Special Courts and Tribunals

Special Courts and Tribunals

Table of Contents
Anti-Corruption Courts ---------------------------------------------------------------------------------------------------- 2
Anti-Narcotics Courts ------------------------------------------------------------------------------------------------------ 3
Anti-Terrorism Courts------------------------------------------------------------------------------------------------------ 4
Child Labor Courts---------------------------------------------------------------------------------------------------------- 5
Military Courts --------------------------------------------------------------------------------------------------------------- 7
Consumer Courts ------------------------------------------------------------------------------------------------------------ 9
Cyber-Crime Courts ------------------------------------------------------------------------------------------------------- 11
Family Courts --------------------------------------------------------------------------------------------------------------- 12
Intellectual Property Courts ---------------------------------------------------------------------------------------------- 13
Educational Tribunals ----------------------------------------------------------------------------------------------------- 14
Environmental Tribunals ------------------------------------------------------------------------------------------------- 15
Comparison with International Courts -------------------------------------------------------------------------------- 17
Family Courts (Pakistan) ---------------------------------------------------------------------------------------- 17
Family Courts (USA) -------------------------------------------------------------------------------------------- 17
Family Courts (England) ---------------------------------------------------------------------------------------- 18
Family courts (Australia)---------------------------------------------------------------------------------------- 18
Military Courts -------------------------------------------------------------------------------------------------------------- 18
USA MCs ---------------------------------------------------------------------------------------------------------- 18
England MCs------------------------------------------------------------------------------------------------------ 18
Australia MCs----------------------------------------------------------------------------------------------------- 18
Drug Courts ------------------------------------------------------------------------------------------------------------------ 18
USA DCs ---------------------------------------------------------------------------------------------------------- 18
Australia DCs ----------------------------------------------------------------------------------------------------- 18
England DCs ------------------------------------------------------------------------------------------------------ 18
Cyber Security Courts ----------------------------------------------------------------------------------------------------- 19
USA CSCs --------------------------------------------------------------------------------------------------------- 19
England CSCs----------------------------------------------------------------------------------------------------- 19
Australia CSCs---------------------------------------------------------------------------------------------------- 19
Educational Tribunals ----------------------------------------------------------------------------------------------------- 19
USA ETs ----------------------------------------------------------------------------------------------------------- 19
England ETs------------------------------------------------------------------------------------------------------- 19
Australia ETs------------------------------------------------------------------------------------------------------ 19

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 Special Courts and Tribunals

Anti-Corruption Courts
Introduction
The process which harms and vulnerable most, increasing cost and reducing basic values access
is Corruption.
“Special Judicial Body, division or set of judges with a substantial or elusive focus on
corruption related cases.”
Specialty
Their specialty is to free country from such factors:
❖ Bribery, lobbying, nepotism, influence paddling, embezzlement etc.
Establishment
❖ In beginning, Special Police Establishment (SPE).
❖ 1974, SPE merged in newly created FIA (Federal Investigation Agency) besides
corruption other responsibilities also entrusted to it.
❖ Office of Wafaqi Mohtasib.i
❖ National Accountability Bureau.ii
Jurisdiction
Restriction of corruption involvement in sectors:
❖ Tax regime
❖ Public utilities
❖ Public sector banking
❖ Public sector expenditures to stop bribery, embezzlement as discussed before.
Penalties
Penalties accomplishments are done related to Anti-Corruption Acts (sections).
❖ Involves imprisonment for years or confiscation of property, fines.
❖ Convicted may disqualify from running offices for a period according to the
punishmentiii.
Appeal
Appeal can be made by a person to Higher courts i.e. Provinces High courts or Supreme Court
of Pakistan within certain days.
Appointment of Judges

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❖ Judges shall be appointed by the President of Pakistan in consultation of Chief Justice

of High Court and hold office for three years.
❖ Judges should be advocate of High Court, not less than 10 years or Session judge.
Removal/Dismissal of Judges
By legal procedures they can be removed from the authorities.
Example
NAB ordinance, 1999 by Musharraf Govt.

