Law:

Section:

(a) Constitution of Pakistan (1973)------ Arts 184(3) & 8(3) --- Pakistan Army Act (XXXIX of 1952), S.133 --­Original jurisdiction of Supreme Court under Art.184(3) of the Constitution --­Bar of appeals as provided by S.133, Pakistan Army Act, 1952 --- Effect Provision of S.133, Pakistan Army Act, 1952 being a sub-Constitutional enactment can neither affect. nor takes away the powers and jurisdiction exercised by Supreme Court under Art. 184(3) of the Constitution. A provision barring jurisdiction of Courts contained in a sub-Constitution of enactment, however expressly and widely worded, cannot affect or take away the jurisdiction of superior Courts conferred on them under the Constitution. It is, therefore, quite clear that the bar of jurisdiction contemplated under section 133 of the Act can neither affect nor takes away the powers and jurisdiction exercised by Supreme Court under Article 184(3) of the Constitution. The protection given to the Pakistan Army Act under Article 8(3)(a) of the Constitution cannot enhance its status from a sub-Constitutional legislation to a Constitutional provision of law, so as to affect the jurisdiction of Supreme Court conferred by the Constitution The jurisdiction conferred on Supreme Court under Article 184(3) of the Constitution cannot be affected or taken away by any sub-Constitutional legislation. Section 133 of the Act did not affect the jurisdiction of Supreme Court under Article 184(3) of the Constitution.. (b) Jurisdiction--- Provision barring jurisdiction of Courts contained in a sub-Constitutional enactment, however expressly and widely worded, cannot affect or take away the jurisdiction of superior Courts conferred on them under the Constitution. (c) Constitution of Pakistan (1973)-- ---- Art. 8 --- Pakistan Army Act (XXXIX of 1952), Preamble --- Interpretation of Art.8, Constitution of Pakistan (1973)--[Interpretation of- Constitution]. Clause (1) of Article 8 of the Constitution of Pakistan (1973) declares all laws, usages and customs having force of law, which are inconsistent with the rights conferred by Chapter 1 of Part 11 of the Constitution A void to the extent of inconsistency. The mandate in clause,…

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