200 1) The President may transfer a Judge of a High Court from one High Court to another High Court, but no Judge shall be so transferred except with his consent and after consultation by the President with the Chief Justice of Pakistan and the Chief Justices of both High Courts:
[Provided that such consent, or consultation with the Chief Justices of the High Courts, shall not be necessary if such Transfer of High Court Judges transfer is for a period not exceeding [tow years] at a time.
Explanation. _ In this Article “Judge” does not include a Chief Justice [but includes a judge for the time being acting as Chief Justice of a High Court other than a judge of the Supreme Court acting as such in pursuance of a request made under paragraph (b) of Article 196].
[(2) Where a Judge is so transferred or is appointed to an office other than that of Judge at a place other than the principal seat of the High Court, he shall, during the period for which he serves as a judge of the High Court to which he is transferred, or holds such other office, be entitled to such allowances and privileges, in addition to his salary, as the President may, by Order, determine.]
[(3) If at any time it is necessary for any reason to increase temporarily the number of Judges of a High Court, the Chief Justice of that High Court may require a Judge of any other High Court to attend sittings of the former High Court for such period as may be necessary and, while so attending the sittings of the High Court, the Judge shall have the same power and jurisdiction as a Judge of that High Court:
Provided that a Judge shall not be so required except with his consent and the approval of the President and after consultation with the Chief Justice of Pakistan and the Chief Justice of the High Court of which he is a Judge.]
[Explanation. _ In this Article, “High Court“ includes a Bench
of a High Court.]
[(4)] A Judge of a High Court who does not accept transfer another High Court under Clause (1) shall be deemed to have retired from his office and, on such retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service, if any, in the service of Pakistan].
201. Subject to Article 189, any decision of a High Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all Courts subordinate to it
202. Subject to the Constitution and law, a High Court may make rules regulating the practice and procedure of the Court or of any Court subordinate to it.
203. Each High Court shall supervise and control all Courts subordinate to it.
203A The provisions of this Chapter shall have effect notwithstanding anything contained in the Constitution
203-B. In this Chapter, unless there is anything repugnant in the subject or context,_
[(a) “Chief Justice” means Chief Justice of the Court;]
(b) “Court” means the Federal Shariat Court constituted in pursuance of Article 203-C;[(bb) “Judge” means Judge of the Court];
(c)“Law” includes any custom or usage having the force of law but does not include the Constitution,
Muslim Personal Law, any law relating to procedure of any Court or Tribunal or, until the expiration of [ten]
years from the commencement of this Chapter, any fiscal law or any law relating to the levy and collection
of taxes and fees or banking of insurance practice and procedure; and
203-C. (1) There shall be constituted for the purposes of this Chapter a Court to be called the Federal Shariat Court.
[(2) The Court shall consist of not more than eight Muslim [Judges], including the [Chief Justice], to be appointed by the President].
(3) The [Chief Justice] shall be a person who is, or has been, or is qualified to be, a Judge of the Supreme Court or who is a or has been a permanent of a High Court Judge.
(3A) Of the Judges, not more than four shall be persons each one of whom is, or has been, or is qualified to be, a Judge of a High Court and not more than three shall be Ulema who are well-versed in Islamic Law.]
(4) The [Chief Justice] and a [Judge] shall hold office for a period not exceeding three years but may be appointed for such further term or terms as the President may determine:
Provided that a Judge of a High Court shall not be appointed to be a [Judge] for a period exceeding [two years] except with his consent and [, except where the Judge is himself the Chief Justice,] after consultation by the President with the Chief Justice of the High Court.
[(4-A) The [Chief Justice], if he is not a Judge of the Supreme Court, and a [Judge] who is not a Judge of a High Court, may, by writing under his hand addressed to the President, resign his office.]
Provisions of Chapter to override other Provisions of Constitution Definitions The Federal Shariat Court
[203CC [(4-B) The President may, at any time, by order in writing,
(a) modify the term of appointment of a Judge;
(b) assign to a Judge any other office; and
(c) require a Judge to perform such other functions as the President may deem fit; and pass such other order as he may consider appropriate.
Explanation._ In this clause and clause (4-C). “Judge” includes Chief Justice.
(4-C) While he is performing the functions which he is required under clause (4-B) to perform, or holding any other office assigned to him under that clause, a Judge shall be entitled to the same salary, allowances and privileges as are admissible to the Chief Justice or, as the case may be, Judge of the Court.]
(5) A Judge of High Court who does not accept appointment as a [Judge] shall be deemed to have retired from his office and, on such retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service, if any, in the service of Pakistan.
