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Pakistan
Judiciary
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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