in Islamabad  
Capital Territory which were within the jurisd iction and under the superintendence and control 
of the Lahore High Court before the commencement of this Act shall, as from the appointed 
date, fall within the jurisdiction and under the supervision and contr ol of the Islamabad High 
Court.  
(3) The Islamab ad High Court shall take necessary steps for establishing subordinate 
judiciary for the Islamabad Capital Territory within six month of the commencement of this 
Act. The Judges of the subordinate judiciary wor king on deputation shall be sent back to the 
respective High Court after establishment of the subordinate judiciary for  the Islamabad Capital 
Territory.  
(4) There shall be two Sessions Divisions in the Islamabad Capital Territory with such 
territorial limi ts as may be determined in this behalf by Notif ication in the official Gazette.  
  7. Procedure as to appeals to Supreme Court .___ Any law in force immediately before 
the appointed date relating to appeals to the Supreme Court from the Lahore High Court in 
respect of cases relating to  Islamabad Capital Territory shall, with the necessary modification, 
apply in relation to Islamabad High Court. 
 
8. Practice and procedure. ___(1) Subject to the provisions of this Act, all laws which are in 
force immediately before the commencement of this Act, applicable to  the Sindh High Court or any 
court subordinate to it with respect to practice and procedure shall mutatis mutandis apply to the 
Islamabad High Court. 
 
 
1Substituted by Islamabad High Court (Amendment) Act, 2016 (Act No. XLVII of 2016) s.2. 
2Omitted by Islamabad High Court (Amendment) Act, 2016 (Act No. XLVII of 2016) s.2. 
 
 (2) Subject to the provisions of this Act, all rules, including Sindh Chief Court Rules, or 
orders which are in force immediately before the commencement of this Act, with respect to prac tice 
and procedure in the Sindh High Court or any court subordinate to it, shall, until varied or revoked 
by rules or orders made by Islamabad High Court, apply with necessary modifications in relation to 
practice and procedure in Islamabad High Court or a ny court subordinate to it as if they were made 
by the Islamabad High Court. 
  9. Transfer of proceedings .___ All appeals, petitions and other proceedings pending in the 
Lahore High Court or in any other High Court in relation to Islamabad Capital Territory immediately 
before the appointed date shall stand transferred to the Islamabad High Court. 
Explanation.___ For the purposes of this section or any other provision of this Act where 
subject so requires, the expression "Lahore High Court" includes Rawalpindi Bench of the Lahore 
High Court. 
  10. Enforcement of orders etc. of Lahore High Court .___(1) Subject to the provisions of 
subsection (2), any order or decision made by the Lahore High Court before the appo inted date in 
relation to Islamabad Capital Terr itory shall for all purposes be as effective and executable as if 
made by the Islamabad High Court. 
(2) Where any such order or decision as is mentioned in subsection (1) has, whether before or 
after the appo inted date, been confirmed, varied or reversed o n appeal, review or revision, effect 
shall be given to the order or decision of the appellate court or that of the Lahore High Court as if the 
order appealed from was an order of the Islamabad High Court. 
  11. Power to appoint officers and staff .___(1) The Chief Justice may appoint the Registrar, 
officers and staff of Islamabad High Court as may be prescribed. 
(2) The employees of the defunct Islamabad High Court, ___ 
(i)  on surplus pool;  
(ii)  retained and still working on the strength of the aforesaid High Court; 
(iii)  reverted but not accepted by a parent department; or 
(iv)  reverted and joined their parent departments; 
shall be adjusted in the Islamabad High Court established vide Law, Justice and Parl iamentary 
Affairs Division's Notification dated the 22nd April, 2010, as may be determined by the Federal 
Government in this regard: 
Provided that the employees who have joined their parent departments may report to the High 
Court at Islamabad within fifte en days of the commencement of this Act, failing  which they shall 
loose the option of reversion to said High Court. 
  12. Power to adapt laws. ___ For the purpose of facilitating the application of any law in 
relating to the Islamabad Capital Territory, the  Federal Government may, before the expiration o f 
two years from the appointed date by order make such adaptations and modifications of the law, 
whether by way of repeal or amendment, as may be necessary or expedient to give effect to the 
 
provisions of this Act and thereupon every such law shall have ef fect subject to the adaptations and 
modifications so made until altered, repealed or amended by a competent legislature or other 
competent authority. 
  
13. Removal of difficulties.___ If any difficulty arises in giving effect to any provision of this 
Act within one year of its commencement, the Federal Government, in consultation with the Chief 
Justice of the Islamabad High Court, may remove such difficulty. 
  
14. Amendment of Code of Criminal Procedure .___ In the Code of Criminal Procedure, 
1898 (Act V of 1898), in section 4, in clause (j), after the word "Province" the words "and the 
Islamabad Capital Territory" shall be added. 
  
15. Amendment of P.O. No.1 of 1970 .___ In the Province of West Pakistan (Dissolu tion) 
Order, 1970 (P.O.1 of 1970), in Article 14, clause (2) shall be omitted. 
  
16. Amendment of P.O. No.  8 of 1970 .___ In the High Courts (Establishment) Order, 1970 
(P.O. No.8 of 1970), in Article 3, in clause (1), in paragraph (b), the words "and the I slamabad 
Capital Territory" shall be omitted. 
 
 
___________