(6) The Principal seat of the Court shall be at Islamabad, but the Court may from time to time sit in such other places in Pakistan as the [Chief Justice] may, with the approval of the President appoint.
(7) Before entering upon office, the [Chief Justice] the and [Judge] shall make before the President or a person nominated by him oath in the form set out, in the Third Schedule.
(8) At any time when the [Chief Justice] or a [Judge] is absent or is unable to perform the functions of the office, the President shall appoint another person qualified for the purpose to act as [Chief Justice] or, as the case may be,[Judge].
(9) A [Chief Justice] who is not a Judge of the Supreme Court shall be entitled to the same salary, allowances and privileges as are admissible to a Judge of the Supreme Court and a [Judge] who is not a Judge of High Court shall be entitled to the same salary, allowances and privileges as are admissible to a Judge of a High Court.[Panel of Ulema and Ulema members.] Omitted by the Constitution (Second Amdt) Order, 1981 (P.O No. 7 of 1981), Art. 3, which was previously ins. By P.O. No. 5 of1981, Art 2.
203-D. (1) The Court may, [either of its own motion or] on the petition of a citizen of Pakistan or the Federal Government or a Provincial Government, examine and decide the question whether or not any law or provision of law is repugnant to the Injunctions of Islam as laid down in the Holy Quran’ and the Sunnah of the Holy Prophet, (PBUH), hereinafter referred to as the Injunctions of Islam.
[(1-A) Where the Court takes up the examination of any law or provision of law under clause (1) and such law or provision of law appears to it to be repugnant to the Inunctions of Islam, the Court shall cause to be given to the Federal Government in the case of a law with respect to a matter in the Federal Legislative List or the Concurrent Legislative List, or to the Provincial Government in the case of a law with respect to a matter not enumerated in the either of those Lists, a notice specifying the particular provisions that appear to it to be so repugnant, and afford to such Government adequate opportunity to have it point of view
placed before the Court.]
(2) If the Court decides that any law or provision of Law is repugnant to the Injunctions of Islam, it shall set out in its decision.
(a) the reasons for its holding that opinion; and
(b) the extent to which such law or provision is so repugnant; and specify the day on which the decision
shall take effect: [Provided that no such decision shall be deemed to take effect before the expiration of the period within which an appeal therefrom may be preferred to the Supreme Court or, where an appeal has been so preferred, before the disposal of such appeal].
(3) If any law or provision of law is held by the Court to be repugnant to the Inunctions of Islam,
(a) the President in the case of a law with respect to a matter in the Federal Legislative List or the Concurrent Legislative List, or the Governor in the case of a law with respect to a matter not enumerated in either of those Lists, shall take steps to amend the law so as to bring such law or
provision into conformity with the Inunctions of Islam; and
(b) such law or provision shall, to the extent to which it is held to be so repugnant, cease to have effect on the day on which the decision of the Court takes effect.
Powers, Jurisdiction and Functions of the Court[203DD.
(1) The Court may call for an examine the record of any case decided by any criminal Court under any law relating to the enforcement of Hudood for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed by, and as to the regularity of any proceedings of such Court and may, when calling for such record, direct that the execution of any sentence be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.
(2) In any case the record of which has been called for by the Court, the Court may pass such order as it may deem fit and may enhance the sentence:
Provided that nothing in this Article shall be deemed to
authorise the Court to convert a finding of acquittal into one
of conviction and no order under this Article shall be made to
the prejudice of the accused unless he has had an
opportunity of being heard in this own defence.
(3) The Court shall have such other jurisdiction as may be conferred on it by or under any law].
203-E (1) For the purposes of the performance of its functions the Court shall have the powers of a civil Court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits; and
(d) issuing commissions for the examination of witnesses or documents.
(2) The court shall have power to conduct its proceedings and regulate its procedure in all respects as it
deems fit.
(3) The Court shall have the power of a High Court to punish its own contempt.
(4) A party to any proceedings before the Court under clause (1) of Article 203-D may be represented by a legal practitioner who is a Muslim and has been enrolled as an Advocate of a High Court for a period of not less than five years or as an Advocate of the Supreme Court or by a jurisconsult selected by the party from out of a panel of jurisconsults maintained by the Court for the purpose.
(5) For being eligible to have his name borne on the panel of jurisconsults referred to in clause (4), a person shall Revision and other Jurisdiction of the Court Powers and Procedure of the Court
be an Aalim who in the opinion of the Court, is well-versed in Shariat.
(6) A legal practitioner or jurisconsult representing a party before the Court shall not plead for the party but shall state, expound and interpret the Injunction of Islam relevant to the proceedings so far as may be known to him and submit to the Court a written statement of his interpretation of such Injunction of Islam.
