| 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,
| 525[(1)] 525 |
A Judge of the Supreme
Court or a High Court may resign his office by writing
under his hand addressed to the President. |
| |
526[
| (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. |
| |
] 526 |
| |
| 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 527[and the Federal Shariat Court] 527, 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 528[otherwise than as
acting Chief Justice] 528,
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. |
| |
529[
| (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. |
| |
] 529
| (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 532[provide for the establishment
of] 532 one or more
Administrative Courts or Tribunals to exercise exclusive
jurisdiction in respect of
| (a) |
matters relating
to the terms and conditions of persons 533[who are or
have been] 533 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 534[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 535[other than an appeal
pending before the Supreme Court,] 535 shall
abate on such establishment] 534:
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, 536[Majlis-e-Shoora (Parliament)] 536 by 537 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. |
| |
|
| |
524 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. |
| |
529 Substituted
by
Constitution
(Eighteenth Amendment) Act, 2010, Section 76 (with effect
from April 19, 2010) for :
| (5) |
If, on information 530[from any source, the
Council or] 530,
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 531[,or the Council
may, on its own motion,] 531 inquire
into the matter. |
|
| |
537 For such
law, see the Provincial Service Tribunals (Extension of Provisions
of the Constitution) Act, 1974 (32 of 1974).
538 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) : :
539[
| 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. |
| |
|
| |
] 539
540 The following
was omitted by
Constitution
(Twelfth Amendment) Act, 1991 (14 of 1991), Section 2 (with
effect from July 28, 1994) : :
541[
| 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. |
| |
|
| |
] 541