184. (1) The Supreme Court shall, to the exclusion of every other Court, have original jurisdiction in any dispute between any two or more Governments.
Explanation. _ In this clause, “Governments” means the Federal Government and the Provincial Governments.
(2) In the exercise of the jurisdiction conferred on it by clause (1), the Supreme Court shall pronounce declaratory judgments only.
(3) Without prejudice to the provisions of Articles 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II is involved, have the power to make an order of the nature mentioned in the said Article.
185. (1) Subject to this Article, the Supreme Court shall have jurisdiction to hear and determine appeals from judgments, decrees, final orders or sentences of a High Court.
(2) An appeal shall lie to the Supreme Court from any judgment, decree, final order or sentence of a High Court
(a) if the High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to transportation for life or imprisonment for life; or, on revision, has enhanced a sentence to a sentence as aforesaid; or
(b) if the High Court has withdrawn for trial before itself any case from any Court subordinate to it and
has in such trial convicted the accused person and sentenced him as aforesaid; or
(c) if the High Court has imposed any punishment on any person for contempt of the High Court; or
(d) if the amount or value of the subject-matter of the dispute in the Court of first instance was, and also
in dispute in appeal is, not less than fifty thousand rupees or such other sum as may be specified in that
behalf by Act of [Majlis-I-Shoora (Parliament)] and the judgment, decree or final order appealed from has
varied or set aside the judgment, decree or final order of the Court immediately below; or
(e) if the judgment, decree or final order involves directly or indirectly some claim or question
respecting property of the like amount or value and the judgment, decree or final order appealed from has
varied or set aside the judgment, decree or final order of the Court immediately below; or
(f) if the High Court certifies that the case involves a substantial question of law as to the
interpretation of the Constitution.
(3) An appeal to the Supreme Court from a judgment, decree, order or sentence of a High Court in a case to which clause (2) does not apply shall lie only if the Supreme Court grants leave to appeal.
186. (1) If, at any time, the President considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration.
(2) The Supreme Court shall consider a question so referred and report its opinion on the question to the President. 186A The Supreme Court may, if it considers it expedient to do so in the interest of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.]
187. (1) [Subject to clause (2) of Article 175, the] Supreme Court shall have power to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it, including an order for the purpose of securing the attendance of any person or the discovery or production of any document.
(2) Any such direction, order or decree shall be enforceable throughout Pakistan and shall, where it is to be executed in a Province, or a territory or an area not forming part of a Province but within the jurisdiction of the High Court of the Province, be executed as if it had been issued by the High Court of that Province.
(3) If a question arises as to which High Court shall give effect to a direction, order or decree of the Supreme Court, the decision of the Supreme Court on the question shall be final.
188. The Supreme Court shall have power, subject to the provisions of any Act of [Majlis-I-Shoora (Parliament)] and of any rules made by the Supreme Court, to review any judgment pronounced or any order made by it.
189. Any decision of the Supreme 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 other Courts in Pakistan.
190. All executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court.
191. Subject to the Constitution and law, the Supreme Court may make rules regulating the practice and procedure of the Court.
192. (1) a High Court shall consist of a Chief Justice and so many other Judges as may be determined by law or, until so determined, as may be fixed by the President. [(2) The Sind & Baluchistan High Court shall cease to function as a common High Court for the Provinces of Baluchistan and Sind.
(3) The President shall, by Order, establish a High Court for each of the Provinces of Baluchistan and Sind and may make such provision in the Order for the principal seats of the two High Courts, transfer of the Judges of the common High Court, transfer of cases pending in the common High Court immediately before the establishment of two high Courts and, generally, for matters consequential or ancillary to the common High Court ceasing to function and the establishment of the two High Courts as he may deem fit].
(4) The jurisdiction of a High Court may, by act of [Majlis-IShoora(Parliament)], be extended to any area in Pakistan not forming part of a Province.
193. (1) A Judge of a High Court shall be appointed by the President after consultation
(a) with the Chief Justice of Pakistan;
(b) with the Governor concerned; and
(c) except where the appointment is that of Chief Justice, with the Chief Justice of the High Court.
(2) A person shall not be appointed a Judge of a High Court unless he is a citizen of Pakistan, is not less than forty years of age, and-
(a) he has for a period of, or for periods aggregating, not less than ten years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day) ; or
(b) he is, and has for a period of not less than ten years been, a member of civil service prescribed by
law for the purposes of this paragraph, and has, for a period of not less than three years, served as or
exercised the functions of a District Judge in Pakistan; or
(c) he has, for a period of not less than ten years, held a judicial office in Pakistan.
