Peshawar High Court

The Peshawar High Court (Urdu: عدالت عالیہ پشاور‎) is the highest judicial institution of Khyber-Pakhtunkhwa. It is located in the provincial capital Peshawar. The Parliament passed a bill extending the jurisdiction of the Supreme Court (SC) and the Peshawar High Court (PHC) to Federally Administered Tribal Areas (FATA), one of a handful of reforms paving the way for a merger of the tribal areas with Khyber Pakhtunkhwa.[1]

Peshawar High Court
LocationPrincipal Seat: Peshawar, Khyber Pakhtunkhwa
Circuit Benches: Abbottabad, Mingora & Dera Ismail Khan
Authorized byConstitution of Pakistan
Appeals toSupreme Court of Pakistan
Number of positions20
Websitepeshawarhighcourt.gov.pk
Chief Justice
CurrentlyWaqar Ahmed Seth
Since28 June 2018

History

During the last days of the 19th century, the viceroy of India Lord Curzon (1899–1905), proposed the creation of Khyber-Pakhtunkhwa province (then NWFP) which was approved by the Secretary of State for India, Lord George F. Hamilton, on 20 December 1900.[2]

The province was formally founded on 9 November 1901, (the King's birthday) had to get one Judicial Commissioner. The Khyber-Pakhtunkhwa Law and Justice Regulation No. VII of 1901 was enacted by the Governor-General-in-Council, under section 3 of the Government of India Act, 1854, in order to establish judicial institutions.[2]

Current formation

The Constitution of Pakistan, 1973 provides that Peshawar High Court shall have a Bench each at Abbottabad and DI Khan.[24] Article 199 of the Constitution lays down in detail the jurisdiction of the High Court.[25] The jurisdiction was more or less the same as provided under the Constitution of 1956[26] and further detailed under the Constitution of 1962.[27] [2]

The Constitution of Pakistan, 1956, Article 170, states that:

"Notwithstanding anything contained in Article 22, each High Court shall have power throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases any Government directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, for the enforcement of any of the rights conferred by Part II and for any other purpose."[2]

Justices of Peshawar High Court

High Court is headed by a Chief Justice. The bench consist of Justices and additional judges. The retirement age of Chief Justice and Justices is 62 years. The Additional Judges are initially appointed for one year. After that their services could either be extended or they could be confirmed or they are retired. The current Chief Justice of Peshawar High Court is Justice Waqar Ahmad Seth.

Current Composition

The Peshawar High Court is currently made up of the following Justices (in order of seniority).

No. Name Appointment Retirement Note(s)
1 Waqar Ahmed Seth 2 August 2011 15 March 2023 Took oath as Chief Justice of the Peshawar High Court on 28 June 2018
2 Qaiser Rashid Khan 2 August 2011 30 March 2023
3 Roohul Amin Khan 20 July 2012 31 March 2023
4 Ikramullah Khan 26 March 2013 31 December 2020
5 Lal Jan Khattak 26 March 2013 2 January 2023
6 Musarrat Hilali 26 March 2013 7 August 2023
7 Muhammad Ibrahim Khan 11 August 2016 14 April 2024
8 Ishtiaq Ibrahim 11 August 2016 1 December 2031
9 Abdul Shakoor 27 March 2017 3 January 2024
10 Ijaz Anwar 27 March 2017 14 January 2030
11 Syed Muhammad Attique Shah 27 March 2017 11 October 2030
12 Muhammad Nasir Mehfooz 16 June 2017 6 July 2021
13 Shakeel Ahmad 16 June 2017 29 May 2029
14 Syed Arshad Ali 16 June 2017 9 April 2033
15 Sahibzada Asadullah 19 August 2019 15 April 2034 Elevated to the Bench as Additional Judge. Date of retirement is subjected to confirmation.
16 Muhammad Naeem Anwar 19 August 2019 14 June 2034 Elevated to the Bench as Additional Judge. Date of retirement is subjected to confirmation.
17 Wiqar Ahmad 19 August 2019 19 March 2036 Elevated to the Bench as Additional Judge. Date of retirement is subjected to confirmation.
18 Vacant
19 Vacant
20 Vacant

