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WEEKLY NEWSLETTER
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Pakistan
Index
The judiciary includes the Supreme Court, provincial
high
courts, and other lesser courts exercising civil and
criminal
jurisdiction. The chief justice of the Supreme Court is
appointed
by the president; the other Supreme Court judges are
appointed by
the president after consultation with the chief justice.
The
chief justice and judges of the Supreme Court may remain
in
office until age sixty-five. The Supreme Court has
original,
appellate, and advisory jurisdiction. Judges of the
provincial
high courts are appointed by the president after
consultation
with the chief justice of the Supreme Court, as well as
the
governor of the province and the chief justice of the high
court
to which the appointment is being made. High courts have
original
and appellate jurisdiction.
There is also a Federal Shariat Court consisting of
eight
Muslim judges, including a chief justice appointed by the
president. Three of the judges are ulama, that is, Islamic
Scholars, and are well versed in Islamic law. The Federal
Shariat
Court has original and appellate jurisdiction. This court
decides
whether any law is repugnant to the injunctions of Islam.
When a
law is deemed repugnant to Islam, the president, in the
case of a
federal law, or the governor, in the case of a provincial
law, is
charged with taking steps to bring the law into conformity
with
the injunctions of Islam. The court also hears appeals
from
decisions of criminal courts under laws relating to the
enforcement of
hudood (see Glossary) laws that is, laws
pertaining to such offenses as intoxication, theft, and
unlawful sexual intercourse
(see Islamic Provisions
, ch. 5).
In addition, there are special courts and tribunals to
deal
with specific kinds of cases, such as drug courts,
commercial
courts, labor courts, traffic courts, an insurance
appellate
tribunal, an income tax appellate tribunal, and special
courts
for bank offenses. There are also special courts to try
terrorists
(see Courts and Criminal Procedure
, ch. 5).
Appeals
from special courts go to high courts except for labor and
traffic courts, which have their own forums for appeal.
Appeals
from the tribunals go to the Supreme Court.
A further feature of the judicial system is the office
of
Wafaqi Mohtasib (Ombudsman), which is provided for in the
constitution. The office of Mohtasib was established in
many
early Muslim states to ensure that no wrongs were done to
citizens. Appointed by the president, the Mohtasib holds
office
for four years; the term cannot be extended or renewed.
The
Mohtasib's purpose is to institutionalize a system for
enforcing
administrative accountability, through investigating and
rectifying any injustice done to a person through
maladministration by a federal agency or a federal
government
official. The Mohtasib is empowered to award compensation
to
those who have suffered loss or damage as a result of
maladministration. Excluded from jurisdiction, however,
are
personal grievances or service matters of a public servant
as
well as matters relating to foreign affairs, national
defense,
and the armed services. This institution is designed to
bridge
the gap between administrator and citizen, to improve
administrative processes and procedures, and to help curb
misuse
of discretionary powers.
Data as of April 1994
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