The High Court of Sindh (Urdu: عدالتِ عالیہ سندھ) (Sindhi: سنڌ ھائي ڪورٽ)is the highest judicial institution of the Pakistani province of Sindh. Established in 1906, the Court situated in the provincial capital at Karachi. Apart from being the highest Court of Appeal for Sindh in civil and criminal matters, the Court was the District Court and the Court of Session in Karachi.[2]
History
On 21 August 1926, the Sindh Courts Act (Bom. VII of 1926) was passed into law-making provision for the establishment of a Chief Court for the Province of Sindh. On the coming into operation of Part III of the Government of India Act, 1935, on 1 April 1937, Sindh became a separate Province and the Judges of the Court of Judicial Commissioner of Sindh were appointed by Royal Warrant by the British Government.
At the time of establishment of the High Court of West Pakistan the number of the Judges of the Karachi Bench was almost the same but subsequently it was increased to 15 and on separation of Sindh & Balochistan High Court's 12 Judges were allocated to the Sindh High Court and 3 Judges to Balochistan High Court. The present approved strength of Judges is 28. However, the number of Judges appointed is 24.
Building Complex
The construction of existing main building was commenced in 1923, at an estimated cost of Rs. 39,75,248 but it was completed on 22-11-1929,[3] at actual cost of Rs. 30,35,000. This building which was meant for 5 Judges with some provision for expansion in 1929 is now accommodating Benches in, Court Rooms and 18 Judges in Chambers. Some Judges have to hold Courts in Chambers. Besides, it also provides accommodation for the offices of the Attorney-General, Deputy Attorney-General, Federal Shariat Court of Pakistan Registry, Advocate-General, Sindh, Additional Advocate General, Sindh, Assistant Advocate General, Sindh and High Court Bar Library. Before shifting Supreme Court Registry from High Court premises two Court rooms and three Chambers were used by the Supreme Court Judges. When the Supreme Court comes to Karachi in bigger strength some more chambers were provided to the Judges of the Supreme Court.
In 1974, An Annexe Building on the North-East side of the compound of the High Court was constructed at a cost of Rs. 4.4 million but it did not ease the situation much, for it is accommodating the offices of this Court and also provides office accommodation for the Secretary, Ministry of Justice and Parliamentary Affairs, Standing Counsel, Official Assignee, Special Banking Court, Registry of the Federal Shariat Court and Sindh Bar Council. Thus, it will be seen that there is acute shortage of accommodation.
The provincial Government has allocated a token amount of Rs. One Lac during the current year for construction of Annexe Building of South-East of the present building in order to make the scheme as ongoing scheme. The building was estimated in 1984 to cost a sum of Rs. 13.35 million. The cost now may go up slightly because of inflation. Unless the Federal Government provides funds or the Provincial Government give preference to the construction of this building and provide necessary funds, the building is not going to be completed within a year or two.
Bench
High Court of Sindh consists of a Chief Justice and 27 other Judges. A Judge of the High Court is appointed by the President after consultation with the Chief Justice of Pakistan, the Governor of the Province and the Chief Justice of the High Court in which appointment is to be made. No person is appointed as a Judge of the High Court unless he is a citizen of Pakistan having forty years and has been an advocate of the High Court or has held a judicial office for ten years and has for a period of not less than three years served as or exercised the functions of a District Judge in Pakistan. A Judge of a High Court holds office until he attains the age of sixty-two years, unless he sooner resigns or is removed from office in accordance with the Constitution.
The principal seat of the High Court of Sindh is at Karachi with a Bench at Hyderabad, Sukkur and Larkana, Mirpurkhas The High Court may have more Benches at other places as the Governor on the advice of the Cabinet and in consultation with the Chief Justice of the High Court may determine Jurisdiction.[4]
PC0 25 March 1981
Agha Ali Hyder-not offered oath under PCO as chief justice of Sindh High Court; took oath under PCO as judge of Federal Shariat Court
Mohammad Moosa K. Legari -take oath under Pco elevated to supreme court
Zia Perwez – take oath under Pco elevated to supreme court
Afzal Soomro -take oath under PCO became chief justice
Rahmad Hussain Jaferi -Did not take oath under PCO
Azizullah Memon -take oath under PCO
Khilji Arif Hussain -Did not take oath under PCO
Ameer Hani Muslim -Did not take oath under PCO
Gulzar Ahmad -Did not take oath under PCO
Maqbool Baqar -Did not take oath under PCO
Munib Ahmad Khan -take oath under PCO
Muhammad Athar Saeed -Did not take oath under PCO
Yasmin Abbasey -take oath under PCO
Mrs Qaiser Iqbal -take oath under PCO
Ali Sain Dino Metlo-take oath under PCO
Faisal Arab – Did not take oath under PCO
Sajjad Ali Shah -Did not take oath under PCO
Nadeem Azhar Siddiqui – take oath under PCO was additional judge
Abdul Rasheed Kalwar – Did not take oath under PCO was additional judge
Salman Ansari – Did not take oath under PCO was additional judge
Arshad Siraj Memon – Did not take oath under PCO was additional judge
Zafar Ahmad Khan Sherwani – Did not take oath under PCO was additional judge
Mahmood Alam Rizvi – take oath under PCO was additional judge
Abdul Rahman Farooq Pirzada – take oath under PCO was additional judge
Additional Judges Appointed under PCO
Khawaja Naveed Ahmed
Qazi Khalid
Rana Shamim
Agha Rafiq Ahmed Khan
Syed Pir Ali Shah
Bin Yamin
Arshad Noor
Dr Qamaruddin Bohra
Ghulam Dastagir Shahani
Farrukh Zia Sheikh
Abdul Qadir Khan
Reappointment of Judges
After the general election and resignation of general musharaf ppp lead govt decided to reappoint judges under the 1973 constitution and given fresh oath some of the judges agreed to take fresh oath under constitution and reappointed on
Agha Rafiq Ahmed Khan with original seniority- posted as Federal Secretary Law and Justice
Restoration of Judges
After the long march of lawyer and opposition parties, on 16 March 2009, the Government restored the deposed judiciary. Only two judges refused to be reappointed: Musheer Alam and Maqbool Baqar.
High Court of Sindh is headed by a Chief Justice. The bench consist of Justices and additional judges and 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 Sindh High Court is Justice Aqeel Ahmed Abbasi.