Explanation. _ In computing the period during which a person has been an advocate of a High Court or held judicial office, there shall be included any period during which he has held judicial office after he became an advocate or, as the case may be, the period during which he has been an advocate after having held judicial office].
(3) In this Article, “District Judge” means Judge of a principal civil Court of original jurisdiction.
194. Before entering upon office, the Chief Justice of a High Court shall make before the Governor, and any other Judge of the Court shall make before the Chief Justice, oath in the form set out in the Third Schedule.
195. [(1)] A Judge of a High Court shall hold office until he attains the age of sixty-two years, unless he sooner resigns or is removed from office in accordance with the Constitution.
(2) to (6). [Omitted by P.O. 14 of 1985 Vide Explanationunder Article 2(1) of the Law (Continuance in Fore) Order (Iof 1977)]
196. At any time when
(a) the office of Chief Justice of a High Court is vacant, or
(b) the Chief Justice of a High Court is absent or is unable to perform the functions of his office due to
any other cause,
the President shall appoint [one of the other Judges of the High Court, or may request one of the Judges of the Supreme Court] to act as Chief Justice.
197. At any time when
(a) the office of a Judge of a High Court is vacant;
or
(b) a Judge of High Court is absent or is unable to perform the functions of his office due to any other
cause; or
(c) for any reason it is necessary to increase the number of Judges of a High Court,
the President may, in the manner provided in clause (i) of Article 193, appoint a person qualified for appointment as a Judge of the High Court to be Additional Judge of the Court for such period as the President may determine, being a period not exceeding such period, if any, as may be prescribed by law.
Oath of Office Retiring age Acting Chief Justice Additional Judges
198. [(1)] Each High Court in existence immediately before the commencing day shall continue to have its principal seat at the place where it had such seat before that day.
(2) Each High Court and the Judges and divisional courts thereof shall sit at its principal seat and the seats of its Benches and may hold, at any place within its territorial jurisdiction, circuit courts consisting of such of the Judges as may be nominated by the Chief Justice.
(3) The Lahore High Court shall have a Bench each at Bahawalpur, Multan and Rawalpindi, the High Court of Sind shall have a Bench at Sukkur, the Peshawar High Court shall have a Bench each at Abbottabad and Dera Ismail Khan and the High Court of Baluchistan shall have a Bench at Sibi.
(4) Each of the High Courts may have Benches at such other places as the Governor may determine on the advice of the Cabinet and in consultation with the Chief Justice of the High Court.
(5) A Bench referred to in clause (3), or established under clause (4), shall consist of such of the Judges of the High Court as may be nominated by the Chief Justice from time to time for a period of not less than one year.
(6) The Governor in consultation with the Chief Justice of the High Court shall make rules to provide the following matters, that is to say,
(a) assigning the area in relation to which each Bench shall exercise jurisdiction vested in the High
Court; and
(b) for all incidental, supplemental or consequential matters.]
199. (1) Subject to the Constitution, a High Court may, if it is satisfied that no other adequate remedy is provided by law,-
(a) on the application of any aggrieved party make an order
(i)
directing a person performing, within the territorial jurisdiction of the Court, functions in
connection with the affairs of the Federation, a Province or a local authority, to refrain from doing anything he is not permitted by law to do, or to do anything he is required by law to do ;
or
(ii) declaring that any act done or proceeding taken within the territorial jurisdiction of the
Court by a person performing functions inconnection with the affairs of the Federation, a Province or a local authority has been done or taken without lawful authority and is of no legal
effect; or
(b) on the application of any person, make an order
(i)
directing that a person in custody within the territorial jurisdiction of the Court be brought
before it so that the Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner; or
(ii) requiring a person within the territorial jurisdiction of the Court holding or purporting to
hold a public office to show under what authority of law he claims to hold that office; or
(c) on the application of any aggrieved person,make an order giving such directions to any person or
authority, including any Government exercising any power or performing any function in, or in relation to,
any territory within the jurisdiction of that Court as may be appropriate for the enforcement of any of the
Fundamental Rights conferred by Chapter I of Part II.
(2) Subject to the Constitution, the right to move a High Court for the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II shall not be abridged.
