| 175
| Establishment and Jurisdiction of Courts.
| (1)
|
There shall be a Supreme Court of Pakistan, a High
Court for each Province 381[
and a High Court for the Islamabad Capital Territory
] 381and such other courts as may be
established by law.
382[Explanation.-
Unless the context otherwise requires, the words "High Court" wherever
occurring in the Constitution shall include
"Islamabad High Court.] 382
|
|
| (2)
|
No court shall have any jurisdiction save as is or
may be conferred on it by the Constitution or by or under any law.
|
|
| (3)
|
The Judiciary shall be separated progressively from
the Executive within 384[fourteen] 384 years from the commencing day.
|
|
385[Provided
that the provisions of this Article shall have no application to the
trial of persons under any of the Acts metnioned at
serial No. 6, 7, 8 and 9 of sub-part III or Part I of the
First Schedule, who claims, or is known, to belong to any terrorist
group or organization using the name of religion or a sect.
Explanation:- In this proviso, the expression ‘sect’ means a sect of
religion and does not include any religious or political party regulated under
the Political Parties Order, 2002.
----------------------------------------------------------------------------------------------------------
Chapter 1: Fundamental Rights
| 8
| Laws inconsistent with or in derogation of fundamental rights to be void.
| (1)
|
Any law, or any custom or usage having the force of
law, in so far as it is inconsistent with the rights conferred
by this Chapter, shall, to the extent of such inconsistency, be void.
|
|
| (2)
|
The State shall not make any law which takes away or
abridges the rights so conferred and any law made
in contravention of this clause shall, to the extent of such
contravention, be void.
|
|
| (3)
|
The provisions of this Article shall not apply to :-
| (a)
|
any law relating to members of the Armed
Forces, or of the police or of such other forces as are
charged with the maintenance of public order, for the
purpose of ensuring the proper discharge of their duties or
the maintenance of discipline among them; or
|
13[
| (b)
|
any of the:-
| (i)
|
laws specified in the First Schedule
as in force immediately before the commencing day or
as amended by any of the laws specified in that Schedule;
|
| (ii)
|
other laws specified in Part I of
the First Schedule;
|
|
] 13
and no such law nor any provision thereof shall
be void on the ground that such law or provision is inconsistent
with, or repugnant to, any provision of this Chapter.
|
|
| (4)
|
Notwithstanding anything contained in paragraph (b) of
clause (3), within a period of two years from the commencing
day, the appropriate Legislature shall bring the laws specified
in 15[Part II of the First Schedule] 15 into conformity with the rights conferred by this
Chapter:
Provided that the appropriate Legislature
may by resolution extend the said period of two years by a
period not exceeding six months.
Explanation:- If in respect of any law 16[Majlis-e-Shoora (Parliament)] 16 is the appropriate Legislature, such resolution
shall be a resolution of the National Assembly.
|
|
| (5)
|
The rights conferred by this Chapter shall not be
suspended except as expressly provided by the Constitution.
|
|
|
|
| 9
| Security of person.
No person shall be deprived of life or liberty save in
accordance with law. |
|
| 10
| Safeguards as to arrest and detention
| (1)
|
No person who is arrested shall be detained in custody
without being informed, as soon as may be, of the grounds for
such arrest, nor shall he be denied the right to consult and be
defended by a legal practitioner of his choice.
|
|
| (2)
|
Every person who is arrested and detained in custody
shall be produced before a magistrate within a period of
twenty-four hours of such arrest, excluding the time necessary
for the journey from the place of arrest to the court of the
nearest magistrate, and no such person shall be detained in
:custody beyond the said period without the authority of a magistrate.
|
|
| (3)
|
Nothing in clauses (1) and (2) shall apply to any
person who is arrested or detained under any law providing for
preventive detention.
|
|
| (4)
|
No law providing for preventive detention shall be
made except to deal with persons acting in a manner prejudicial
to the integrity, security or defence of Pakistan or any part
thereof, or external affairs of Pakistan, or public order, or
the maintenance of supplies or services, and no such law shall
authorise the detention of a person for a period exceeding
17[three months] 17 unless the appropriate Review Board has, after
affording him an opportunity of being heard in person, reviewed
his case and reported, before the expiration of the said period,
that there is, in its opinion, sufficient cause for such
detention, and, if the detention is continued after the said
period of 18[three months] 18, unless the appropriate Review Board has reviewed
his case and reported, before the expiration of each period of
three months, that there is, in its opinion, sufficient cause
for such detention.
