Peshawar High Court

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Peshawar High Court
پشاور عدالت عالیہ
Country  Pakistan
Location Peshawar, Khyber Pakhtunkhwa
Composition method Presidential with confirmation of Chief Justice of Pakistan and Governor of Khyber Pakhtunkhwa.
Authorized by Constitution of Pakistan
Decisions are appealed to Supreme Court of Pakistan
No. of positions 20
Website Peshawar High Court
Chief Justice
Currently Mr. Justice Yahya Afridi[1]
Since 30 Dec 2016

The Peshawar High Court is the highest judicial institution of Khyber-Pakhtunkhwa. It is located in the provincial capital Peshawar.

History[edit]

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[edit]

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[edit]

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 Yahya Afridi.

Current Composition[edit]

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

No. Name Appointment Retirement Note(s)
1 Yahya Afridi 15 March 2010 22 January 2027 Elevated to the Bench as Additional Judge on 15 March 2010 and confirmed as permanent Judge of the Peshawar High Court on 15 March 2012. He took oath as Chief Justice of the Peshawar High Court on 30 December 2016.
2 Waqar Ahmad Seth 2 August 2011 15 March 2023 Elevated to the Bench as Additional Judge on 2 August 2011 and confirmed as permanent Judge of the Peshawar High Court.
3 Qaiser Rashid Khan 2 August 2011 30 March 2023 Elevated to the Bench as Additional Judge on 2 August 2011 and confirmed as permanent Judge of the Peshawar High Court.
4 Rooh ul Amin Khan 20 July 2012 31 July 2023 Elevated to the Bench as Additional Judge on 20 July 2012 and confirmed as permanent Judge of the Peshawar High Court.
5 Syed Afsar Shah 26 March 2013 31 August 2019 Elevated to the Bench as Additional Judge on 26 March 2013 and confirmed as permanent Judge of the Peshawar High Court.
6 Ikramullah Khan 26 March 2013 31 December 2020 Elevated to the Bench as Additional Judge on 26 March 2013 and confirmed as permanent Judge of the Peshawar High Court.
7 Musarrat Hilali 26 March 2013 7 August 2023 Elevated to the Bench as Additional Judge on 26 March 2013 and confirmed as permanent Judge of the Peshawar High Court on 13 March 2014.
8 Lal Jan Khattak 26 March 2013 2 January 2023 Elevated to the Bench as Additional Judge on 20 July 2012 and confirmed as permanent Judge of the Peshawar High Court on 6 March 2014.
9 Muhammad Younis Thaheem 10 November 2014 20 March 2018 Elevated to the Bench as Additional Judge on 10 November 2014 and confirmed as permanent Judge of the Peshawar High Court.
10 Qalandar Ali Khan 10 November 2014 2 March 2019 Elevated to the Bench as Additional Judge on 10 November 2014 and confirmed as permanent Judge of the Peshawar High Court.
11 Mohammad Ghazanfar Khan 10 November 2014 19 April 2019 Elevated to the Bench as Additional Judge on 10 November 2014 and confirmed as permanent Judge of the Peshawar High Court.
12 Muhammad Ibrahim Khan 11 August 2016 14 April 2024 Elevated to bench as Additional Judge on 11 August 2016. Retirement date is subjected to confirmation.
13 Ishtiaq Ibrahim 11 August 2016 1 December 2031 Elevated to bench as Additional Judge on 11 August 2016. Retirement date is subjected to confirmation.
14 Muhammad Ayub Khan 20 December 2016 31 May 2019 Elevated to bench as Additional Judge on 20 December 2016. Retirement date is subjected to confirmation.
15 Abdul Shakoor 27 March 2017 Elevated to bench as Additional Judge on 27 March 2017.
16 Ijaz Anwar 27 March 2017 Elevated to bench as Additional Judge on 27 March 2017.
17 Syed Muhammad Attique Shah 27 March 2017 Elevated to bench as Additional Judge on 27 March 2017.
18 Arshad Ali 15 June 2017 Elevated to bench as Additional Judge on 15 June 2017.
19 Muhammad Nasir Mehfooz 15 June 2017 Elevated to bench as Additional Judge on 15 June 2017.
20 Shakeel Ahmad 15 June 2017 Elevated to bench as Additional Judge on 15 June 2017.

Provisional Constitutional Order March 25, 1981[edit]

Provisional Constitutional Order January 26, 2000[edit]

Provisional Constitutional Order November 3, 2007[edit]

List Of Chief Justices Peshawer High Court[edit]

  • 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 Farooq12-5-1999 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 03-11-2007 to 18-01-2008
  • Muhammad Raza Khan 21-01-2008 to 07-08-2008
  • Jehan Zaib Rahim 08-08-2008 to 05-09-2008
  • Tariq Parvez Khan 05-09-2008 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 08-04-2014 to 29-12-2016
  • Yahya Afridi 30-12-2016 to date

List Of Retired Justices Peshawer High Court[edit]

  • 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

See also[edit]

Active Members of the Bar[edit]

The Khyber Pakhtunkhwa Bar Council [3] is the body which has the overall responsibility governing the lawyers of Khyber Pakhtunkhwa Province. The KP Bar Council is very active in working for the benefit of all lawyers.

Some of the notable members of the bar Council include:

  • Qazi Mohammad Anwar
  • Abdul Latif Afridi
  • Khalid Mehmood
  • Khawaja Mohammad Khan
  • Barrister Zahoor Ul Haq
  • Zahidullah Zahid
  • Manzoor Khan (Khalil)Deputy Attorney General(1)
  • Abbas Sangeen Khan Advocate (ex-Additional Advocate General)
  • Abdul Latif Yousafzai
  • Tehsin Ullah Jan
  • Shah Faisal Utmankhel Advocate (Member KP Bar Council )
  • Babar Khan Yousafzai
  • Mazullah Khan
  • Muhammad Atif Nazir
  • Zahoor Alam Advocate
  • Qazi Sadullah Khan
  • Sabit Ullah Khan Khalil, Advocate Supreme Court of Pakistan
  • Shakir Ullah Afridi Advocate, High Court
  • Shah Mamoon Baig Advocate, High Court
  • Pir Liaqat Ali Shah Advocate(ex-Advocate General N.W.F.P)
  • Bilal Ahmad kakazai Advocate.
  • Farooq Shah Afridi Advocate.
  • Riaz Khan Afridi
  • Farhad Ullah Afridi
  • Riaz Daavi Advocate
  • Islam Wardag Advocate
  • Riaz Paindakhel Advocate ( Deputy Advocate General)
  • Aurangzeb Khan Advocate, High Court(Buner).
  • Ismail khan (Mardan) advocate
  • Zahidullah Zahid Advocate, High Court

References[edit]

  1. ^ "Mazhar Alam takes oath as CJ Peshawar High Court". Abbtakk TV. Retrieved 23 April 2014. 
  2. ^ a b c d History
  3. ^ [1] Khyber Pakhtunkhwa Bar Council

shakir Ullah Afridi Advocate, Supreme Court of Pakistan

External links[edit]