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Part VII: The Judicature

Chapter 4: General Provisions Relating to the Judicature

 522[
204 Contempt of Court.
(1) In this Article, "Court" means the Supreme Court or a High Court.
 
(2) A Court shall have power to punish any person who,
(a) abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the Court;
(b) scandalizes the Court or otherwise does anything which tends to bring the Court or a Judge of the Court into hatred, ridicule or contempt;
(c) does anything which tends to prejudice the determination of a matter pending before the Court; or
(d) does any other thing which, by law, constitutes contempt of the Court.
 
(3) The exercise of the power conferred on a Court by this Article may be regulated by law and, subject to law, by rules made by the Court.
 
 
] 522
205 Remuneration, etc., of Judges.
The remuneration and other terms and conditions of service of a Judge of the Supreme Court or of a High Court shall be as provided in the Fifth Schedule.
 
206 Resignation,
 524[(1)] 524 A Judge of the Supreme Court or a High Court may resign his office by writing under his hand addressed to the President.
 
 525[
(2) A Judge of a High Court who does not accept appointment as a Judge of the Supreme Court 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.
 
] 525
 
207 Judge not to hold Office of Profit, etc.
(1) A Judge of the Supreme Court or of a High Court shall not,
(a) hold any other office of profit in the service of Pakistan if his remuneration is thereby increased; or
(b) occupy any other position carrying the right to remuneration for the rendering of services.
 
(2) A person who has held office as a Judge of the Supreme Court or of a High Court shall not hold any office of profit in the service of Pakistan, not being a judicial or quasi-judicial office or the office of Chief Election Commissioner or of Chairman or member of a law commission or of Chairman or member of the Council of Islamic Ideology, before the expiration of two years after he has ceased to hold that office.
 
(3) A person who has held office as a permanent Judge,
(a) of the Supreme Court, shall not plead or act in any Court or before any authority in Pakistan;
(b) of a High Court, shall not plead or act in any Court or before any authority within its jurisdiction; and
(c) of the High Court of West Pakistan as it existed immediately before the coming into force of the Province of West Pakistan (Dissolution) Order, 1970, shall not plead or act in any Court or before any authority within the jurisdiction of the principal seat of that High Court or, as the case may be, the Permanent Bench of that High Court to which he was assigned.
 
 
208 Officers and Servants of Courts.
The Supreme Court  526[and the Federal Shariat Court] 526, with the approval of the President and a High Court, with the approval of the Governor concerned, may make rules providing for the appointment by the Court of officers and servants of the Court and for their terms and conditions of employment.
 
209 Supreme Judicial Council.
(1) There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council.
 
(2) The Council shall consist of,
(a) the Chief Justice of Pakistan;
(b) the two next most senior Judges of the Supreme Court; and
(c) the two most senior Chief Justices of High Courts.
Explanation:- For the purpose of this clause, the inter se seniority of the Chief Justices of the High Courts shall be determined with reference to their dates of appointment as Chief Justice  527[otherwise than as acting Chief Justice] 527, and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of any of the High Courts.
 
(3) If at any time the Council is inquiring into the capacity or conduct of a Judge who is a member of the Council, or a member of the Council is absent or is unable to act due to illness or any other cause, then
(a) if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who is next in seniority below the Judges referred to in paragraph (b) of clause (2), and
(b) if such member is the Chief Justice of a High Court; the Chief Justice of another High Court who is next in seniority amongst the Chief Justices of the remaining High Courts, shall act as a member of the Council in his place.
 
(4) If, upon any matter inquired into by the Council, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and the report of the Council to the President shall be expressed in terms of the view of the majority.
 
 528[
(5) If, on information from any source, the Council or the President is of the opinion that a Judge of the Supreme Court or of a High Court-
(a) may be incapable of property performing the duties of his office by reason of physical or mental incapacity; or
(b) may have been guilty of misconduct,
the President shall direct the Council to, or the Council may, on its own motion, inquire into the matter.
 
] 528
(6) If, after inquiring into the matter, the Council reports to the President that it is of the opinion,
(a) that the Judge is incapable of performing the duties of his office or has been guilty of misconduct, and
(b) that he should be removed from office, the President may remove the Judge from office.
 
(7) A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this Article.
 
(8) The Council shall issue a code of conduct to be observed by Judges of the Supreme Court and of the High Courts.
 
 
210 Power of Council to enforce attendance of persons, etc.
(1) For the purpose of inquiring into any matter, the Council shall have the same power as the Supreme Court has to issue directions or orders for securing the attendance of any person or the discovery or production of any document; and any such direction or order shall be enforceable as if it had been issued by the Supreme Court.
 
(2) The provisions of Article 204 shall apply to the Council as they apply to the Supreme Court and a High Court.
 
 
211 Bar of Jurisdiction.
The proceedings before the Council, its report to the President and the removal of a Judge under clause (6) of Article 209 shall not be called in question in any court.
 
212 Administrative Courts and Tribunals.
(1) Notwithstanding anything hereinbefore contained, the appropriate Legislature may by Act  531[provide for the establishment of] 531 one or more Administrative Courts or Tribunals to exercise exclusive jurisdiction in respect of
(a) matters relating to the terms and conditions of persons  532[who are or have been] 532 in the service of Pakistan, including disciplinary matters;
(b) matters relating to claims arising from tortious acts of Government, or any person in the service of Pakistan, or of any local or other authority empowered by law to levy any tax or cess and any servant of such authority acting in the discharge of his duties as such servant; or
(c) matters relating to the acquisition, administration and disposal of any property which is deemed to be enemy property under any law.
 
