Notes for Part VII, Chapter 4

Substituted by P.O.No. 14 of 1985 Art. 2 and Sch. item 44 (with effect from March 2, 1985):

"204

(1): In this Article "Court means the Supreme Court or a High Court.
(2): A Court shall have the power to punish a person for contempt of Court in accordance with law."

Clause (2) was substituted for the original clauses (2) and (3) by the Constitution (Fifth Amendment) Act, 1976 (62 of 1976), section 13, (with effect from December 1, 1976). These original clauses were identical to clauses (2) and (3) substituted by P.O.No. 14 of 1985 except for the explanation to clause (2) which read:

"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."

228

Article 206 renumbered as clause (1) of that Article, by the Constitution (Fifth Amendment) Act, 1976 (62 of 1976), section 14 (with effect from September 13, 1976).

229

New clause (2) added by the Constitution (Fifth Amendment) Act, 1976 (62 of 1976), section 14 (with effect from September 13, 1976).

230

Inserted by the Constitution (Second Amendment) Order, 1982 (P.O.No.5 of 1982) section 9 (with effect from March 22, 1982).

231

Inserted by the Constitution (First Amendment) Act, 1974 (33 of 1974), section 11, (with effect from May 4, 1974).

231A

Substituted for the words and comma "received from the Council or from any other source," by the Legal Framework Order, 2002 (Chief Executive's Order No. 24), Art 3(1), sched. item 20(i).

231B

Inserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24), Art 3(1), sched. item 20(ii).

232

Substituted and shall be deemed always to have been so substituted by the Constitution (First Amendment) Act, 1974 (33 of 1974), section 12, for "establish". (May 4, 1974).

233

Inserted and shall be deemed always to have been so inserted by the Constitution (First Amendment) Act, 1974 (33 of 1974), section 12 (with effect from May 4, 1974).

234

Inserted and shall be deemed always to have been so inserted by the Constitution (Second Amendment) Act, 1974 (49 of 1974), section 12 (with effect from September 17, 1974).

235

Inserted and shall be deemed always to have been so inserted by the Constitution (Fifth Amendment) Act, 1976 (62 of 1976), section 15, (September 13, 1976).

236

Substituted for the word Parliament by the Revival of the Constitution of 1973 Order, 1985: P.O.No.14 of 1985) Art 2 and Sch item 1 (with effect from March 2, 1985).

237

For such law, see the Provincial Service Tribunals (Extension of Provisions of the Constitution) Act, 1974 (32 of 1974).

238

Article 212 A added by the Constitution (Second Amendment) Order, 1979 (P.O.No. 21 of 1979) section 2 (with effect from July 5, 1977) which read:

"212-A.

(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 offenses 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 Court, shall abate."

has been omitted by P.O.No. 14 of 1985 Art. 2 and Sch. item 45 and S.R.O of December 29, 1985 issued by the Ministry of Justice (with effect from December 30, 1985).

238A

Article 212-B reproduced below was added by Constitution (Twelfth Amendment) Act, 1991, section 2, for a period of three years, which expired in 1994, and, at that time, Article 212-B ceased to be part of the Constitution

212-B.

Establishment of Special Courts for trial 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.

Last modified: Fri Sep 10 16:13:27 PDT 1999