MALIK MUHAMMAD QAYYUM, J.- This order shall dispose of an objection raised by the office that this petition does not lie at the Principal Seat and should be filed at the Rawalpindi Bench of this Court as cases emanating from Islamabad are to be instituted in that Bench.
2. In reply, the learned counsel for the petitioner has argued that the jurisdiction on the Rawalpindi Bench of this Court extends to Civil extends to Civil Division of Rawalpindi and not Federal Territory Islamabad which is not a part of the Rawalpindi Division. In order to resolve this controversy, it is necessary to take notice of the history of creation of Benches and various measures taken in that behalf.
3. On creation of one unit a single High court for the entire Province of West Pakistan was set up.
One unit was however dissolved by the President by promulgating Province of West Pakistan (Dissolution) Order, 1970 (President's Order No. 1 of 1970) and four separate Provinces namely Baluchistan, the North- West Baluchistan, the North-West Frontier Province, the Punjab, Sindh and the Islamabad Capital Territory were constituted. Article 14(2) of the Order provided for each of the Provinces and also ordained that Islamabad Capital Territory shall be within the jurisdiction of High Court of the Punjab. This was followed by the High Court (Establishment) Order, 1970 (President's Order 8 of 1970) by which four Courts were created. On 1.1.1981, the Governor of Punjab promulgated the High Courts (Establishment) Order (Punjab Amendment) Ordinance, 1981 which established with immediate effect a Bench of the Lahore High Court each at Multan, Bahawalpur and Rawalpindi. It is further provided that all proceedings relating to Civil Divisions of Rawalpindi, Multan and Bahawalpur Pending in the Lahore High Court shall stand transferred to be concerned Benches, the Ordinance also empowered the Chief Justice of the Lahore High Court to make provisions for certain matters, inter alia, "assigning the area in relation to which each Bench shall exercise jurisdiction vested in the Lahore High Court". Pursuant to the above, the Governor of Punjab in consultation with the Chief Justice framed Lahore High Court (Establishment of Benches) Rules, 1981. According to rule 9 thereof, Chief Justice of this Court was empowered to assign a particular area to a Bench which was to constitute a civil division.
4. This position continued till the Constitution was amended by P.O. 14 to 1985 and (The Constitution Eight Amendment of 1985). Article 198(3) as amended provided that the Lahore High Court shall have a Bench at Bahawalpur, Multan and Rawalpindi, Sub-article (6) empowers the Governor of Punjab to frame rules in consultation with the Chief Justice for, inter alia, assigning areas in relation to which each Bench shall exercise the jurisdiction vested in the High Court. No fresh rules having been framed, the Lahore High Court (Establishment of Benches) Rules, 1981 framed under the Provincial Constitution Order, 1981 continue to remain in force.
5. It is contended by the learned counsel for the petitioner and the office has verified the fact that there is pp order or notification available whereby Islamabad Capital Territory has specifically been assigned to Rawalpindi Bench of this curt, though the cases from Civil Division of Rawalpindi Bench alone and not the Principal Seat has jurisdiction in respect of the cases arising out of Islamabad Capital Territory.
6. There can be no cavil that Islamabad is not a part of the Province of Punjab in view of Article 1 of the Constitution of Islamic Republic of Pakistan, 1973, though the Lahore High Court has the jurisdiction over the Federal Territory as provided in Presidential Order No. 1 of 1970. Clearly Islamabad does not from part of Civil Division Rawalpindi. Even according to the notification issued by the Government of Punjab, Rawalpindi Division comprises of Rawalpindi, Jhelum, Attock and Chakwal District. As there is no assignment of Islamabad Federal Territory by the Chief justice to any Bench, the jurisdiction over the said area continues to vest in the Lahore High Court at its principal seat.
7. According to Mr. Salman Raja, all the cases arising out of Islamabad Federal Territory are presently being entertained at Rawalpindi Bench, this practice should be deemed to have the tacit approval of the Chief Justice. This argument on the face of it is misconceived. The exercise of power vesting in the Hon'ble Chief Justice under the rules has to be through a specific order.
Furthermore, many cases relating to Islamabad Federal Territory were filed, entertained and decided at the principal seat of this Court. At this stage, it may be clarified that I should be under stood as having laid down that the Rawalpindi Bench would not have any jurisdiction in such matters as the question before me is only limited to controversy as to whether a case arising out of Islamabad Federal Territory can be entertained at the principal seat or not. I am guided in this respect by the law declared by the Supreme Court of Pakistan in Syed Ahmad Ali Rizvi v. The State (PLD 1995 SC 500) in which it was laid down that despite rule 3 of the Lahore High Court (Establishment of Benches) Rules, 1981, cannot curtail or limit the jurisdiction conferred on a Judge of the High Court by Constitution and law and he can exercise such jurisdiction throughout the territory limits of the High Court.