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Article: 212B Establishment of Special Courts for trial of heinous offences

1[212B. Establishment of Special Courts for trial of heinous offences.-(1) In Order to ensure speedy trial of cases of persons accused of such of the heinous offences specified by law as are referred to them by the Federal Government, or an authority or person authorised by it, in view of their being gruesome, brutal and sensational in character or shocking to public morality, the Federal Government may by law constitute as many Special Courts as it may consider necessary.

(2) Where the Federal Government constitutes more than one Special Court, it shall determine the territorial limits within which each one of them shall exercise jurisdiction.

(3) A Special Court shall consist of a Judge, being a person who is, or has been, or is qualified for appointment as, a Judge of a High Court and is appointed by the Federal Government after consultation with the Chief Justice of the High Court.

(4) A person other than a Judge of a High Court who is appointed as a Judge of a Special Court shall hold office for the period this Article remains in force and shall not be removed from office except in the manner prescribed in Article 209 for the removal from office of a Judge, and, in the application of the said Article for the purposes of this clause, any reference in that Article to a Judge shall be construed as a reference to a Judge of a Special Court.

(5) The law referred to in clause (1) shall make provision for the constitution of as many Supreme Appellate Courts as the Federal Government may consider necessary and for an appeal against the sentence or final order of a Special Court being preferred to a Supreme Appellate Court which shall consist of–

(a) a Chairman, being a Judge of the Supreme Court to be nominated by the Federal Government after consultation with the Chief Justice of Pakistan; and

(b) two Judges of the High Courts to be nominated by the Federal Government after consultation with Chief Justice of the High Court concerned.

(6) Where the Federal Government Constitutes more than one Supreme Appellate Court, it shall determine the territorial limits within which each one of them shall exercise jurisdiction.

(7) A Special Court and a Supreme Appellate Court shall decide a case or, as the case may be, an appeal within thirty days.

(8) Notwithstanding anything contained in the Constitution, no Court shall exercise any jurisdiction whatsoever in relation to any proceedings before, or order or sentence passed by a Special Court or a Supreme Appellate Court constituted under a law referred to in clause (1), except as provided in such law.]

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Footnotes:

1. Section 2 of the Constitution (Twelfth Amendment) Act, 1991, (14 of 1991), added Article 212B for a period of three years (w.e.f. July 27,1991). The said term thus expired on July 26, 1994.

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Comparative Table of Article 212B of the Constitution of Pakistan, 1973:
Constitution of Pakistan 1962 :
Constitution of Pakistan 1956 :

Constitution of India 1950:

Government of India Act 1935:

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Leading & Latest Cases on Article 212B of the Constitution of Pakistan, 1973 :


1992 SCMR 372 LIAQUAT ALI AND OTHERS STATE


P L D 1993 KARACHI 107 SHAFIQ HANIF (PVT) LIMITED, KARACHI BANK OF CREDIT AND COMMERCE INTERNATIONAL (OVERSEAS) LIMITED KARACHI






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