Law:

Section:

High Courts (Establishment) Order (P. O. 8 of 1970)- Art. 9 read with Art. 2(2), Constitution of Pakistan (1975), Arts. 194, 290 and Constitution of Pakistan (1973), Art. 175- Transfer of case from one High Court to another-Not within jurisdiction of Supreme Court-Article 9 of President's Order 8 of 1970 provides for transfer of cases pending before a new High Court to another new High Court created as sequel to West Pakistan (Dissolution) Order, 1970-Object underlying President's Order 8 of 1970, having been exhausted, Order became obsolete and an existing High Court, a High Court under Art. 175 of Constitution of Pakistan (1973) 'and not a new High Court within meaning of President's Order 8 of 1970.- [Jurisdiction). The Supreme Court has no jurisdiction to transfer a case pending in one High Court to another High Court. Article 175(2) of the Constitution (1973) precludes the existence of any such jurisdiction aliunde. The expression "new High Court" has been defined in Article 2(2) of the Constitution as follows : "New High Court" means a High Court established by this Order". The Order, as is clear from its preamble is a sequel to the West Pakistan (Dissolution) Order, 1970 (P. O. 1 of 1970), on the commencement of which the Province of West Pakistan and the late High Court of West Pakistan ceased to exist. Clause (t) of Article 14-of the Order also provided for the establishment of a High Court for each new Province to be established under that Order or a common High Court for two or more of such Provinces on certain conditions stated therein. Consequently by Article 3 of the High Courts (Establishment) Order, the Peshawar High Court, the Lahore High Court and the Sind & Baluchistan High Court (each compendiously described as "new High Court") were established in place of the late High Court of West Pakistan It is also noteworthy that Article 14 of P. O. 1 of 1970, by clauses (3) to (8) made elaborate provisions for the transfer of cases then pending in the High Court of West Pakistan to the successor High Courts. It was :in that context that Article 9 of P. O. 8 of 1970, was inserted as a transitional residuary provision to provide against any…

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