Order promulgated to set up High Court in Islamabad
President General Pervez Musharraf Wednesday promulgated an Order to set up High Court in Islamabad Capital Territory (ICT), to meet the long standing demand of the residents. The President’s Order No.5 of 2007 also validates all orders and ordinances, promulgated and issued since November 03, 2007. Accordingly, the Supreme Court has the power to withdraw any case or appeal from the High Courts and dispose of the same.
Under the order, with setting up High Court in ICT, the composition of the Election Commission has been enhanced from four to five members.
This Order may be called the Constitution (Amendment) Order, 2007 and it shall come into force at once.
Following is the text of the Ordinance:
President’s Order No.5 of 2007.
Further to amend the Constitution;
WHEREAS pursuant to the Proclamation of Emergency of 3rd Day of November, 2007, the Chief of Army Staff has promulgated the Provisional Constitution order No.1 of 2007, by virtue of which the Constitution of the Islamic Republic of Pakistan has been placed in abeyance;
AND WHEREAS the said provisional Constitution order provides that the President may from time to time amend the Constitution, as is deemed expedient;
AND WHEREAS it is expedient to amend the Constitution for the purposes hereinafter appearing;
NOW, THEREFORE, the President is pleased to make and promulgate the following Order:-
1. Short title and commencement:- (1) This Order may be called the Constitution (Amendment) Order, 2007.
(2) It shall come into force at once.
2. Amendment of Article 175 of the Constitution:- In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 175, in clause (1), after the word “Province” the words “and a High Court for the Islamabad Capital Territory” shall be inserted.
Explanation: The words “High Court” wherever occurring in the Constitution shall include the High Court for Islamabad Capital Territory”.
3. Amendment of Article 186A of the Constitution:- (1) In the Constitution, Article 186A shall be renumbered as clause (1) thereof and in clause (1) renumbered as aforesaid, after the word “High Court” occurring at the end the words” or withdraw any case, appeal or other proceedings pending before a High Court to it and dispose of the same” shall be added.