| Citation(s) |
|---|
| 1995 SLG 677 1995 SLD 677 , 1995 PLD 59 |
Sindh High Court
Constitutional Petition No.D-323 of 1994, decided on 24th November, 1994.
Presented By: Before Salahuddin Mirza and Shafi Muhammadi, JJ
Constitutional Petition No.D-323 of 1994, decided on 24th November, 1994.
Presented By: Before Salahuddin Mirza and Shafi Muhammadi, JJ
MUHAMMAD UMER---Petitioner
VERSUS
GOVERNMENT OF SINDH and others---Respondents
Law: Constitution of Pakistan 1973
Section: 13
Law: West Pakistan Arms Ordinance, (XX of 1965)
Section:
P L D 1995 Karachi 59 Constitutional Petition No.D-323 of 1994, decided on 24th November, 1994. Constitution of Pakistan (1973)--- ----Art. 198--- Jurisdiction of Benches of each High Court established under Art.198 of the Constitution extends to the whole Province and sometimes beyond that Province but in exceptional cases as in cases of interim protective bail.--[Jurisdiction--Bail]. [p. 64] A 1990 PCr.LJ 617 ref.. ; . High Court of Sindh Benches Rules, 1987--- ----Rr. 3, 4, 5, 6 & 7---Rules do not limit jurisdiction of Sindh High Court to a specified area within the territory of Sindh: [Jurisdiction]. [p. 64] B West Pakistan Arms Ordinance (XX of 1965)--- ----S. 13--- Offences punishable under S.13 are not bailable. [p. 64] C Constitution of Pakistan (1973)--- ----Art. 199(1)(b)(i)---High Court of Sindh Benches Rules, 1987, Rr. 3, 4, 5, 6 & 7---Territorial jurisdiction of High Court--- Extent---Words "within the territorial jurisdiction" in Art.199(1)(b)(i) of the Constitution of Pakistan have been used not only for Sindh High Court but are also attached with every High Court of every Province---High Court of Sindh Benches Rules, 1987, Rr.3, 4, 5, 6 & 7 if read together, will show that even the Principal Bench of High Court of Sindh is nothing more than only a Bench---Powers and jurisdiction of the Principal Bench or Circuit Benches, therefore, are the same.--(Jurisdiction]. [p. 65] D High Court of Sindh Benches Rules, 1987--- ----Rr. 3, 5, 6, 7, 8 & 10---If only one Judge is working at a Circuit Bench, then he enjoys all powers of Chief Justice although he/she is not a Chief Justice---If, however, more than one Judges are working at a Circuit Bench, then the Senior Judge exercises all powers of Chief Justice as may be delegated by general or special order by the Chief Justice---When there is no special order of the Chief Justice, according to which any or certain powers have been taken away from any of the Judges working at Circuit Bench, jurisdiction of any Circuit Bench will not be less than the jurisdiction of the Principal Seat.- [Jurisdiction]. [p. 65] E High Court of Sindh Benches Rules, 1987--- ----R. 4--- Criminal…