CONSTITUTION (SECOND AMENDMENT) ORDER, 1979
PRESIDENTS ORDER 21 OF 1979
[ Gazette of Pakistan, Extraordinary, Part 1, 18th October, 1979 ]
No. F.17(2)/79-Pub
The following Order made by the President on the 16th
October, 1979 is hereby published for general information:-
In pursuance of the Proclamation of the fifth day of July, 1977, read with the
Laws (Continuance in Force) Order, 1977 (C.M.L.A. Order No. l of 1977), and in
exercise of all powers enabling him in that behalf, the President is pleased to
make the following Order:-
- 1.
- Short title and commencement.
- (1)
- This Order may be called the Constitution
(Second Amendment) Order, 1979.
- (2)
- It shall come into force at once and shall be deemed to have taken effect
on the fifth day of July,1977.
- 2.
- Addition of new Article 212-A in the Constitution.
In the Constitution,
in Part VII, after Article 212, the following new Article shall be added,
namely:-
- 212A
- Establishment of Military Courts or Tribunals.
- (l)
- Notwithstanding anything herein before contained, the Chief Martial Law
Administrator may, by a Martial Law Order, provide for the establishment of one
or more Military Courts or Tribunals for the trial of offences punishable under
the Martial Law Regulations or Martial Law Orders or any other law, including a
special law, for the time being in force specified in the said Martial Law
Order and for the transfer of cases to such Courts or Tribunals.
- (2)
- The jurisdiction and powers of a Military Court or Tribunal shall be such
as may be specified in a Martial Law Order issued by the Chief Martial
Law Administrator.
- (3)
- Notwithstanding anything herein before contained, where any Military
Court or Tribunal is established, no other Court, including a High Court, shall
grant an injunction, make any order or entertain any proceedings in respect of
any matter to which the jurisdiction of the Military Court or Tribunal extends
and of which cognizance has been taken by, or which has been transferred to,
the Military Court or Tribunal and all proceedings in respect of any such
matter which may be pending before such other Court, other than an appeal
pending before the Supreme Court shall abate.
Thanks:: Mr Abdul Hameed Cheema (ahchima@brain.net.pk)
shehzaad@cs.stanford.edu