Chapter 3A: Federal Shariat Court 459
| Provisions of Chapter to override other Provisions of Constitution The provisions or this Chapter shall have effect notwithstanding anything contained in the Constitution. |
||||||||||||||||||||||||||||||||||||||||||||
| Definitions. In this Chapter, unless there is anything repugnant in the subject or context 460[
|
||||||||||||||||||||||||||||||||||||||||||||
| The Federal Shariat Court.
|
||||||||||||||||||||||||||||||||||||||||||||
| Powers, Jurisdiction and Functions of the Court.
|
||||||||||||||||||||||||
| Revision and other Jurisdiction of the Court.
|
||||||||||||
| Powers and Procedure of the Court.
|
||||||||||||||||||||||||||||||||||||||||||||
| Appeal to Supreme Court
|
||||||||||||||||||||||||||||||||||||||||||||
| Bar of Jurisdiction Save as provided in Article 203F, no court or tribunal, including the Supreme Court and a High Court, shall entertain any proceeding or exercise any power or jurisdiction in respect of any matter within the power or jurisdiction of the Court. |
||||||||||||||||||||||||||||||||||||||||||||
| Decision of Court binding on High Court and Courts subordinate to it Subject to Article 203D and 203F, any decision of the Court in the exercise of its jurisdiction under this Chapter shall be binding on a High Court and on all courts subordinate to a High Court. |
| Pending proceedings to continue, etc.
|
||||||||||||
| Power to make Rules.
|
||||||||||||||||||||||
Notes
459
Substituted by Constitution (Amendment) Order, 1980 (President's Order No. 1 of 1980), Section 3
(with effect from
May 26, 1980) for Chapter 3A: "Shariat Bench of Superior Courts"
460
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 2(a)
(with effect from
March 22, 1982) for :
(a) "Chairman" means chairman of the Court;"
461
Inserted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 2(a)
(with effect from
March 22, 1982).
462
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Section 2, Sch. item 42
(with effect from
March 2, 1985) for " 463[five] 463".
463
Substituted by Constitution (Second Amendment) Order, 1984 (President's Order No. 2 of 1984), Section 2
(with effect from
April 26, 1984) for " 464[four] 464".
464
Substituted by Constitution (Second Amendment) Order, 1983 (President's Order No. 7 of 1983), Section 2
(with effect from
May 19, 1983) for "three".
465
The following was omitted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 2(a)
(with effect from
March 22, 1982) : :
(d) 'member' means member of the Court.
466
Substituted by Constitution (Second Amendment) Order, 1981 (President's Order No. 7 of 1981), Section 2
(with effect from
May 27, 1981) for :
(2) The Court shall consist of five 470[Muslim] 470members including the Chairman to be appointed by the President.
467
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(a)
(with effect from
March 22, 1982) for "members".
468
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(b)
(with effect from
March 22, 1982) for "Chairman".
469
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 74(i)
(with effect from
April 19, 2010).
470
Inserted by Constitution (Second Amendment) Order, 1980 (President's Order No. 4 of 1980), Section 2(a)
(with effect from
June 21, 1980).
471
Substituted by Constitution (Third Amendment) Order, 1985 (President's Order No. 24 of 1985), Section 4(a)
(with effect from
March 19, 1985) for :
(3) The Chairman shall be a person who is, or has been or is qualified to be a Judge of the Supreme Court and a member shall be a person who is, or has been or is qualified to be a Judge of a High Court.
472
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 74(ii)
(with effect from
April 19, 2010) for "who are
well-versed in Islamic law".
473
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(b)
(with effect from
March 22, 1982) for "Chairman".
474
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(c)
(with effect from
March 22, 1982) for "member".
475
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 74(iii)
(with effect from
April 19, 2010) : "
for a period exceeding 476[two years] 476".
476
Substituted by Constitution (Third Amendment) Order, 1985 (President's Order No. 24 of 1985), Section 4(b)
(with effect from
March 19, 1985) for "one year".
477
Inserted by Constitution (Second Amendment) Order, 1980 (President's Order No. 4 of 1980), Section 2(b)
(with effect from
June 21, 1980).
478
Inserted by Constitution (Second Amendment) Order, 1980 (President's Order No. 4 of 1980), Section 2(c)
(with effect from
June 21, 1980).
479
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(b)
(with effect from
March 22, 1982) for "Chairman".
480
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(c)
(with effect from
March 22, 1982) for "member".
481
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 43
(with effect from
March 2, 1985).
482
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 74(iv)
(with effect from
April 19, 2010) for :
(4B) 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 (4C), "Judge" includes Chief Justice.
483
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 74(v)
(with effect from
April 19, 2010) : :
(4C) While he is performing the functions which he is required under clause (4B) 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.
484
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 74(v)
(with effect from
April 19, 2010) : :
(5) A Judge of a High Court who does not accept appointment as a 485[Judge] 485 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.
485
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(c)
(with effect from
March 22, 1982) for "member".
486
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(b)
(with effect from
March 22, 1982) for "Chairman".
487
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(b)
(with effect from
March 22, 1982) for "Chairman".