Anti-Narcotics Courts
Introduction
Antinarcotics Courts, also known as Narcotics Courts, are specialized legal entities established
to handle cases related to drug offenses and narcotics-related crimes. Here's a brief overview
of their key aspects:
Specialty
Antinarcotics Courts specialize in handling cases related to drug trafficking, possession,
distribution, and other narcotics-related crimes. Their primary focus is on enforcing drug
control laws.
Establishment
These courts are established by the government to address the specific challenges posed by
narcotics-related crimes. The exact structure and organization can vary from one country to
another.
Jurisdiction
Antinarcotics Courts have jurisdiction over cases involving violations of drug laws. They can
hear cases related to drug possession, trafficking, manufacturing, and related offenses.
Penalties
The penalties for drug offenses vary depending on the severity of the crime and the laws of the
specific jurisdiction. Penalties can range from fines and probation to imprisonment.
Appeal
Similar to other courts, decisions made by Antinarcotics Courts can often be appealed to a
higher court if a party believes that the verdict was unjust or the legal process was not followed
correctly.
Appointment of Judges

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The appointment of judges to Antinarcotics Courts is typically carried out through the same
process as other judicial appointments in a given jurisdiction. Judges are usually legal
professionals with expertise in criminal law.
Removal/Dismissal of Judges
The removal of judges from Antinarcotics Courts follows the same procedures as for other
judges. It typically involves a judicial disciplinary process or may be subject to impeachment
or other legal mechanisms.
Example
Examples of Antinarcotics Courts include the "Drug Courts" in the United States and the
"Narcotics Control Court" in Bangladesh. These courts aim to address drug-related issues in a
specialized and targeted manner.
Conclusion
It's important to note that the specific details and procedures of Antinarcotics Courts can vary
significantly from one country to another, and even within regions or states. Therefore, it's
essential to consult the laws and regulations of the particular jurisdiction in question for more
precise information.

Anti-Terrorism Courts
Introduction
Anti-Terrorism Courts (ATCs) in Pakistan are specialized judicial entities established to
address and adjudicate cases related to terrorism. These courts play a crucial role in dealing
with offenses that threaten national security.
Specialty
ATCs are designed to handle cases involving acts of terrorism, ensuring a focused and
expedited legal process to address the unique challenges posed by such crimes. They aim to
deliver swift justice in the interest of national security.
Establishment
The establishment of Anti-Terrorism Courts in Pakistan took place through the Anti-Terrorism
Act, 1997. This legislation empowered the government to set up these specialized courts to
combat the growing threat of terrorism within the country.
Jurisdiction

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ATCs have the jurisdiction to try and decide cases related to terrorism, as defined by the Anti-
Terrorism Act. Their authority extends to a range of offenses, including bombings,
kidnappings, and other acts that fall under the umbrella of terrorism.
Penalties
ATCs have the authority to impose penalties as prescribed by the Anti-Terrorism Act. These
penalties can range from fines to imprisonment, depending on the severity of the offense and
the specific provisions of the law.
Appeal
Decisions made by ATCs can be appealed in higher courts, such as the High Courts and the
Supreme Court of Pakistan. The appeal process ensures that legal scrutiny is maintained,
upholding the principles of justice and fairness.
Appointment of Judges
Judges for Anti-Terrorism Courts are appointed by the respective High Courts. These
appointments are made based on the judges' expertise in criminal law and their ability to handle
the complexities associated with terrorism cases.
Salaries: The salaries of ATC judges are determined in line with the judicial pay scales set by
the government. Ensuring competitive salaries is crucial to attract and retain qualified and
experienced judges who can effectively handle terrorism-related cases.
Removal/Dismissal of Judges
The removal or dismissal of ATC judges follows established legal procedures. Any such action
is typically taken in accordance with the constitutional provisions and rules governing the
appointment and removal of judges.
Example
For a comprehensive understanding of Anti-Terrorism Courts in Pakistan, one can refer to legal
texts such as "The Anti-Terrorism Act, 1997" and works by legal scholars like [Author Name]
in [Book Title], providing insights into the historical context and legal framework surrounding
the establishment and functioning of ATCs in Pakistan.

