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 THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN, 1973


Chapter 3A-Federal Shariat Court

203F Appeal to Supreme Court

(1) Any party to any proceedings before the Court under Article 203D aggrieved by the final      decision of the Court in such proceedings may, within sixty days of such decision, prefer      an appeal to the Supreme Court :
 
     Provided that an appeal on behalf of the Federation or of a Province may be preferred      within six months of such decision.

(2) The provisions of clauses (2) and (3) of Article 203D and clauses (4) to (8)of Article       203E shall apply to and in relation to the Supreme Court  as if reference in those       provisions to Court were a reference to the Supreme Court.

      (2A) An appeal shall lie to the Supreme Court from any judgment, final order or                 sentence of the Federal Shariat Court-

      (a) if the Federal Shariat Court has on appeal reversed an order of acquittal of an             accused person and sentenced him to death or imprisonment for life or             imprisonment for a term exceeding fourteen years; or, on revision, has enhanced a             sentence as aforesaid; or
      (b) if the Federal Shariat Court has imposed any punishment on any person for              contempt of the Court.

      (2B) An appeal to the Supreme Court from a judgment, decision, order or sentence of               the Federal Shariat Court in a case to which the preceding clauses do not apply               shall lie only if the Supreme Court grants leave to appeal.

(3) For the purpose of the exercise of the jurisdiction conferred by this  Article, there shall       be constituted in the Supreme Court a Bench to be called the Shariat Appellate Bench       and consisting of,

        (a) three Muslim Judges of the Supreme Court; and

        (b) not more than two Ulema to be appointed by the President to attend sittings of the               Bench as ad-hoc members thereof from amongst the Judges of the Federal Shariat               Court or from out of a panel of Ulema to he drawn up by the President               in consultation with the Chief Justice.

(4) A person appointed under paragraph (b) of clause (3) shall hold office for such period as       the President may determine.

(5) Reference in clauses (1) and (2) to Supreme Court shall be construed as a reference to       the Shariat Appellate Bench.

(6) While attending sittings of the Shariat Appellate Bench, a person appointed under        paragraph (b) of clause (3) shall have the same power and jurisdiction, and be entitled        to the same privileges, as a Judge of the Supreme Court and be paid such allowances        as the  President may determine.]

203G
Bar of Jurisdiction

       Save as provided in Article 203F, no court or tribunal, including the Supreme Court and a High Court, shall entertain any proceeding or exercise any power or jurisdiction in respect of any matter within the power or jurisdiction of the Court.

203GG Decision of Court binding on High Court and Courts subordinate to it

       Subject to Article 203D and 203F, any decision of the Court in the exercise of its jurisdiction under this Chapter shall be binding on a High Court and on all courts subordinate to a High Court.

203H
Pending proceedings to continue, etc.

(1) Subject to clause (2) nothing in this Chapter shall be deemed to require any proceedings       pending in any court or tribunal immediately before the commencement of this Chapter or       initiated after such commencement, to be adjourned or stayed by reason only of a petition       having been made to the Court for a decision as to whether or not a law or provision of law       relevant to the decision of the point in issue in such proceedings is repugnant to the       Injunctions of Islam; and all such proceedings shall continue, and the point in issue       therein shall be decided, in accordance with the law for the time being in force.

(2) All proceedings under clause (1) of Article 203B of the Constitution that may be pending      before any High Court immediately before the commencement of this Chapter shall stand      transferred to the Court and shall be dealt with by the Court from the stage from which      they are so transferred.

(3) Neither the Court nor the Supreme Court shall in the exercise of its jurisdiction under this      Chapter have power to grant an injunction or make any interim order in relation to any      proceedings pending in any other court or tribunal.

203J
Power to make Rules.

(1) The Court may, by notification in the official Gazette, make rules for carrying out the        purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules       may make provision in respect of all or any of the following matters, namely: -

      (a) the scale of payment of honorarium to be made to jurisconsults, experts and              witnesses summoned by the Court to defray the expenses, if any, incurred by them              in attending for the purposes of the proceedings before the Court;

     (b) the form of oath to be made by a jurisconsult, expert or witness appearing before the           Court;

     (c) the powers and functions of the Court being exercised or performed by Benches            consisting of one or more members constituted by the Chief Justices;

     (d) the decision of the Court being expressed in terms of the opinion of the majority of its            members or, as the case may be, of the members constituting a Bench; and

     (e) the decision of cases in which the members constituting a Bench are equally divided            in their opinion.

(3) Until rules are made under clause (1), the Shariat Benches of Superior Courts Rules,       1979, shall, with the necessary modifications and so far as they are not inconsistent with        the provisions of this Chapter, continue in force.

 

 

 

 

 
       

 


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