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(a) an application is made to a High Court for an order under paragraph (a)
or paragraph (c) of clause (1), and
Provided that the matter shall be finally decided by the High Court
within six months from the date on which the interim order is
made.]
5[(4B)] Omitted
person includes any body politic or corporate, any authority of or under the
control of the Federal Government or of a Provincial Government, and any
Court or tribunal, other than the Supreme Court, a High Court or a Court or
tribunal established under a law relating to the Armed Forces of Pakistan;
and
(b) in any other case, the Advocate-General for the Province in which the
application is made.
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Footnotes:
(3) An order shall not be made under clause (1) on application made by or
in relation to a member of the Armed Forces of Pakistan in respect of his
terms and conditions of service, in respect of any matter arising out of his
service, or in respect of any action taken in relation to him as a member of
the Armed Forces of Pakistan.
(a) make an order relating to the validity or effect of any Martial Law
Regulation made by the Chief Martial Law Administrator or any Martial Law
Order made by the Chief Martial Law Administrator or a Martial Law
Administrator or of anything done, or action taken or intended to be done or
taken, thereunder;
(d) issue any process against the Chief Martial Law Administrator or a
Martial Law Administrator or any person acting under the authority of either.
(3C) The proclamation of the fifth day of July, 1977, all Presidents Orders,
Orders of the Chief Martial Law Administrator, Martial Law Regulation and
Martial Law Orders made on or after the fifth day of July, 1977, are hereby
declared, notwithstanding any judgment of any Court, to have been validly
made.
(3A) A High Court shall not make an order under clause (1)
(b) for the grant of bail to a person detained, under any law providing for
preventive detention.
(b) an order for the release on bail of any person detained under any law
providing for preventive detention;
(c) an order for the release on bail, or an order suspending the operation of
an order for the custody, of any person against whom a report or complaint
has been made before any court or tribunal, or against whom a case has
been registered at any police station, in respect of an offence, or who has
been convicted by any court or tribunal;
(d) an order prohibiting the registration of a case at a police station, or the
making of a report or complaint before any court or tribunal, in respect of an
offence; or
(e) any other interim order in respect of any person referred to in any of the
preceding paragraphs.
(3B) Every such order as is referred to in clause (3A) made at any time after
the commencement of the Constitution (Fourth Amendment) Act, 1975, shall
cease to have effect and all applications for the making of any such order
that may be pending before any High Court shall abate.
(3C) The provisions of clauses (3A) and (3B) shall also apply to the disposal
of an application in a petition for leave to appeal, or in an appeal, from an
order such as is referred to in the said clause (3A) that may be pending
before the Supreme Court immediately before the commencement of the
Constitution (Fifth Amendment) Act, 1976.
3. Item 40 of the schedule to P.O. No. 14 of 1985, inserted the said words
in paragraph (b) of clause (4) of Art. 199, (w.e.f. March 2, 1985).
B. Item 40 of the schedule to P.O. No. 14 of 1985, inserted the said words in
clause (4A) of Art. 199, and also substituted the said words, in place of the
words sixty days therein, (w.e.f. March 2, 1985).
C. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of
2003), validated the substitution in clause (4A) of Art. 199, (w.e.f.
December 31, 2003). Item 18 of the schedule to C.E.O. No. 24 of 2002,
substituted the said comma and words, in place of the words and commas
unless the case is finally decided, or the interim order is withdrawn, by the
Court earlier in clause (4A) of Art. 199, (w.e.f. August 21, 2002).
(4B) Every case in which, on an application under clause (1), the High
Court has made an interim order shall be disposed of by the High Court on
merits within six months from the day on which it is made, unless the High
Court is prevented from doing so for sufficient cause to be recorded.