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Chapter 3A-Federal Shariat Court

203D Powers, Jurisdiction and Functions of the Court.

(1) The Court may, either of its own motion or on the petition of a citizen of Pakistan or the       Federal Government or a Provincial Government, examine and decide the question       whether or not any law or provision of law is repugnant to the injunctions of Islam, as laid       down in the Holy Quran and Sunnah of the Holy Prophet, hereinafter referred to as the       Injunctions of Islam.

      (1A) Where the Court takes up the examination of any law or provision of law under                clause (1) and such law or provision of law appears to it to be repugnant to the                Injunctions of Islam, the Court shall cause to be given to the Federal Government                in the case of a law with respect to a matter in the Federal Legislative List or the                Concurrent Legislative List, or to the ProvincialGovernment in the case of a law                with respect to a matter not enumerated in either of those Lists, a notice specifying                the particular provisions that appear to it to be so repugnant, and afford to               such Government adequate opportunity to have its point of view placed               before the Court.

(2)  If the Court decides that any law or provision of law is repugnant to the Injunctions of        Islam, it shall set out in its decision:

       (a) the reasons for its holding that opinion; and

       (b) the extent to which such law or provision is so repugnant;
            and specify the day on which the decision shall take effect:
          Provided that no such decision shall be deemed to take effect before the expiration of the           period within which an appeal therefrom may be preferred to the Supreme Court or,           where an appeal has been so preferred, before the disposal of such appeal.

(3) If any law or provision of law is held by the Court to be repugnant to the Injunctions of       Islam,

     (a) the President in the case of a law with respect to a matter in the Federal             Legislative List or the Concurrent Legislative List, or the Governor in the case of a             law with respect to a matter not enumerated in either of those Lists, shall take steps             to amend the law so as to bring such law or provision into conformity with the             Injunctions of Islam; and

     (b) such law or provision shall, to the extent to which it is held to be so repugnant, cease            to have effect on the day on which the decision of the Court takes effect.

203DD Revisionional and other Jurisdiction of the Court.

(1) The Court may call for and examine the record of any case decided by any criminal court       under any law relating to the enforcement of Hudood for the purpose of satisfying itself       as to the correctness, legality or propriety of any finding, sentence or order recorded or       passed by, and as to the regularity of any proceedings of, such court and may, when       calling for such record, direct that the execution of any sentence be suspended and, if the       accused is in confinement, that he be released on bail or on his own bond pending the       examination of the record.

(2) In any case the record of which has been called for by the Court, the Court may pass       such order as it may deem fit and may enhance the sentence:
      Provided that nothing in this Article shall be deemed to authorize the Court to convert a       finding of acquittal into one of conviction and no order under this Article shall be made to the       prejudice of the accused unless he has had an opportunity of being heard in his own defence.

(3) The Court shall have such other jurisdiction as may be conferred on it by or under any       law.

Powers and Procedure of the Court.

(1) For the purposes of the performance of its functions, the Court shall have the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely:
      (a) summoning and enforcing the attendance of any person and examining him on oath;

      (b) requiring the discovery and production of any document;

      (c)  receiving evidence on affidavits; and

      (d)  issuing commissions for the examination of witnesses or documents.

(2) The Court shall have power to conduct its proceedings and regulate its procedure in all       respects as it deems fit.

(3) The Court shall have the power of a High Court to punish its own contempt.

(4) A party to any proceedings before the Court under clause (1) of Article 203D may be       represented by a legal practitioner who is a Muslim and has been enrolled as an       advocate of a High Court for a period of not less than five years or as an advocate of the       Supreme Court or by a jurisconsult selected by the party from out of a panel of jurisconsults       maintained by the Court for the purpose.

(5) For being eligible to have his name borne on the panel of jurisconsults referred to in       clause (4), a person shall be an Aalim who, in the opinion of the Court, is well-versed in       Shariat.

(6) A legal practitioner or jurisconsult representing a party before the Court shall not plead      for the party but shall state, expound and interpret the Injunctions of Islam relevant to the      proceedings so far as may be known to him and submit to the Court a written statement      of his interpretation of such Injunctions of Islam.

(7) The Court may invite any person in Pakistan or abroad whom the Court considers to be       well-versed in Islamic law to appear before it and render such assistance as may be       required of him.

(8)  No court fee shall be payable in respect of any petition or application made to the Court        under Article 203D.

(9) The Court shall have power to review any decision given or order made by it.

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