Provisional Constitutional Order 25 March 1981
  • Muhammad Daud Khan - Refused PCO
  • Karimullah Duranni - Refused PCO

Provisional Constitutional Order 26 January 2000
  • Javed NawazGandapur - Did not take oath under PCO
  • Muhammad Nawaz Khan - Did not take oath under PCO
  • Mian Muhammad Ajmal - Take oath under PCO was Chief Justice
  • Sardar Muhammad Raza - Take oath under PCO
  • Khalida Rasheed - Take oath under PCO
  • Mian Shakirullah Jan]] - Take oath under PCO
  • Nasir ul Mulk - Take oath under PCO
  • Abdul Rauf Laghmani - Take oath under PCO
  • Shahzad Akbar - Take oath under PCO
  • Talaat Qayum Qureshi - Take oath under PCO
  • Malik Hamid Saeed - Take oath under PCO
  • Shah Jehan Yousafzai - Take oath under PCO

Provisional Constitutional Order 3 November 2007
  • Tariq Parvez Khan - Dismissed on the ground of corruption
  • Ijaz Afzal - Did not take oath under PCO
  • Dost Muhammad Khan (Justice) - Dismissed on the ground of corruption (Elevated to the Supreme court (Feb:01.2014)
  • Shah Jehan Khan Yousafzai - Dismissed on the ground of corruption
  • Talaat Qayyum Qureshi - Take oath under PCO and become chief justice
  • Ijazul Hassan Khan - Elevated to the Supreme court
  • Muhammad Qaim Jan Khan - Elevated to the Supreme court
  • M. Salim Khan - Take oath under PCO
  • Muhammad Raza - Take oath under PCO
  • Jehan Zaib Rahim - Take oath under PCO
  • Raj Muhammad Khan Khattak - Take oath under PCO
  • Said Maroof Khan - Take oath under PCO
  • Hamid Farooq Durrani - Take oath under PCO
  • Syed Sajjad Hassan Shah - Take oath under PCO
  • Judges appointed after PCO
  • Shaji-ur-Rehman Khan Khattak
  • Ghulam Mohiuddin Malik
  • Syed Yahya Gilani
  • Ziauddin Khattak
  • Syed Musadiq Hussain Gilani

List Of Former Chief Justices of Peshawar High Court
  • Bashir-ud-Din Ahmad Khan - 1-7-1970 to 24-5-1972
  • S. Ghulam Safdar Shah - 25-5-1972 to 31-10-1976
  • Abdul Hakeem Khan - 1-11-1976 to 3-10-1979
  • Shah Nawaz Khan (Chief Justice) - 3-10-1979 to 5-4-1981
  • Mian Burhan-ud-Din - 5-4-1981 to 17-12-1981
  • Syed Usman Ali Shah - 19-12-1981 to 7-12-1987
  • Sardar Fakhre Alam - 7-12-1987 to 7-2-1991
  • Fazal Ilahi Khan - 9-2-1991 to 1-4-1993
  • Abdul Karim Khan Kundi - 1-4-1993 to 24-1-1995
  • Syed Ibne Ali - 25-1-1995 to 28-2-1997
  • Abdur Rehman Khan - 1-3-1997 to 3-11-1997
  • Mahbub Ali Khan - 4-11-1997 to 11-5-1999
  • Qazi Muhammad Farooq - 12-5-1999 to 5-1-2000
  • Mian Muhammad Ajmal - 6-1-2000 to 27-4-2000
  • Sardar Muhammad Raza Khan - 28-4-2000 to 9-1-2002
  • Mian Shakirullah Jan - 10-1-2002 to 30-7-2004
  • Nasir-ul-Mulk - 31-7-2004 to 5-4-2005
  • Tariq Pervez Khan - 5-4-2005 to 03-11-2007
  • Talat Qayyum Qureshi - 3-11-2007 to 18-01-2008
  • Muhammad Raza Khan - 21-01-2008 to 07-08-2008
  • Jehan Zaib Rahim - 8-8-2008 to 5-09-2008
  • Tariq Parvez Khan - 5-9-2008 to 20-10-2009
  • Ejaz Afzal Khan - 20-10-2009 to 16-11-2011
  • Dost Muhammad Khan (Justice) - 17-11-2011 to 31-01-2014
  • Mian Fasih-ul-Mulk - 31-01-2014 to 07-04-2014
  • Mazhar Alam Khan Miankhel - 8-04-2014 to 29-12-2016
  • Yahya Afridi - 30-12-2016 to 27-06-2018

