The Constitution of Pakistan, 1973 Developed by Zain Sheikh

CONSTITUTION (SECOND AMENDMENT) ORDER, 1979

PRESIDENT’S ORDER 21 OF 1979

[ Gazette of Pakistan, Extraordinary, Part 1, 18th October, 1979 ]

No. F.17(2)/79-Pub

The following Order made by the President on the 16th October, 1979 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. l 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, 1979.

(2) It shall come into force at once and shall be deemed to have taken effect on the fifth day of July,1977.

2.

Addition of new Article 212-A in the Constitution.

In the Constitution, in Part VII, after Article 212, the following new Article shall be added, namely:-

“212A

Establishment of Military Courts or Tribunals.

(l) Notwithstanding anything herein before contained, the Chief Martial Law Administrator may, by a Martial Law Order, provide for the establishment of one or more Military Courts or Tribunals for the trial of offences punishable under the Martial Law Regulations or Martial Law Orders or any other law, including a special law, for the time being in force specified in the said Martial Law Order and for the transfer of cases to such Courts or Tribunals.

(2) The jurisdiction and powers of a Military Court or Tribunal shall be such as may be specified in a Martial Law Order issued by the Chief Martial  Law Administrator.

(3) Notwithstanding anything herein before contained, where any Military  Court or Tribunal is established, no other Court, including a High Court, shall grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of the Military Court or Tribunal extends and of which cognizance has been taken by, or which has been transferred to, the Military Court or Tribunal and all proceedings in respect of any such matter which may be pending before such other Court, other than an appeal pending before the Supreme Court  shall abate.”