(3) An order shall not be made under clause (1) on application made by or in relation to a person who is a member of the Armed Forces of Pakistan, or who is for the time being subject to any law relating to any of those Forces, in respect of his terms and conditions of service, in respect of any matter arising out of his service, or in respect of any action taken in relation to him as a member of the Armed Forces of Pakistan or as a person subject to such law].
* * * * * * *
(4) Where-
(a) an application is made to a High Court for an order under paragraph (a) or paragraph (c) of clause
(1), and
(b) the making of an interim order would have the effect of prejudicing or interfering with the carrying out
of a public work or of otherwise being harmful to public interest [or State property] or of impeding the
assessment or collection of public revenues,the Court shall not make an interim order unless the
prescribed law officer has been given notice of the application and he or any person authorised by him in that
behalf has had an opportunity of being heard and the Court,for reasons to be recorded in writing, is satisfied that the interim order
(i) would not have such effect as aforesaid; or
(ii) would have the effect of suspending an order or proceeding which on the face of the record
is without jurisdiction.[(4-A) An interim order made by a High Court on an application made to it to question the validity or legal effect of any order made, proceeding taken or act done by any authority or person, which has been made, taken or done or purports to have been made, taken or done under any law
which is specified in Part I of the First Schedule or relates to, or is connected with [State property or] assessment or collection of public revenues shall cease to have effect on the expiration of a period of [six months] following the day on which it is made, unless the case is finally decided, or the interim order is withdrawn, by the Court earlier].
[(4-B) Every case in which, on an application under clause (1), the High Court has made an interim order shall be disposed of by the High Court on merits within six months from the day on which it is made, unless the High Court is prevented from doing so for sufficient cause to be recorded.]
(5) In this Article, unless the context otherwise requires,-
“person” includes any body politic or corporate, any authority of or under the control of the Federal
Government or of a Provincial Government, and any Court or tribunal, other than the Supreme Court, a
High Court or a Court or tribunal established under a law relating to the Armed Forces of Pakistan; and
“prescribed law officer” means
(a) in relation to an application affecting the Federal Government or an authority of or under
the control of the Federal Government, the Attorney-General, and
(b) in any other case, the Advocate General for the Province in which the application is made.
Explanation. _ In this clause, “Governments” means the Federal Government and the Provincial Governments.
(2) In the exercise of the jurisdiction conferred on it by clause (1), the Supreme Court shall pronounce declaratory judgments only.
(3) Without prejudice to the provisions of Articles 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II is involved, have the power to make an order of the nature mentioned in the said Article.
185. (1) Subject to this Article, the Supreme Court shall have jurisdiction to hear and determine appeals from judgments, decrees, final orders or sentences of a High Court.
(2) An appeal shall lie to the Supreme Court from any judgment, decree, final order or sentence of a High Court
(a) if the High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to transportation for life or imprisonment for life; or, on revision, has enhanced a sentence to a sentence as aforesaid; or
(b) if the High Court has withdrawn for trial before itself any case from any Court subordinate to it and
has in such trial convicted the accused person and sentenced him as aforesaid; or
(c) if the High Court has imposed any punishment on any person for contempt of the High Court; or
(d) if the amount or value of the subject-matter of the dispute in the Court of first instance was, and also
in dispute in appeal is, not less than fifty thousand rupees or such other sum as may be specified in that
behalf by Act of [Majlis-I-Shoora (Parliament)] and the judgment, decree or final order appealed from has
varied or set aside the judgment, decree or final order of the Court immediately below; or
(e) if the judgment, decree or final order involves directly or indirectly some claim or question
respecting property of the like amount or value and the judgment, decree or final order appealed from has
varied or set aside the judgment, decree or final order of the Court immediately below; or
(f) if the High Court certifies that the case involves a substantial question of law as to the
interpretation of the Constitution.
(3) An appeal to the Supreme Court from a judgment, decree, order or sentence of a High Court in a case to which clause (2) does not apply shall lie only if the Supreme Court grants leave to appeal.
186. (1) If, at any time, the President considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration.
(2) The Supreme Court shall consider a question so referred and report its opinion on the question to the President. 186A The Supreme Court may, if it considers it expedient to do so in the interest of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.]
187. (1) [Subject to clause (2) of Article 175, the] Supreme Court shall have power to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it, including an order for the purpose of securing the attendance of any person or the discovery or production of any document.