(2) Notwithstanding anything hereinbefore contained, where any Administrative Court or Tribunal is established under clause (1), no other court shall grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of such Administrative Court or Tribunal extends  533[and all proceedings in respect of any such matter which may be pending before such other court immediately before the establishment of the Administrative Court or Tribunal  534[other than an appeal pending before the Supreme Court,] 534 shall abate on such establishment] 533:
Provided that the provisions of this clause shall not apply to an Administrative Court or Tribunal established under an Act of a Provincial Assembly unless, at the request of that Assembly made in the form of a resolution,  535[Majlis-e-Shoora (Parliament)] 535 by  536 law extends the provisions to such a Court or Tribunal.
 
(3) An appeal to the Supreme Court from a judgment, decree, order or sentence of an Administrative Court or Tribunal shall lie only if the Supreme Court, being satisfied that the case involves a substantial question of law of public importance, grants leave to appeal.
 
 
 537[] 537 539[] 539

Notes

522   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 44 (with effect from March 2, 1985) for :
204
(1) In this Article "Court means the Supreme Court or a High Court.
 
 523[
(2) A Court shall have the power to punish a person for contempt of Court in accordance with law.
 
] 523
 
523   Substituted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 13 (with effect from December 1, 1976) for :
(2) A Court shall have power to punish any person who,
(a) abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the Court;
(b) scandalizes the Court or otherwise does anything which tends to bring the Court or a Judge of the Court into hatred, ridicule or contempt;
(c) does anything which tends to prejudice the determination of a matter pending before the Court; or
(d) does any other thing which, by law, constitutes contempt of the Court.
Explanation.-Fair comment made in good faith and in the public interest on the working of the Court or any of its final decisions after the expiry of the period of limitation for appeal, if any, shall not constitute contempt of Court.
 
(3) The exercise of the power conferred on a Court by this Article may be regulated by law and, subject to law, by rules made by the Court.
 
524   Renumbered by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 14 (with effect from September 16, 1976)
525   Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 14 (with effect from September 16, 1976).
526   Inserted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 9 (with effect from March 22, 1982).
527   Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 11 (with effect from May 4, 1974).
528   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 76 (with effect from April 19, 2010) for :
(5) If, on information  529[from any source, the Council or] 529, the President is of the opinion that a Judge of the Supreme Court or of a High Court,
(a) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or
(b) may have been guilty of misconduct, the President shall direct the  530[,or the Council may, on its own motion,] 530 inquire into the matter.
 
529   Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 20(i) (with effect from August 21, 2002) for "received from the Council or from any other source".
530   Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 20(ii) (with effect from August 21, 2002) for "Council to".
531   Substituted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 12(a)(i)(and deemed to have always been so) for "establish".
532   Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 12(a)(i)(and deemed to have always been so).
533   Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 12(a)(i)(and deemed to have always been so).
534   Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 15 (with effect from September 16, 1976).
535   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
536   For such law, see the Provincial Service Tribunals (Extension of Provisions of the Constitution) Act, 1974 (32 of 1974).
537   The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 45 (with effect from December 30, 1985) : :
 538[
212A Establishment of Military Courts or Tribunals.
(1) 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.
 
 
] 538
538   Inserted by Constitution (Second Amendment) Order, 1979 (President's Order No. 21 of 1979), Section 2 (with effect from July 5, 1977).
539   The following was omitted by Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), Section 2 (with effect from July 28, 1994) : :
 540[
212B Establishment of Special Courts for trial of heinous offences.
(1) In order to ensure speedy trial of cases of persons accused of the heinous offences specified by law as are referred to them by the Federal Government, or an authority or person authorized by it, in view of their being gruesome, brutal and sensational in character or shocking to public morality, the Federal Government may by law constitute as many Special Courts as it may consider necessary.
 
(2) Where the Federal Government constitutes more than one Special Court, it shall determine the territorial limits within which each one of them shall exercise jurisdiction.
 
(3) A Special Court shall consist of a Judge, being a person who is, or has been or is qualified for appointment as, a Judge of a High Court and is appointed by the Federal Government after consultation with the Chief Justice of the High Court.
 
(4} A person other than a Judge of a High Court who is appointed as a Judge of a Special Court shall hold office for the period this Article remains in force and shall not be removed from office except in the manner prescribed in Article 209 for the removal from office of a Judge, and, in the application of the said Article for the purposes of this clause, any reference in that Article to a Judge shall be construed as a reference to a Judge of a Special Court.
 
(5) The law referred to in clause (1) shall make provision for the constitution of as many Supreme Appellate Court as the Federal Government may consider necessary and an appeal against the sentence or final order of a Special Court being preferred to a Supreme Appellate Court which shall consist of -
(a) a Chairman, being a Judge of the Supreme Court to be nominated by the Federal Government after consultation with the Chief Justice of Pakistan, and
(b) two Judges of the High Courts to be nominated by the Federal Government after consultation with the Chief Justice of the High Court concerned.
 
(6) Where the Federal Government constitutes more than one Supreme Appellate Court, it shall determine the territorial limits within which each one of them shall exercise Jurisdiction.
 
(7) A Special Court and a Supreme Appellate Court shall decide a case or, as the case may be, an appeal with thirty days.
 
(8) Notwithstanding anything contained in the Constitution, no Court shall exercise any jurisdiction whatsoever in relation to any proceedings before, or order or sentence passed by a Special Court or a Supreme Appellate Court constituted under a law referred to in clause (1), except as provided in such law.
 
 
] 540
540   Inserted by Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), Section 2 (with effect from July 28, 1991).

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