Child Labor Courts

Introduction
The best stunning creature of Allah Almighty is children. The nature of child inwardly or
outwardly is pure and innocent. During this period, they learn the basic skills of life. No doubt,
they are magnificence of the universe.iv

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Specialty
Child Labor Court prohibit the employment of children and restrict the employment of
adolescents in curtain occupations and process.v
Establishment
Child Labor act was enacted in Pakistan in 1991 to address the issue of child labor.
Unfortunately, Pakistan wasn’t taking any action before this act.
Jurisdiction
❖ An occupier shall not employ or permit a child to work in the establishment.
❖ An occupier shall not employ or permit an adolescent to perform any hazardous work
in establishment.vi
❖ No child below the age of 14years shall be engaged in any factory or mine or any other
hazardous employment.vii
Penalties
❖ Whoever employs or permit any child to work in contravention of section-3 shall be
punishable to 1Year or fined.
❖ However, if convicted any offence under section-3 he shall be punished for 06 months
to 02 years.
Appeal
Any person who is not satisfied by the final orders may appeal in Lahore High Court within
30days.
Appointment of Judges
It is required to have a Law degree (LLB) and having practice of 02 years. Lahore High Court
held a competitive exam named as Civil Judge Cum Magistrates Competitive Examination.
❖ Salaries: The salaries of Judges vary from each other depending upon their experience
and their rank. The average range of salary for judges ranges from 1lac to 6lac.
Removal/Dismissal of Judges
The authority of removal of judges is to the Chief Justice. He appoints an Inquiry Officer if
he found guilty the case, then the accused judge may be dismissed or removed from service,
may lead to compulsory retirement, may censure or incridement withdraw.
Example
Islamabad Capital Territory Child Protection Bill, 2017.

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Military Courts
Introduction
Military court play a significant role in maintaining law, particularly during times of heightened
security concerns. These specialized courts were established to handle cases involve in
terrorism emergency and other offences threatening national security.viii
Specialty
The duration of these courts is 02 years.
❖ According to “Centre for Research and Security Studies 2016.”
❖ During material law, all other court get close but military court remain open.
Establishment
❖ Military courts were first established in 1953 in Lahore. 1st Martial law was imposed
to crab the rights of Qadianis. It was imposed by Zulfiqar Ali Bhutto.
❖ It was 2nd established in 1958 by Genenal Ayyub Khan.
❖ 3rd established in 1969 by General Yahya.
❖ In 1979, General Zia-ul-Haq set up military court all over the country.
❖ Military court was established to deal with terrorism in 2015.
Jurisdiction
The jurisdiction of Military typically include authority to hear and adjudicate case involving
member of armed forces.
❖ Military courts have jurisdiction over offenses outlined in military’s legal code or
regulations. These offenses include violation of the uniform code of military justice.
❖ Cases related to theft, damage, or misuse of military equipment property, or classified
information fall under military court jurisdiction.
Penalties
Military courts are responsible for handling legal matters within military and they imposed
various penalties which are given.
❖ They include Imprisonment, Fines, Loss of Rank, Forfeiture of Pay, Reprimands,
Administrative Discharge, Restrictions and Probations.
❖ Fine: Monetary fines may be imposed on individual found guilty of military offenses.
Amount of fine can based on nature and seriousness of violation.
❖ Loss of Rank: Soldiers found guilty of certain offenses may face demotion in rank as
a disciplinary measure.

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Appeal
Military courts handle legal matters with in armed forces and individuals subject to their
jurisdiction may have right to appeal decisions.
Specific procedure for appeal in military court can vary by country but some common grounds
for appeal may include
❖ Error in trial process
❖ Inadequate legal
❖ New evidence
❖ Sentencing issues
Appointment of Judges
❖ Judges appointed to military courts in Pakistan are typically drawn from general duty
officers of Pak Army.
❖ The minimum age required is around 40 years.
❖ Judges are usually appointed from rank of Brigadier and above.
❖ Salaries: Salaries for military judges in Pakistan would very based on their ranks and
year of service.
❖ 2nd Lt’s salary ranges from 40K to 50k pkr per month.
❖ Lt.’s salary ranges from 50K to 70K pkr per month.
❖ Captain’s salary ranges from 70K to 90K pkr per month.
Removal/Dismissal of Judges
Procedure: The procedure for removing a judge from military court typically involve several
steps and may vary depending on jurisdiction and circumstances.
Review by Superior Authority: In many cases, to remove a judge is made by higher-ranking
official or body within military justice system.
Written charge: If judge is to be removed the party seeking removal must file written charge
against them. These charges should outline specific behaviors or actions that led to request for
removal.
Investigation: After receiving written charge, investigation will be conducted into allegations.
Investigation may be conducted by military police officer, an inspector general or another
designated individual.
Hearing: Once investigation has been completed hearing will be held to consider the charges
against judges.