(2) Any such direction, order or decree shall be enforceable throughout Pakistan and shall, where it is to be executed in a Province, or a territory or an area not forming part of a Province but within the jurisdiction of the High Court of the Province, be executed as if it had been issued by the High Court of that Province.
(3) If a question arises as to which High Court shall give effect to a direction, order or decree of the Supreme Court, the decision of the Supreme Court on the question shall be final.
188. The Supreme Court shall have power, subject to the provisions of any Act of [Majlis-I-Shoora (Parliament)] and of any rules made by the Supreme Court, to review any judgment pronounced or any order made by it.
189. Any decision of the Supreme 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 other Courts in Pakistan.
190. All executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court.
191. Subject to the Constitution and law, the Supreme Court may make rules regulating the practice and procedure of the Court.
192. (1) a High Court shall consist of a Chief Justice and so many other Judges as may be determined by law or, until so determined, as may be fixed by the President. [(2) The Sind & Baluchistan High Court shall cease to function as a common High Court for the Provinces of Baluchistan and Sind.
(3) The President shall, by Order, establish a High Court for each of the Provinces of Baluchistan and Sind and may make such provision in the Order for the principal seats of the two High Courts, transfer of the Judges of the common High Court, transfer of cases pending in the common High Court immediately before the establishment of two high Courts and, generally, for matters consequential or ancillary to the common High Court ceasing to function and the establishment of the two High Courts as he may deem fit].
(4) The jurisdiction of a High Court may, by act of [Majlis-IShoora(Parliament)], be extended to any area in Pakistan not forming part of a Province.
193. (1) A Judge of a High Court shall be appointed by the President after consultation
(a) with the Chief Justice of Pakistan;
(b) with the Governor concerned; and
(c) except where the appointment is that of Chief Justice, with the Chief Justice of the High Court.
(2) A person shall not be appointed a Judge of a High Court unless he is a citizen of Pakistan, is not less than forty years of age, and-
(a) he has for a period of, or for periods aggregating, not less than ten years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day) ; or
(b) he is, and has for a period of not less than ten years been, a member of civil service prescribed by
law for the purposes of this paragraph, and has, for a period of not less than three years, served as or
exercised the functions of a District Judge in Pakistan; or
(c) he has, for a period of not less than ten years, held a judicial office in Pakistan.
Explanation. _ In computing the period during which a person has been an advocate of a High Court or held judicial office, there shall be included any period during which he has held judicial office after he became an advocate or, as the case may be, the period during which he has been an advocate after having held judicial office].
(3) In this Article, “District Judge” means Judge of a principal civil Court of original jurisdiction.
194. Before entering upon office, the Chief Justice of a High Court shall make before the Governor, and any other Judge of the Court shall make before the Chief Justice, oath in the form set out in the Third Schedule.
195. [(1)] A Judge of a High Court shall hold office until he attains the age of sixty-two years, unless he sooner resigns or is removed from office in accordance with the Constitution.
(2) to (6). [Omitted by P.O. 14 of 1985 Vide Explanationunder Article 2(1) of the Law (Continuance in Fore) Order (Iof 1977)]
196. At any time when
(a) the office of Chief Justice of a High Court is vacant, or
(b) the Chief Justice of a High Court is absent or is unable to perform the functions of his office due to
any other cause,
the President shall appoint [one of the other Judges of the High Court, or may request one of the Judges of the Supreme Court] to act as Chief Justice.
197. At any time when
(a) the office of a Judge of a High Court is vacant;
or
(b) a Judge of High Court is absent or is unable to perform the functions of his office due to any other
cause; or
(c) for any reason it is necessary to increase the number of Judges of a High Court,
the President may, in the manner provided in clause (i) of Article 193, appoint a person qualified for appointment as a Judge of the High Court to be Additional Judge of the Court for such period as the President may determine, being a period not exceeding such period, if any, as may be prescribed by law.
Oath of Office Retiring age Acting Chief Justice Additional Judges
198. [(1)] Each High Court in existence immediately before the commencing day shall continue to have its principal seat at the place where it had such seat before that day.
(2) Each High Court and the Judges and divisional courts thereof shall sit at its principal seat and the seats of its Benches and may hold, at any place within its territorial jurisdiction, circuit courts consisting of such of the Judges as may be nominated by the Chief Justice.