Explanation-I: In this Article,
"the appropriate Review Board" means:-
| (i)
|
in the case of a person detained under a
Federal law, a Board appointed by the Chief Justice of
Pakistan and consisting of a Chairman and two other
persons, each of whom is or has been a Judge of the
Supreme Court or a High Court; and
|
| (ii)
|
in the case of a Person detained under a
Provincial law, a Board appointed by the Chief Justice of
the High Court concerned and consisting of a Chairman and
two other persons, each of whom is or has been a Judge of
a High Court.
|
Explanation-II: The opinion of a Review Board shall
be expressed in terms of the views of the majority of its members.
|
|
| (5)
|
When any person is detained in pursuance of an order
made under any law providing for preventive detention, the
authority making the order shall, 19[within fifteen days] 19 from such detention, communicate to such person the
grounds on which the order has been made, and shall afford him
the earliest opportunity of making a representation against the
order:
Provided that the authority making any such
order may refuse to disclose facts which such authority
considers it to be against the public interest to disclose.
|
|
| (6)
|
The authority making the order shall furnish to the
appropriate Review Board all documents relevant to the case
unless a certificate, signed by a Secretary to the Government
concerned, to the effect that it is not in the public interest
to furnish any documents, is produced.
|
|
| (7)
|
Within a period of twenty-four months commencing on
the day of his first detention in pursuance of an order made
under a law providing for preventive detention, no person shall
be detained in pursuance of any such order for more than a total
period of eight months in the case of a person detained for
acting in a manner prejudicial to public order and twelve months
in any other case:
Provided that this clause shall not
apply to any person who is employed by, or works for, or acts
on instructions received from, the enemy 20[or who is acting or attempting to act in a manner
prejudicial to the integrity, security or defence of
Pakistan or any part thereof or who commits or attempts to
commit any act which amounts to an anti-national activity
as defined in a Federal law or is a member of any
association which has for its objects, or which indulges
in, any such anti-national activity] 20.
|
|
| (8)
|
The appropriate Review Board shall determine the place
of detention of the person detained and fix a reasonable
subsistence allowance for his family.
|
|
| (9)
|
Nothing in this Article shall apply to any person who
for the time being is an enemy alien.
|
|
|
|
21[
| 10A.
| Right to fair trial:
For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled
to a fair trial and due process.
---------------------------------------------------------------------------------------------------- |
First Schedule 734
Laws exempted from the operation of Article 8(1) and (2).
[Article 8(3)(b) and (4)]
Part I
I. President's Orders
|
1.
| The Acceding State (Property) Order, 1961 (P. O. No. 12 of 1961). |
| |
|
2.
| The Economic Reforms Order, 1972 (P. O. No. 1 of 1972). |
| |
II. Regulations
|
1.
| The Land Reforms Regulation, 1972. |
| |
|
3.
| The Economic Reforms (Protection of Industries) Regulation, 1972.
|
| |
|
4.
| The Distribution of Property (Chitral) Regulation, 1974 (II of 1974).
|
| |
|
5.
| The Statement of Disputes of Immovable Property (Chitral) Regulation,
1974 (III of 1974).
|
| |
|
6.
| The Dir and Swat (Devolution and Distribution of Property and Settlement
of Disputes of Immovable Property) (Amendment) Regulation, 1975 (II of
1976).
|
| |
735[
|
7.
| The Settlement of Disputes of Immovable Property (Chitral) (Amendment)
Regulation 1976 (II of 1976).
|
| |
] 735
III. Federal Acts
|
1.
| The Land Reforms (Amendment) Act, 1974 (XXX of 1974).
|
| |
|
2.
| The Land Reforms (Amendment) Act, 1975 (XXXIX of 1975).
|
| |
736[
|
3.
| The Flour Milling Control and Development Act, 1976 (LVII of 1976).
|
| |
|
4.
| The Rice Milling Control and Development Act, 1976 (LVIII of 1976).
|
| |
|
5.
| The Cotton Ginning Control and Development Act, 1976 (LIX of 1976).
|
| |
] 736
737[
|
6.
| The Pakistan Army Act, 1952 (XXXXIX of 1952). |
| |
|
7.
| The Pakistan Air Force Act, 1953 (VI of 1953). |
| |
|
8.
| The Pakistan Navy Ordinance, 1961 (XXXV of 1961). |
| |
|
9.
| The Protection of Pakistan Act, 2014 (X of 2014). |
| |
] 737 |
|
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