(7) The Court may invite any person in Pakistan or abroad whom the Court considers to be well-versed in Islamic law to appear before it and render such assistance as may be required of him.
(8) No court-fee shall be payable in respect of any petition or application made to the Court under [Article 203D].
[(9) The Court shall have power to review any decision given or order made by it].
203-F (1) Any party to any proceedings before the Court under Article 203-D aggrieved by the final decision of the Court in such proceedings may, within sixty days of such decision, prefer an appeal to the Supreme Court: [Provided that an appeal on behalf of the Federation or of a Province may be preferred within six months of such decision].
(2) The provisions of clauses (2) and (3) of Article 203-D and clauses (4) to (8) of Article 203-E shall apply to and in relation to the Supreme Court as if reference in those provisions to Court were a reference to the Supreme Court.
[(2A) An appeal shall lie to the Supreme Court from any judgement, final order or sentence of the Federal Shariat Court
(a) if the Federal Shariat Court has on appeal reversed an order of acquittal of an accused person
and sentenced him to death or imprisonment for life or imprisonment for a term exceeding fourteen years;
or, on revision, has enhanced a sentence as aforesaid; or
(b) if the Federal Shariat Court has imposed any punishment on any person for contempt of court.
(2B) An appeal to the Supreme Court from a judgment, decision, order or sentence of the Federal Shariat Court in a case to which the preceding clauses do not apply shall lie only if the Supreme Court grants leave to appeal.]
Appeal toSupreme Court
[(3) For the purpose of the exercise of the jurisdiction conferred by this Article, there shall be constituted in the Supreme Court a Bench to be called the Shariat Appellate Bench and consisting of –
(a) three Muslim Judges of the Supreme Court;and
(b) not more than two Ulema to be appointed by the President to attend the sitting of the Bench and ad
hoc member thereof from amongst the Judges of the Federal Shariat Court or from out of a panel of Ulema
to be drawn up by the President in consultation with the Chief Justice.
(4) A person appointed under paragraph (b) of clause (3) shall hold office for such period as the President may determine.
(5) Reference in clauses (1) and (2) to “Supreme Court” shall be construed as a reference to the Shariat Appellate
Bench.
(6) While attending sittings of the Shariat Appellate Bench a person, appointed under paragraph (b) of clause (3) shall have the same power and jurisdiction and be entitled to the same privileges, as a Judge of the Supreme Court, and be paid such allowances as the President may determine.]
[Provided that such consent, or consultation with the Chief Justices of the High Courts, shall not be necessary if such Transfer of High Court Judges transfer is for a period not exceeding [tow years] at a time.
Explanation. _ In this Article “Judge” does not include a Chief Justice [but includes a judge for the time being acting as Chief Justice of a High Court other than a judge of the Supreme Court acting as such in pursuance of a request made under paragraph (b) of Article 196].
[(2) Where a Judge is so transferred or is appointed to an office other than that of Judge at a place other than the principal seat of the High Court, he shall, during the period for which he serves as a judge of the High Court to which he is transferred, or holds such other office, be entitled to such allowances and privileges, in addition to his salary, as the President may, by Order, determine.]
[(3) If at any time it is necessary for any reason to increase temporarily the number of Judges of a High Court, the Chief Justice of that High Court may require a Judge of any other High Court to attend sittings of the former High Court for such period as may be necessary and, while so attending the sittings of the High Court, the Judge shall have the same power and jurisdiction as a Judge of that High Court:
Provided that a Judge shall not be so required except with his consent and the approval of the President and after consultation with the Chief Justice of Pakistan and the Chief Justice of the High Court of which he is a Judge.]
[Explanation. _ In this Article, “High Court“ includes a Bench
of a High Court.]
[(4)] A Judge of a High Court who does not accept transfer another High Court under Clause (1) shall be deemed to have retired from his office and, on such retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service, if any, in the service of Pakistan].
201. Subject to Article 189, any decision of a High Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all Courts subordinate to it
202. Subject to the Constitution and law, a High Court may make rules regulating the practice and procedure of the Court or of any Court subordinate to it.
203. Each High Court shall supervise and control all Courts subordinate to it.
203A The provisions of this Chapter shall have effect notwithstanding anything contained in the Constitution
203-B. In this Chapter, unless there is anything repugnant in the subject or context,_
[(a) “Chief Justice” means Chief Justice of the Court;]
(b) “Court” means the Federal Shariat Court constituted in pursuance of Article 203-C;[(bb) “Judge” means Judge of the Court];
(c)“Law” includes any custom or usage having the force of law but does not include the Constitution,
Muslim Personal Law, any law relating to procedure of any Court or Tribunal or, until the expiration of [ten]
years from the commencement of this Chapter, any fiscal law or any law relating to the levy and collection
of taxes and fees or banking of insurance practice and procedure; and
203-C. (1) There shall be constituted for the purposes of this Chapter a Court to be called the Federal Shariat Court.
