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203DD. Revisional 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 and finding, sentence or order recorded or passed by, and as to the regularity of any proceedings of, such court any 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 authorise 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.
203E. 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.
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 clause 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 be 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 Shadat 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 proceedings 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 Articles 203D and 202F, 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.
203I. Administrative arrangements, etc. Omitted
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 Chairman;
(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.
Chapter 4 -- General Provisions Relating to the Judicature
204. Contempt of Court
(1) In this Article, "Court" means the Supreme Court or a High Court.
(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 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.
(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.
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