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–Constitution (Second Amendment) Order, 1982, President’s Order 5 of 1982 (25th of March, 1982)

CONSTITUTION (SECOND AMENDMENT) ORDER, 1982

PRESIDENT’S ORDER 5 OF 1982

[Gazette of Pakistan, Extraordinary, Part 1, 25th March, 1982]

No. F. l7(2)/82 Pub.

The following Order made by the President is hereby published for general information:-

In pursuance of the Proclamation of the fifth day of July 1977, read with the Laws (Continuance in Force) Order, 1977(C.M.L.A. Order No. 1 of 1977), and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-

1.

Short title and commencement.-

(1) This Order may be called the Constitution (Second Amendment) Order, 1982.

(2) It shall come into force at once.

2.

Amendment of Article 203-B of the Constitution.

In the Constitution, in Article 203-B,-

(a) for paragraph (a) the following shall be substituted, namely:-

“(a)

“Chief Justice” means Chief Justice of the Court;”

(b) after paragraph (b), the following new paragraph shall be inserted, namely :-

(bb)

” Judge” means Judge of the Court;” and

(b) paragraph (d) shall be omitted.

3.

Amendment of Article 203-C of the Constitution.

In the Constitution, in Article 203-C,-

(a) of the word “members” the word “Judges” shall be substituted ;

(b) for the word “Chairman”, wherever occurring, the words “Chief Justice” shall be shall be substituted ; and

(c) for the word “member”, wherever occurring, the word “Judge” shall be substituted.

4.

Amendment of Article 203-D of the Constitution.

In the Constitution, in Article 203-D, in clause (1), after the word and comma “may”, the words “Either of its own motion or” shall be inserted.

5.

Substitution of Article 203-DD of the Constitution.

In the Constitution, for Article 203-DD the following shall be substituted, namely: –

“203-DD.

Revisional and other jurisdiction of the Court.

(l) 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 it self as to the correctness, legality or propriety of any finding, sentence or order recorded or passed by, and as to the regularity of any proceedings of, such Court and may, when calling for such record, direct that the execution on 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.”

6.

Amendment of Article 203-F of the Constitution.

In the Constitution in Article 203-F, after clause (2), the following new clauses shall be inserted namely:-

“(2-A)

An appeal shall lie to the Supreme Court from any judgement,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 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.

(2-B)

An appeal to the Supreme Court from a judgment, decision, order or sentence of the Federal Shariat Court in a case which the preceding clause do not apply shall lie only if the Supreme Court grants leave to appeal.”

7.

Insertion of new Article 203-GG in the constitution.

In the Constitution, after Article 203-G, the following new Article shall be inserted, namely :-

“203-GG.

Decision of Court binding on High Court and Courts subordinate to it.

Subject to Article 203-D and 203-F, 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.”

8.

Omission of Article 203-I of the Constitution.

In the Constitution, Article 203-I shall be omitted.

9.

Amendment of Article 208 of the Constitution.

In the Constitution, in Article 208, after the words “Supreme Court”, the words “and the Federal Shariat Court” shall be inserted.

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