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President of Pakistan in exercise of the powers conferred by Article 192 of the Constitution has increased the number of the Judges of the High Court (HC) including the Chief Justice from fifty to sixty. The permanent strength of the judges of the High Court at Lahore was limited to seven. It was raised from time to time.
Finally, it was 50 judges to be filled in pahses. In the middle of 1947 the High Court (Lahore) Order, 1947, preserved the continuance of the High Court at Lahore with all rights, powers and privileges as hitherto enjoyed and possessed by it before the appointed day. The Governor-General of the Dominion of Pakistan became the substitute of the Crown in matters of appointment etc, of Judges of the Lahore High Court.
After the Partition, the Governor General of Pakistan fixed the strength of the Lahore High Court at 6 permanent Judges and one Additional Judge with effect from September 28, 1948.
During May, 1979, as a first step towards the separation of the Judiciary from the Executive, in order to fulfil the Constitutional requirement of Article 175 (3) of the Constitution of Pakistan, the Government of the Punjab placed the services of 41 Extra Assistant Commissioners under the control of the High Court provisionally, for their posting as Judicial magistrates exercising powers under Section 30 Cr.P.C. for the disposal of criminal cases.
On March 24, the Provisional Constitution Order, C.M.L.A. 1 of 1981, (hereinafter to be referred to as "the P.C.O.") was promulgated. Ten out of its eighteen Articles mainly dealt with the Supreme Court and the High Court. Articles 5 and 6 provided for the appointment of ad hoc Judges of the Supreme Court and the power of the Supreme Court to transfer cases from one High Court to another.
Under clause (3) of Article 7, the Lahore High Court was provided a Bench each at Bahawalpur, Multan and Rawalpindi. Under clause (4) of the said Article, the bench referred to in clause (3), or established under clause (4) was to consist of such of the Judges of the High Court as would be nominated by the Chief Justice from time to time for a period of not less than one year.

Copyright Business Recorder, 2008

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