"(2) Notwithstanding anything contained in Article 175, any two provinces may, with the consent of the President, agree that there shall be a common High Court for the two Provinces, and the President shall establish a common High Court accordingly.

Explanation.- The Sind and Baluchistan High Court as functioning immediately before the commencing day shall be deemed to have been established under this clause.

(3) A High Court established under clause (2) shall have jurisdiction in both the Provinces for which it has been established.

(4) The agreement referred to in clause (2) shall contain such incidental and consequential provisions, including provisions relating to sharing of expenditure connected with the high Court, as may appear necessary or desirable for giving effect to the purposes of the agreement and shall specify by which Governor any function which is to be discharged by the Governor of a Province under this Chapter shall be discharged in respect of the High Court, and the Governor so specified shall have the power to discharge that function."

^[174A]

[195.

(1)] A Judge of a High Court shall hold office until he attains the age of ^[174B][sixty-two years], unless he sooner resigns or is removed from office in accordance with the Constitution.

[175] * * *

"(2) The Chief Justice of a High Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment) Act, 1976, shall, unless he sooner attains the age of sixty-two years, hold office for a term of four years and shall thereafter have the option either:

(a) to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-two years; or

(b) to assume the office of the most senior of the other Judges of the High Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice.

(3) When a Judge assumes the office of the most senior of the other Judges of a High Court under clause (2), the Judges who was until then the most senior of the other Judges shall rank next after him in order of seniority.

(4) A person who has once held office as Chief Justice of a High Court, otherwise than under Article 196, shall not again be appointed to be the Chief Justice of that High Court.

(5) The provisions of clauses (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275.

(6) Notwithstanding anything contained in clause (1) or clause (2), a Chief Justice of a High Court who attains the age of sixty-two years before he has held that office for a term of four years may continue to hold that office until he has completed that term."

"(3) An order shall not be made under clause (1) on application made by or in relation to a member of the Armed Forces of Pakistan 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."

"(3A) A High Court shall not make an order under clause (1)

(a) Prohibiting the making of an order for the detention of a person, or

(b) for the grant of bail to a person detained, under any law providing for preventive detention."

"(3A) A High Court shall not make under this Article:-

(a) an order prohibiting the making, or suspending the operation,of an order for the detention of any person under any law providing for preventive detention;

(b) an order for the release on bail of any person detained under any law providing for preventive detention;

(c) an order for the release on bail, or an order suspending the operation of an order for the custody, of any person against whom a report or complaint has been made before any court or tribunal, or against whom a case has been registered at any police station, in respect of an offence, or who has been convicted by any court or tribunal.

(d) an order prohibiting the registration of a case at a police station, or the making of a report or complaint before any court or tribunal, in respect of an offence; or

(e) any other interim order in respect of any person referred to in any of the preceding paragraphs.

(3B) Every such order as is referred to in clause (3A) made at any time after the commencement of the Constitution (Fourth Amendment) Act, 1975, shall cease to have effect and all applications for the making of any such order that may be pending before any High Court shall abate.

(3C) The provisions of clauses (3A) and (3B) shall also apply to the disposal of an application in a petition for leave to appeal or in an appeal, from an order such as is referred to in the said clause (3A) that my be pending-before the Supreme Court immediately before the commencement of the Constitution (Fifth Amendment) Act, 1976."

(3A) Notwithstanding any judgment of any Court, including any judgment in respect of the powers of Courts relating to judicial review, a High Court shall not, under this Article:-

(a) make an order relating to the validity or effect of,any Martial Law Regulation made by the Chief Martial Law Administrator or any Martial Law Order made by the Chief Martial Law Administrator or a Martial Law Administrator or of anything done, or intended to be done or taken, thereunder;

(b) make an order relating to the validity or effect of any judgment or sentence passed by a Military Court or Tribunal;

(c) grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of a Military Court or Tribunal extends and of which cognizance has been taken by a Military Court or Tribunal; or

(d) issue any process against the Chief Martial Law Administrator or a Martial Law Administrator or any person acting under the authority of either.

(3B) Every such order, injunction or process as is referred to in clause (3-A) made, granted or issued at any time before or after the commencement of the Constitution(Amendment)Order, 1980, shall, notwithstanding any judgment of any Court, be null and void and of no effect whatsoever and any proceedings for the making, granting or issue Of such order, injunction or process which may be pending before any Court, including the Supreme Court and a High Court, shall abate.

(3C) The Proclamation of the fifth day of July 1977, all President's Orders, Orders of the Chief Martial Law Administrator, Martial Law Regulations and Martial Law Orders made on or after the fifth day of July 1977, are hereby declared, notwithstanding any judgment of any Court, to have been validly made."

(4B) 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.

"(2) When a judge is so transferred, he shall, during the period for which he serves as a judge of the High Court to which he is transferred, be entitled to such compensatory allowance, in addition to his salary, as the President may, by Order, determine."