[(2) The Court shall consist of not more than eight Muslim [Judges], including the [Chief Justice], to be appointed by the President].
(3) The [Chief Justice] shall be a person who is, or has been, or is qualified to be, a Judge of the Supreme Court or who is a or has been a permanent of a High Court Judge.
(3A) Of the Judges, not more than four shall be persons each one of whom is, or has been, or is qualified to be, a Judge of a High Court and not more than three shall be Ulema who are well-versed in Islamic Law.]
(4) The [Chief Justice] and a [Judge] shall hold office for a period not exceeding three years but may be appointed for such further term or terms as the President may determine:
Provided that a Judge of a High Court shall not be appointed to be a [Judge] for a period exceeding [two years] except with his consent and [, except where the Judge is himself the Chief Justice,] after consultation by the President with the Chief Justice of the High Court.
[(4-A) The [Chief Justice], if he is not a Judge of the Supreme Court, and a [Judge] who is not a Judge of a High Court, may, by writing under his hand addressed to the President, resign his office.]
Provisions of Chapter to override other Provisions of Constitution Definitions The Federal Shariat Court
[203CC [(4-B) The President may, at any time, by order in writing,
(a) modify the term of appointment of a Judge;
(b) assign to a Judge any other office; and
(c) require a Judge to perform such other functions as the President may deem fit; and pass such other order as he may consider appropriate.
Explanation._ In this clause and clause (4-C). “Judge” includes Chief Justice.
(4-C) While he is performing the functions which he is required under clause (4-B) to perform, or holding any other office assigned to him under that clause, a Judge shall be entitled to the same salary, allowances and privileges as are admissible to the Chief Justice or, as the case may be, Judge of the Court.]
(5) A Judge of High Court who does not accept appointment as a [Judge] shall be deemed to have retired from his office and, on such retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service, if any, in the service of Pakistan.
(6) The Principal seat of the Court shall be at Islamabad, but the Court may from time to time sit in such other places in Pakistan as the [Chief Justice] may, with the approval of the President appoint.
(7) Before entering upon office, the [Chief Justice] the and [Judge] shall make before the President or a person nominated by him oath in the form set out, in the Third Schedule.
(8) At any time when the [Chief Justice] or a [Judge] is absent or is unable to perform the functions of the office, the President shall appoint another person qualified for the purpose to act as [Chief Justice] or, as the case may be,[Judge].
(9) A [Chief Justice] who is not a Judge of the Supreme Court shall be entitled to the same salary, allowances and privileges as are admissible to a Judge of the Supreme Court and a [Judge] who is not a Judge of High Court shall be entitled to the same salary, allowances and privileges as are admissible to a Judge of a High Court.[Panel of Ulema and Ulema members.] Omitted by the Constitution (Second Amdt) Order, 1981 (P.O No. 7 of 1981), Art. 3, which was previously ins. By P.O. No. 5 of1981, Art 2.
203-D. (1) The Court may, [either of its own motion or] on the petition of a citizen of Pakistan or the Federal Government or a Provincial Government, examine and decide the question whether or not any law or provision of law is repugnant to the Injunctions of Islam as laid down in the Holy Quran’ and the Sunnah of the Holy Prophet, (PBUH), hereinafter referred to as the Injunctions of Islam.
[(1-A) Where the Court takes up the examination of any law or provision of law under clause (1) and such law or provision of law appears to it to be repugnant to the Inunctions of Islam, the Court shall cause to be given to the Federal Government in the case of a law with respect to a matter in the Federal Legislative List or the Concurrent Legislative List, or to the Provincial Government in the case of a law with respect to a matter not enumerated in the either of those Lists, a notice specifying the particular provisions that appear to it to be so repugnant, and afford to such Government adequate opportunity to have it point of view
placed before the Court.]
(2) If the Court decides that any law or provision of Law is repugnant to the Injunctions of Islam, it shall set out in its decision.
(a) the reasons for its holding that opinion; and
(b) the extent to which such law or provision is so repugnant; and specify the day on which the decision
shall take effect: [Provided that no such decision shall be deemed to take effect before the expiration of the period within which an appeal therefrom may be preferred to the Supreme Court or, where an appeal has been so preferred, before the disposal of such appeal].
