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Article: 203E Powers and procedure of the Court

1[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 of 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 2[Article 203D.]

3[(9) The Court shall have power to review any decision given or order made by it.]]

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Footnotes:

1. Section 3 of the Constitution (Amendment) Order 1980, P.O. No. 1 of 1980, substituted Art. 203E of chapter 3A, in its present form, (w.e.f. June 5, 1980), in place of Art. 203E of chapter 3A, inserted by section 2 of the Constitution (Amendment) Order, 1979 P.O. No. 3 of 1979, (w.e.f. February 10, 1979). Art. 203E of the said chapter as inserted at that time read:
203E. Power to make rules. — (1) The Supreme Court, in consultation with the High Courts, 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, —
(a) regulation of the practice and procedure of a High Court and the Supreme Court in the exercise of jurisdiction under this Chapter;
(b) the maintenance by a High Court and the Supreme Court of a panel of jurisconsults and of ulema who may be invited by the High Court or, as the case may be, Supreme Court to appear before it and render assistance to it in the performance of its functions under this Chapter and the qualifications of such ulema; and
(c) the scale of payment of the honorarium, travelling allowance and daily allowance to be paid to ulema, jurisconsults, experts and witnesses summoned by the High Court or the Supreme Court in the performance of its functions under this Chapter.”

2. Section 5 of the Constitution (Second Amendment) Order 1980, P.O. No. 4 of 1980, substituted the said words, in place of the words “this Article”, in clause 8 of Art. 203E, (w.e.f. June 21, 1980).

3. Section 3 of the Constitution (Amendment) Order 1981, P.O. No. 5 of 1981, added clause 9 to Article 203E, (w.e.f. April 13, 1981).


Comparative Table of Article 203E of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
Constitution of Pakistan 1956 :

Constitution of India 1950:
Government of India Act 1935:

Leading & Latest Cases on Article 203E of the Constitution of Pakistan, 1973 :


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