488
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(c)
(with effect from
March 22, 1982) for "member".
489
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(b)
(with effect from
March 22, 1982) for "Chairman".
490
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(c)
(with effect from
March 22, 1982) for "member".
491
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(b)
(with effect from
March 22, 1982) for "Chairman".
492
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(c)
(with effect from
March 22, 1982) for "member".
493
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 74(vi)
(with effect from
April 19, 2010).
494
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(b)
(with effect from
March 22, 1982) for "Chairman".
495
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 19(a)
(with effect from
August 21, 2002) for "salary".
496
Substituted by a href="http://www.pakistani.org/pakistan/constitution/orders/po5_1982.html" target="_blank">Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(c)
(with effect from
March 22, 1982) for "member".
497
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 19(a)
(with effect from
August 21, 2002) for "salary".
498
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 19(b)
(with effect from
August 21, 2002) for ".".
499
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 19(b)
(with effect from
August 21, 2002).
500
The following was omitted by Constitution (Second Amendment) Order, 1981 (President's Order No. 7 of 1981), Section 3
(with effect from
May 27, 1981) : :
501[] 501
203CC Panel of Ulema and Ulema members.
(1) The President may, in consultation with the Chairman, draw up a panel of Ulema who are well-versed in Islamic law for being associated with the Court in cases before it. (2) The Chairman shall, in all cases before the Court, request the Ulema not exceeding three, borne on aforesaid panel to attend the sittings of the Court as Ulema members and, while so sitting, they shall have the same power and jurisdiction, and be entitled to the same privileges, as a member and such allowances as may be determined by the President.
501
Inserted by Constitution (Amendment) Order, 1981 (President's Order No. 5 of 1981), Section 2
(with effect from
April 13, 1981).
502
Inserted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 4
(with effect from
March 22, 1982).
503
Inserted by Constitution (Amendment) Order, 1984 (President's Order No. 1 of 1984), Section 2(a)
(with effect from
February 14, 1984).
504
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 75
(with effect from
April 19, 2010) : "or the Concurrent Legislative
List".
505
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 75
(with effect from
April 19, 2010).
506
Substituted by Constitution (Amendment) Order, 1984 (President's Order No. 1 of 1984), Section 2(b)
(with effect from
February 14, 1984) for ".".
507
Inserted by Constitution (Amendment) Order, 1984 (President's Order No. 1 of 1984), Section 2(b)
(with effect from
February 14, 1984).
508
The following was omitted by Constitution (Second Amendment) Order, 1980 (President's Order No. 4 of 1980), Section 3
(with effect from
June 21, 1980) : :
(4) A decision of the Court shall be expressed in terms of the opinion of the majority of its members and shall be published in the official Gazette.
509
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 5
(with effect from
March 22, 1982) for :
510[] 510
203DD Further jurisdiction of the Court
The Court shall have such other jurisdiction as may be conferred on it by or under any law.
510
Inserted by Constitution (Second Amendment) Order, 1980 (President's Order No. 4 of 1980), Section 4
(with effect from
June 21, 1980).
511
Inserted by Constitution (Second Amendment) Order, 1980 (President's Order No. 4 of 1980), Section 5
(with effect from
June 21, 1980).
512
Inserted by Constitution (Amendment) Order, 1981 (President's Order No. 5 of 1981), Section 2
(with effect from
April 13, 1981).
513
Substituted by Constitution (Second Amendment) Order, 1983 (President's Order No. 7 of 1983), Section 2
(with effect from
May 19, 1983) for ".".
514
Inserted by Constitution (Second Amendment) Order, 1983 (President's Order No. 7 of 1983), Section 2
(with effect from
May 19, 1983).
515
Inserted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 6
(with effect from
March 22, 1982).
516
Substituted by Constitution (Third Amendment) Order, 1982 (President's Order No. 12 of 1982), Section 2
(with effect from
August 15, 1982) for :
(3) For the purpose of the exercise of the jurisdiction conferred by this Article, there shall be constituted in the Supreme Court a Bench consisting of three Muslim Judges of the Supreme Court, to be called the Shariat Appellate Bench, and reference in the preceding clauses to "Supreme Court" shall be construed as a reference to the Shariat Appellate Bench.
517
Inserted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 7
(with effect from
March 22, 1982).
518
The following was omitted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 8
(with effect from
March 22, 1982) : :
203I Administrative arrangements, etc.
The Federal Government shall make all such administrative arrangements, and make available to the Court the services of such officers and experts, as it may consider necessary for the convenient performance of the functions of the Court.
519
The following was omitted by Constitution (Second Amendment) Order, 1980 (President's Order No. 4 of 1980), Section 6
(with effect from
June 21, 1980) : "and".
520
Substituted by Constitution (Second Amendment) Order, 1980 (President's Order No. 4 of 1980), Section 6
(with effect from
June 21, 1980) for ".".
521
Inserted by Constitution (Second Amendment) Order, 1980 (President's Order No. 4 of 1980), Section 6
(with effect from
June 21, 1980).
No comments:
Post a Comment