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200. Transfer of High Court Judges
Chapter 3A -- FEDERAL SHARIAT COURT
203A. Provisions of Chapter to override other provisions of Constitution
The provisions of this Chapter shall have effect notwithstanding contained in the Constitution.
203B. Definitions
In this Chapter, unless there is anything repugnant in the subject or context:-
(a) "Chief Justice" means Chief Justice of the Court;
(b) "Court" means the Federal Shariat Court constituted in pursuance of Article 203C;
(bb) "Judge" means judge of the Court;
(c) "Law" includes any custom or usage having the force of law but does not include the Constitution, Muslim personal law, any law relating to the procedure of any court or tribunal or, until the expiration of ten years from the commencement of this Chapter, any fiscal law or any law relating to the levy and collection of taxed and fees or banking or insurance practice and procedure; and
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203C. The Federal Shadat Court
(1) There shall be constituted for the purposes of this Chapter a court to be called the Federal Shariat Court.
(2) The Court shall consist of not more than eight Muslim Judges, including the Chief Justice, to be appointed by the President.
(3) The Chief Justice shall be a person who is, or has been, or is qualified to be, a Judge of the Supreme Court or who is or has been a permanent Judge of a High Court.
(3A) Of the Judges, not more than four shall be persons each one of whom is, or has been, or is qualified to be, a Judge of a High Court and not more than three shall be Ulema who are well-versed in Islamic Law.
(4) The Chief Justice and a Judge shall hold office for a period not exceeding three years, but may be appointed for such further term or terms as the President may determine:
Provided that a Judge of a High Court shall not be appointed to be a Judge for a period exceeding two years except with his consent and , except where the Judge is; himself the Chief Justice, after consultation by the President with the Chief Justice of the High Court.
(4A) The Chief Justice, if he is not a Judge of the Supreme Court, and a Judge who is not a Judge of a High Court, may, by writing under his hand addressed to the President, resign his office.
(4B) The President may, at any time, by order in writing,:
(a) modify the term of appointment of a Judge;
(b) assign to a Judge any other-office; and
(c) require a Judge to perform such other functions as the president may deem fit;
and pass such other order as he may consider appropriate.
Explanation: In this clause and clause (4C), "Judge" includes Chief Justice.
(4C) While he is performing the functions which he is required under clause (4B) to perform, or holding any other office assigned to him under that clause, a Judge shall be entitled to the same salary, allowances and privileges as are admissible to the Chief Justice or, as the case may be, Judge of the Court.
(5) A Judge of a High Court who does not accept appointment as a Judge 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.
(6) the principal seat of the Court shall be at Islamabad, but the Court may from time to time sit in such other places in Pakistan as the Chief Justice may, with the approval of the President, appoint.
(7) Before entering upon office, the Chief Justice and a Judge shall make before the President or a person nominated by him oath in the form set out in the Third Schedule.
(8) At any time when the Chief Justice or a Judge is absent or is unable to perform the functions of his office, the President shall appoint another person qualified for the purpose to act as Chief Justice or, as the case may be, Judge.
(9) A Chief Justice who is not a Judge of the Supreme Court shall be entitled to the same salary allowances and privileges as are admissible to a Judge of the Supreme Court and a Judge who is not a Judge of a High Court shall be entitled to the same salary, allowances and privileges as are admissible to a Judge of a High Court.
203CC. [Panel of Ulema and Ulema members.] Omitted.
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 Provincial Government in the case of a law with respect to a matter not enumerated in the 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 decided 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 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.
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