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Findings and Recommendations: After considering all of evidence presented at hearing,

military tribunal or legal body will make findings of fact and recommend whether the judge
should be removed. Their recommendation will then be forwarded to higher-ranking officials
who initiated the removal process.
Removal orders: Based on findings of hearing and recommendation of tribunal or legal body,
higher-ranking officers will issue order to remove judge from office.
Example
"Famous precedent in Pakistan is the case of Pervaiz Musharraf he was sentenced to death by
a special court for his involvement in imposing a state of emergency in 2007."

Consumer Courts
Introduction
These courts are to provide protection and promotion of the rights and interest of the consumer.
Specialty
Court shall work or proceed only when there is a defect in construction or composition.
❖ Effect in design.
❖ Defective because of inadequate warning.
❖ Defective because of inconformity to express warranty.
Establishment
❖ Govt shall establish one or more separate consumer courts by notification (for an area
comprising of one or more districts) to exercise jurisdiction and powers.
❖ Consumer court shall consist of a (District Judge or Additional District Judge) to be
appointed by the Govt in consultation with Lahore High Court.
❖ It requires 10 years practice.
Jurisdiction
❖ Consumer court shall have the jurisdiction to entertain the complaints within local
limits of whose jurisdiction.
❖ The defendant or each of the defendants where there are more than one, at the time of
filing the claim actually or voluntarily resides or carries on Business or personally
works for gain.

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❖ Provided that in such case the permission is granted by the consumer court or defendant
who do not reside or carry on Business or personally work for gain as case may be,
acquiesce in such institution; or
❖ The cause of action wholly or partially arises.
Penalties
When a manufacturer fails to perform, he shall be punished with imprisonment which may
extent to 02 years or with fine may extend to hundred thousand rupees or with both in addition
to damages or compensation as may be determined by the court.
Appeal
Any person who is not satisfied by the final order may appeal in the Lahore High Court, within
30 days of such order.
Appointment of Judges
❖ A consumer court shall consist of a District Judge or an Additional Session Judge to be
appointed by the Government in constitution with Lahore High Court.
❖ The terms and conditions of service of (District Judge or an Additional Session Judge)
appointed under sub section-2 shall be such as may be prescribed.
Removal/Dismissal of Judges
❖ (a). The judge is incapable of performing the duties of his office or has been guilty of
misconduct, and
❖ (b). He should be removed from office; the President may remove the Judge form
Office.
❖ A judge of Supreme Court or of a High Court shall not be removed from office except
as provided by this Article.
Example
Case title: M.Khalid vs Raza Electronics
Location: Sahiwal, Punjab, Pakistan.
Facts of Case: The claimant on 22-3-10, Purchased LG Tv of Rs7500/- with 5years picture
tube warranty and 01year free service. The packing and look of said Tv was exactly like that
of original one but subsequently, it revealed that the defendant sold him the Tv made in China.
The claimant repeatedly asked the defendant to replace it but defendant despite of issuance of
legal notice, didn’t responded.
Court Decision/Verdict

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The claim is accepted in terms of the defendant shall immediately provide original LG TV 14
but with such replacement the claimant shall return China made TV to the defendant. The
claimant is also held entitled to get token damages to the tune of Rs1000/- as payment of legal
charges.ix

Cyber-Crime Courts
Introduction
Cybercrime courts also known as Cybercrime Units or Cybercrime Divisions, are specialized
legal entities established to handle cases related to cybercrimes and digital offenses. Here's a
brief overview of their key aspects:
Specialty
Cybercrime Courts specialize in handling cases related to computer-based crimes, such as
hacking, online fraud, identity theft, cyberbullying, and other digital offenses. They focus on
enforcing laws related to cybercrimes.
Establishment
These courts are established by governments in response to the growing challenges of
cybercrimes. They are designed to address the unique aspects of prosecuting and adjudicating
digital offenses.
Jurisdiction
Cybercrime Courts have jurisdiction over cases involving violations of cybercrime laws. They
handle cases related to unauthorized access to computer systems, data breaches, online
harassment, and other digital offenses.
Penalties
Penalties for cybercrimes vary widely depending on the severity of the offense and the specific
laws of the jurisdiction. Penalties can range from fines and probation to imprisonment and asset
forfeiture.
Appeal
Similar to other courts, decisions made by Cybercrime Courts can be appealed to higher courts
if one party believes that the verdict was unjust or the legal process was not followed correctly.
Appointment of Judges
Judges in Cybercrime Courts are typically legal professionals with expertise in technology,
cyber law, or criminal law. They may be appointed through the same processes as other judicial
appointments in a given jurisdiction.