List Of Retired Justices of Peshawar High Court
  • Bashir-ud-Din Ahmad Khan
  • Ghulam Safdar Shah
  • Sher Bahadur Khan
  • Shah Zaman Babar
  • Qaisar Khan
  • Muhammad Daud Khan
  • Kareemullah Durrani
  • Abdul Hakim Khan
  • Shah Nawaz Khan
  • Mian Burhanuddin
  • S. Usman Ali Shah
  • Sardar Fakhre Alam
  • Ali Hussain Qazilbash
  • Fazal Ilahi Khan
  • Abdur Rehman Khan Kaif
  • Fazal Ellahi Khan
  • Abdul Karim Khan Kundi
  • Nazir Ahmad Bhatti
  • Muhammad Bashir Jehangiri (Not retired from PHC)
  • Qazi Hamiduddin
  • Sardar Muhammad Raza
  • Salim Dil Khan (Died during service)
  • Mian Shakirullah Jan (Not retired from PHC)
  • Khalida Rashid (Not retired from PHC)
  • Nasirul Mulk
  • Jawaid Nawaz Khan Gandapur
  • Tariq Parvez Khan (Not retired from PHC)
  • Shah Jehan Khan
  • Qazi Ehsanullah Qureshi
  • Malik Hamid Saeed
  • Talaat Qayyum Qureshi (Died during service)
  • Shahzad Akbar Khan
  • Ijazul Hassan Khan
  • Muhammad Qaim Jan Khan
  • Ejaz Afzal Khan (Not retired from PHC)
  • Raj Muhammad Khan
  • Said Maroof Khan
  • Hamid Farooq Durrani
  • Khalid Mahmood (Reversed)
  • Fasihul Mulk
  • Attaullah Khan
  • Miftah-Ud-Din Khan
  • Irshad Qaiser

List of Former Justices of Peshawar High Court[3]
[4]Honorable Mr. Justice Raza Ahmad Khan

Former Judges - Name and Designation

  • Ali Hussain Qazilbash
  • Abdur Rehman Khan Kaif
  • Raza Ahmad Khan
  • Muhammad Ishaq Khan
  • Muhammad Bashir Jehangiri
  • Jalalud Din Akbarjee
  • Muhammad Ishaq Khan
  • Jawaid Nawaz Khan Gandapur
  • Qazi Hamiduddin
  • Khalida Rachid
  • Malik Hamid Saeed
  • Muhammad Azam Khan
  • Abdur Rauf Khan Lughmani
  • Qazi Ehsanullah Qureshi
  • Shahzad Akbar Khan
  • Ijaz ul Hassan
  • Muhammad Qaim Jan Khan
  • Salim Khan
  • Raj Muhammad Khan
  • Hamid Farooq Durrani
  • Said Maroof Khan
  • Abdul Aziz Kundi
  • Attaullah Khan
  • Syed Sajjad Hassan Shah
  • Miftah-ud-Din Khan
  • Malik Manzoor Hussain
  • Abdul Latif Khan
  • Assadullah Khan Chamkani
  • Irshad Qaiser
  • Muhammad Daud Khan
  • Nisar Hussain Khan
  • Muhammad Younis Thaheem
  • Qalandar Ali Khan
  • Muhammad Ghazanfar Khan
  • Muhammad Ayub Khan
  • Syed Afsar Shah
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See also

References
  1. Guramani, Nadir (12 January 2018). "Bill extending PHC, SC jurisdiction to Fata passed by National Assembly". Dawn. Pakistan. Retrieved 16 May 2019.
  2. History Archived 28 October 2007 at the Wayback Machine
  3. "Former Judges". peshawarhighcourt.gov.pk. Retrieved 27 April 2020.
  4. "Former Judges". peshawarhighcourt.gov.pk. Retrieved 10 July 2020.
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