Daily Times

A 218-member delegation of National Defence University (NDU) headed by Major General Rahat Naseem Khan called on Chief Justice of Pakistan (CJP) Justice Gulzar Ahmed here on Friday as part of their study tour.

The delegation comprised of faculty members, participants of National Security and War Course – 2022 including officers of Pakistan Army, officers from 13 friendly countries and also officers from services/occupational groups of civil bureaucracy.

Chief Justice while addressing the delegation gave an overview of the judicial system of Pakistan, composition and functioning of different tiers of judicial system including superior courts as well as district courts. He also briefed them about the constitutional responsibilities and jurisdiction conferred upon the courts for smooth dispensation of justice to public at large.

Addressing the participants, he said that courts were established in the country under Article 175 of the Constitution. In Pakistan, there was mainly four tier judicial system to hear civil and criminal cases, he added. He said that there was a Federal Shariat Court established under Article 203C of the Constitution and under Article 203D it had jurisdiction to examine and decide the question whether or not any law or any provision of law was repugnant to the Injunctions of Islam. While under Article 203DD it had jurisdiction to decide any appeal arising out of any criminal Court under the enforcement of Hudood Laws.

He said that under Article 184(1) of the Constitution, the Supreme Court had been conferred the original jurisdiction to the exclusion of every other Court, in any dispute between two or more Governments, and the term government has been explained to mean federal government and the provincial governments, in which case the Supreme Court should pronounce declaratory judgment.

Under Article 184(3) of the Constitution, the Supreme Court had also been conferred the original jurisdiction in matters relating to question of public importance with reference to enforcement of any of the fundamental rights, he added. He said that under Article 185 of the Constitution, the Supreme Court had been conferred the appellate jurisdiction to hear appeals from judgments, decrees, final orders or sentences passed by the High Courts.

Under Article 186 of the Constitution, the Supreme Court had been conferred advisory jurisdiction that if, at any time, the President considers that it was desirable to obtain the opinion of the Supreme Court on any question of law which he considered of public importance, he could refer the question to the Supreme Court for consideration. He said that there were many other Courts established under various laws, which include, Accountability Courts, Commercial Courts, Anti-Terrorism Courts, Anti-Corruption Courts, Special Courts (Offences in Banks), Special Courts (Control of Narcotic Substances), Special Courts Customs, Taxation and Anti-Smuggling, and Labour Courts.

“There are many Tribunals established under the provisions of the Constitution and the law. Under Article 212 of the Constitution, the Service Tribunals have been constituted at Federal and Provincial level to decide the matters relating to the terms and conditions of service of the civil servants. Under Article 225 of the Constitution, the Election Tribunals are constituted to hear and decide election disputes. There are many other Tribunals which include, the Labour Appellate Tribunals, Customs Appellate Tribunals, Anti-Dumping Appellate Tribunals, Environmental Protection Tribunals, Insurance Appellate Tribunals, etc,” he said.

Earlier, Registrar of the apex Court, welcomed the delegation. Major General, Rahat Naseem Khan, Chief Instructor extended thanks to the Chief Justice for sparing time for delegation and presented a shield to the Chief Justice on behalf of the Course participants as token of remembrance and gesture of goodwill. The Chief Justice reciprocated the same.