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Removal/Dismissal of Judges
The removal of judges from Cybercrime Courts typically follows the standard procedures for
the removal of judges in that jurisdiction, such as a disciplinary process or impeachment.
Example
Examples of Cybercrime Courts include specialized cybercrime divisions in various countries,
such as the "Cyber Crime Unit" in the United Kingdom, the "Cybercrime and Digital Evidence
Division" in India, and various cybercrime units within law enforcement agencies globally.
These specialized units and divisions work to combat cybercrimes effectively.
Conclusion
It's important to note that the specifics of Cybercrime Courts can vary from one country to
another and may be adapted to address the unique challenges posed by cybercrimes in different
regions. Therefore, for more detailed information, it's essential to consult the laws and
regulations of the specific jurisdiction in question.

Family Courts
Introduction
Family court is a specialized legal entity designed to address matters related to family law, such
as divorce, child custody, spousal, support and domestic violence. These courts aim to provide
a supportive and sensitive environment to resolve family disputes.
Specialty
Family courts are designed to address the unique complexities and sensitivities of family issues.
The specialty of family court lies in their exclusive focus on handling legal matters related to
family and domestic relations.
Establishment
The establishment of family courts varies by jurisdiction, but generally the recognition of
unique complexities involved in family law matters. The aim is to prioritize the best interest of
the family and promote efficient and just resolutions to familial conflicts.
Jurisdiction
The jurisdiction of family courts typically extends to matters involving family law and
domestic relations. This includes, but not limited to Divorce, Child custody, Child support,
Alimony Domestic violence, adoption, paternity, Guardianship.
Penalties

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Family court cases do not typically involve criminal penalties in the way criminal cases do.
Family courts primarily deal with matters related to family law. Here are some potential
outcomes rather than penalties, Enforcement, order restraining order.
Appeal
To appeal against a family decision, the following general steps are typically involved.
❖ File a notice of appeal, grounds of appeal, appellate court Review Briefs and arguments.
Appointment of Judges
The appointment of family judges varies by jurisdiction, and the process is typically determined
by the legal system of the country and region, Educational and Professional, judicial
nomination electron, training and Orientation.
Removal/Dismissal of Judges
The removal of family court judges is a significant process that varies by jurisdiction. Removal
proceedings are often initiated due to allegations of judicial misconduct, where a judge is
deemed unfit for the position. In certain cases, public pressure or legislative action may play a
role in the removal of process.
Example
“Shehr Bano Case” in 1985. It highlighted the issues related to Muslim Women’s rights,
particularly maintenance after divorce.

Intellectual Property Courts

Introduction
Intellectual Property Rights (IPR) refers to the legal rights given to the inventor or creator to
protect his invention or creation for a certain period of time.
Establishment
Intellectual Property tribunal established under the IP Organization of Pakistan Act 2012.
These tribunals are present in Islamabad, Lahore and Karachi.
Jurisdiction
The cases related to patents, trademarks, copyrights, and trade secrets are in the IPR tribunals.
Penalties & Appeal
Pakistan Penal Code (PPC) provides punishment under section-478 to 489 against the violation
of IP rights. It consists of two to three years of imprisonment with fine.

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Appeals against the IPR tribunal victim can be made in Karachi; special court of Intellectual
Property Rights.x
Appointment of Judges
The appointment of Judges in IPR tribunals follows a meticulous process in which judges are
typically required to process advanced degrees in law with, a focus on intellectual property.
Extensive experience in IPR cases, either as legal practitioners or Scholars necessary. It is
nominated by legal authorities.
❖ Salaries: The salaries of judges are determined based on a wealth of experience and
specialized knowledge command higher salaries. In some cases, performance-based
bonuses are awarded. Their salaries are started from 350k to 750k pkr.
Example
Intellectual Property Right case in Apple and Samsung electronics. In 2012, Apple filed a case
against Samsung for patent infringement claiming that Samsung’s smartphones and tablets
copied the design and functionality of Apple’s iPhone and iPad. This case involved various
design and utility patents related to features such as “slide to unlock” function and icon layouts.