(3) The Lahore High Court shall have a Bench each at Bahawalpur, Multan and Rawalpindi, the High Court of Sind shall have a Bench at Sukkur, the Peshawar High Court shall have a Bench each at Abbottabad and Dera Ismail Khan and the High Court of Baluchistan shall have a Bench at Sibi.
(4) Each of the High Courts may have Benches at such other places as the Governor may determine on the advice of the Cabinet and in consultation with the Chief Justice of the High Court.
(5) A Bench referred to in clause (3), or established under clause (4), shall consist of such of the Judges of the High Court as may be nominated by the Chief Justice from time to time for a period of not less than one year.
(6) The Governor in consultation with the Chief Justice of the High Court shall make rules to provide the following matters, that is to say,
(a) assigning the area in relation to which each Bench shall exercise jurisdiction vested in the High
Court; and
(b) for all incidental, supplemental or consequential matters.]
199. (1) Subject to the Constitution, a High Court may, if it is satisfied that no other adequate remedy is provided by law,-
(a) on the application of any aggrieved party make an order
(i)
directing a person performing, within the territorial jurisdiction of the Court, functions in
connection with the affairs of the Federation, a Province or a local authority, to refrain from doing anything he is not permitted by law to do, or to do anything he is required by law to do ;
or
(ii) declaring that any act done or proceeding taken within the territorial jurisdiction of the
Court by a person performing functions inconnection with the affairs of the Federation, a Province or a local authority has been done or taken without lawful authority and is of no legal
effect; or
(b) on the application of any person, make an order
(i)
directing that a person in custody within the territorial jurisdiction of the Court be brought
before it so that the Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner; or
(ii) requiring a person within the territorial jurisdiction of the Court holding or purporting to
hold a public office to show under what authority of law he claims to hold that office; or
(c) on the application of any aggrieved person,make an order giving such directions to any person or
authority, including any Government exercising any power or performing any function in, or in relation to,
any territory within the jurisdiction of that Court as may be appropriate for the enforcement of any of the
Fundamental Rights conferred by Chapter I of Part II.
(2) Subject to the Constitution, the right to move a High Court for the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II shall not be abridged.
(3) An order shall not be made under clause (1) on application made by or in relation to a person who is a member of the Armed Forces of Pakistan, or who is for the time being subject to any law relating to any of those Forces, in respect of his terms and conditions of service, in respect of any matter arising out of his service, or in respect of any action taken in relation to him as a member of the Armed Forces of Pakistan or as a person subject to such law].
* * * * * * *
(4) Where-
(a) an application is made to a High Court for an order under paragraph (a) or paragraph (c) of clause
(1), and
(b) the making of an interim order would have the effect of prejudicing or interfering with the carrying out
of a public work or of otherwise being harmful to public interest [or State property] or of impeding the
assessment or collection of public revenues,the Court shall not make an interim order unless the
prescribed law officer has been given notice of the application and he or any person authorised by him in that
behalf has had an opportunity of being heard and the Court,for reasons to be recorded in writing, is satisfied that the interim order
(i) would not have such effect as aforesaid; or
(ii) would have the effect of suspending an order or proceeding which on the face of the record
is without jurisdiction.[(4-A) An interim order made by a High Court on an application made to it to question the validity or legal effect of any order made, proceeding taken or act done by any authority or person, which has been made, taken or done or purports to have been made, taken or done under any law
which is specified in Part I of the First Schedule or relates to, or is connected with [State property or] assessment or collection of public revenues shall cease to have effect on the expiration of a period of [six months] following the day on which it is made, unless the case is finally decided, or the interim order is withdrawn, by the Court earlier].
[(4-B) Every case in which, on an application under clause (1), the High Court has made an interim order shall be disposed of by the High Court on merits within six months from the day on which it is made, unless the High Court is prevented from doing so for sufficient cause to be recorded.]
(5) In this Article, unless the context otherwise requires,-
“person” includes any body politic or corporate, any authority of or under the control of the Federal
Government or of a Provincial Government, and any Court or tribunal, other than the Supreme Court, a
High Court or a Court or tribunal established under a law relating to the Armed Forces of Pakistan; and
“prescribed law officer” means
(a) in relation to an application affecting the Federal Government or an authority of or under
the control of the Federal Government, the Attorney-General, and
(b) in any other case, the Advocate General for the Province in which the application is made.
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