(3) If any law or provision of law is held by the Court to be repugnant to the Inunctions of Islam,
(a) the President in the case of a law with respect to a matter in the Federal Legislative List or the Concurrent Legislative List, or the Governor in the case of a law with respect to a matter not enumerated in either of those Lists, shall take steps to amend the law so as to bring such law or
provision into conformity with the Inunctions of Islam; and
(b) such law or provision shall, to the extent to which it is held to be so repugnant, cease to have effect on the day on which the decision of the Court takes effect.
Powers, Jurisdiction and Functions of the Court[203DD.
(1) The Court may call for an examine the record of any case decided by any criminal Court under any law relating to the enforcement of Hudood for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed by, and as to the regularity of any proceedings of such Court and may, when calling for such record, direct that the execution of any sentence be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.
(2) In any case the record of which has been called for by the Court, the Court may pass such order as it may deem fit and may enhance the sentence:
Provided that nothing in this Article shall be deemed to
authorise the Court to convert a finding of acquittal into one
of conviction and no order under this Article shall be made to
the prejudice of the accused unless he has had an
opportunity of being heard in this own defence.
(3) The Court shall have such other jurisdiction as may be conferred on it by or under any law].
203-E (1) For the purposes of the performance of its functions the Court shall have the powers of a civil Court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits; and
(d) issuing commissions for the examination of witnesses or documents.
(2) The court shall have power to conduct its proceedings and regulate its procedure in all respects as it
deems fit.
(3) The Court shall have the power of a High Court to punish its own contempt.
(4) A party to any proceedings before the Court under clause (1) of Article 203-D may be represented by a legal practitioner who is a Muslim and has been enrolled as an Advocate of a High Court for a period of not less than five years or as an Advocate of the Supreme Court or by a jurisconsult selected by the party from out of a panel of jurisconsults maintained by the Court for the purpose.
(5) For being eligible to have his name borne on the panel of jurisconsults referred to in clause (4), a person shall Revision and other Jurisdiction of the Court Powers and Procedure of the Court
be an Aalim who in the opinion of the Court, is well-versed in Shariat.
(6) A legal practitioner or jurisconsult representing a party before the Court shall not plead for the party but shall state, expound and interpret the Injunction of Islam relevant to the proceedings so far as may be known to him and submit to the Court a written statement of his interpretation of such Injunction of Islam.
(7) The Court may invite any person in Pakistan or abroad whom the Court considers to be well-versed in Islamic law to appear before it and render such assistance as may be required of him.
(8) No court-fee shall be payable in respect of any petition or application made to the Court under [Article 203D].
[(9) The Court shall have power to review any decision given or order made by it].
203-F (1) Any party to any proceedings before the Court under Article 203-D aggrieved by the final decision of the Court in such proceedings may, within sixty days of such decision, prefer an appeal to the Supreme Court: [Provided that an appeal on behalf of the Federation or of a Province may be preferred within six months of such decision].
(2) The provisions of clauses (2) and (3) of Article 203-D and clauses (4) to (8) of Article 203-E shall apply to and in relation to the Supreme Court as if reference in those provisions to Court were a reference to the Supreme Court.
[(2A) An appeal shall lie to the Supreme Court from any judgement, final order or sentence of the Federal Shariat Court
(a) if the Federal Shariat Court has on appeal reversed an order of acquittal of an accused person
and sentenced him to death or imprisonment for life or imprisonment for a term exceeding fourteen years;
or, on revision, has enhanced a sentence as aforesaid; or
(b) if the Federal Shariat Court has imposed any punishment on any person for contempt of court.
(2B) An appeal to the Supreme Court from a judgment, decision, order or sentence of the Federal Shariat Court in a case to which the preceding clauses do not apply shall lie only if the Supreme Court grants leave to appeal.]
Appeal toSupreme Court
[(3) For the purpose of the exercise of the jurisdiction conferred by this Article, there shall be constituted in the Supreme Court a Bench to be called the Shariat Appellate Bench and consisting of –
(a) three Muslim Judges of the Supreme Court;and
(b) not more than two Ulema to be appointed by the President to attend the sitting of the Bench and ad
hoc member thereof from amongst the Judges of the Federal Shariat Court or from out of a panel of Ulema
to be drawn up by the President in consultation with the Chief Justice.
(4) A person appointed under paragraph (b) of clause (3) shall hold office for such period as the President may determine.
(5) Reference in clauses (1) and (2) to “Supreme Court” shall be construed as a reference to the Shariat Appellate
Bench.
(6) While attending sittings of the Shariat Appellate Bench a person, appointed under paragraph (b) of clause (3) shall have the same power and jurisdiction and be entitled to the same privileges, as a Judge of the Supreme Court, and be paid such allowances as the President may determine.]
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