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Article: 203F Appeal to Supreme Court

1[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 2[:] 2[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.

3[(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;

(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 clauses do not apply shall lie only if the Supreme Court grants leave to appeal.]

4[(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 Shariat 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.]

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Footnotes:

1. Section 3 of the Constitution (Amendment) Order, 1980 (P.O. No. 1 of 1980), in substituting a new chapter 3A, added Art. 203F, (w.e.f. June 5, 1980).
2. Section 2 of the Constitution (Third Amendment) Order 1983, P.O. No. 9 of 1983, Substituted a “colon” for the “full stop” at the end of clause 1 of Art. 203F, and added the proviso thereto, (w.e.f. July 28,1983).

3. Section 6 of the Constitution (Second Amendment) Order, 1982, P.O. No. 5 of 1982, inserted clauses 2A and 2B to Art. 203F, (w.e.f. March 22, 1982).

4. Section 2 of the Constitution (Third Amendment) Order, 1982, P.O. No. 12 of 1982, substituted clause 3 of Art. 203F, in its present form, (w.e.f. August 15, 1982), in place of the clause as inserted by section 3 of the Constitution (Amendment) Order, 1980, P.O. No. 1 of 1980, (w.e.f. May 27, 1980), that read :
“(3) For the purpose of the exercise of the jurisdiction conferred by this Article, there shall be constituted in the Supreme Court a Bench consisting of three Muslim Judges of the Supreme Court, to be called the Shariat Appellate Bench, and reference in the preceding clauses to “Supreme Court” shall be construed as a reference to the Shariat Appellate Bench.”


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

Constitution of India 1950:
Government of India Act 1935:
207

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


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