|
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,
|
591[(1)] 591
|
A Judge of the Supreme Court or a High Court may
resign his office by writing under his hand addressed to the President.
|
| |
592[
|
(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.
|
| |
] 592 |
| |
|
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 593[Supreme Court, the Federal Shariat Court and the Islamabad High Court] 593,
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 the 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 otherwise than as acting Chief Justice, and in case the dates of such appointment are the same, with reference to
their dates of appointment as Judges of the High Courts.
|
| |
|
(3)
|
If at any time, the Council is inquiring into the capacity,
efficiency 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 if such member is the-
|
(a)
|
Chief Justice or 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)
|
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.
|
| |
|
(5)
|
If, on information from any source or the report from the
Commission under clause (19) of Article 175A, 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 properly performing the duties of his office by reason of physical or mental incapacity; or |
|
(b)
|
may be inefficient in the performance of the duties of his office; or |
|
(c)
|
may have been guilty of misconduct, |
the Council, on its own motion or on receipt of report from the Commission under clause (19) of Article 175A or on the direction
of the President, shall inquire into the matter.
|
| |
|
(6)
|
If, after inquiring into the matter, without unnecessary delay
and in case of report or direction under clause (5), within six months, the Council reports to the President that it is of
the opinion that-
|
(a)
|
the Judge is incapable of performing the duties of his office or is found inefficient in performance of the duties of his
office or has been guilty of misconduct; and
|
|
(b)
|
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 the High Courts.
|
| |
|
(9)
|
Subject to the rules made by the Council, there shall be a
secretariat of the Council to be headed by a secretary and shall include such other officers and staff, as may be necessary.
|
| |
|
| |
]
|
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 600[provide for the
establishment of] 600 one or more Administrative Courts or Tribunals
to exercise exclusive jurisdiction in respect of
|
(a)
|
matters relating to the terms and
conditions of persons 601[who are or have been] 601 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 602[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
603[other than an appeal pending before the Supreme Court,] 603
shall abate on such establishment] 602:
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, 604[Majlis-e-Shoora (Parliament)] 604 by 605 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.
|
| |
|
| |
590
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.
|
| |
593
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 20
(with effect from
October 21, 2024) for "Supreme Court
594[and the Federal Shariat Court]
594".
595
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 21
(with effect from
October 21, 2024) for :
|
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 596[otherwise than as acting Chief Justice] 596,
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.
|
| |
597[
|
(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.
|
| |
] 597
|
(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.
|
| |
|
| |
597
Substituted by
Constitution (Eighteenth Amendment) Act, 2010, Section 76
(with effect from
April 19, 2010) for :
|
(5)
|
If, on information 598[from any source, the Council or] 598, 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 599[,or the Council may, on its own motion,] 599 inquire into the matter.
|
|
| |
605
For such law, see the Provincial Service Tribunals (Extension of Provisions of the Constitution) Act, 1974 (32 of 1974).
606
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) : :
607[
|
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.
|
| |
|
| |
] 607
608
The following was omitted by
Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), Section 2
(with effect from
July 28, 1994) : :
609[
|
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.
|
| |
|
| |
] 609