Educational Tribunals
Introduction
Educational Tribunals, also known as Education Tribunals or Administrative Tribunals, are
specialized legal entities established to handle disputes and issues related to education. Here's
a brief overview of their key aspects:
Specialty
Educational Tribunals specialize in resolving disputes and issues related to education,
including matters concerning students, teachers, and educational institutions. They focus on
enforcing education-related laws and regulations.
Establishment
These tribunals are established by governments to provide a forum for resolving disputes and
grievances within the education sector. They are designed to address issues specific to the
educational field.
Jurisdiction

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Educational Tribunals have jurisdiction over cases involving education-related disputes, such
as student discipline, teacher employment disputes, admissions, curriculum issues, and other
matters pertaining to educational institutions.
Penalties
The penalties or resolutions issued by Educational Tribunals can vary widely, depending on
the nature of the dispute. They may include reinstatement of a student or teacher, changes in
school policies, or other remedies designed to address the specific issue.
Appeal
Decisions made by Educational Tribunals may be subject to appeal to higher courts if a party
believes that the verdict was unjust or the legal process was not followed correctly.
Appointment of Judges
Judges in Educational Tribunals are typically legal professionals with expertise in education
law and administrative law. They may be appointed through the same processes as other
judicial appointments in a given jurisdiction.
Removal/Dismissal of Judges
The removal of judges from Educational Tribunals usually follows the standard procedures for
the removal of judges in that jurisdiction, such as a disciplinary process or impeachment.
Example
Examples of Educational Tribunals can be found in various countries, often as part of their
administrative or legal systems. For instance, the United Kingdom has Special Educational
Needs and Disability Tribunals, which handle disputes related to special educational needs and
disabilities in schools. Similarly, the United States has various state-level educational tribunals
that address issues related to education, such as disputes over Individualized Education
Programs (IEPs) for students with disabilities.
Conclusion
The specifics of Educational Tribunals can vary from one jurisdiction to another, so it's
important to consult the relevant laws and regulations in a specific area for more detailed
information on how these tribunals operate.

Environmental Tribunals
Introduction

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The Act was passed to provide the protection, conservation, rehabilitation and improvement of
the environment to control the pollution and promote the sustainable development.
Specialty
The Environmental Protection Tribunal is final fact-findings authority in cases/issues related
to environment as a whole.
Establishment
The Pakistan environmental protection Act was passed by the National Assembly of Pakistan
on Sep 3, 1997.
The council shall
❖ Coordinate and supervise the enforcement of the provisions of this act.
❖ Approve comprehensive national environment policies and ensure their implementation
within the framework of national conservation strategy.
❖ Shall approve national environmental standards.
❖ Provide guidelines for the protection and conservation of species, habitats, and
biodiversity in general.
Penalties
Whoever fails to comply with the provisions of section-11, 12, 13 or section-16 or any order
issued thereunder shall be punishable with fine which may extend to one million rupees and in
the case of a continuing failure, with additional fine which may extend to one hundred
thousand rupees for everyday during such failure continues. Environmental Magistrate may,
in addition to the punishment awarded thereunder:
❖ Sentenced him to imprisonment for a term which may extend up to 02 years.
❖ Order the closure of Factory.
❖ Order confiscation of the factory, machinery and equipment, vehicle, material or
substance, record or document other object used or involved in the contravention of the
provisions of this act.
Appeal
An appeal to the environmental tribunal under section-22 in a form of memorandum, shall be
prepared in triplicate and sent to the registrar by registered post acknowledgement due or
presented him during office hours.
The appeal shall be accompanied by
❖ A copy of impugned order
❖ Copied of all documents on which appellant relies

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❖ Fee, as prescribed
Appointment of Judges
❖ Each Environmental Tribunal shall consist of three members.
❖ The chairperson should be the judge of High Court.
❖ The Technical member. He/She is required to have a suitable professional degree and
experience.
❖ The third member, if not also a technical member, shall be a person who has for a period
of not less than 10 years held an appointment or post in the service of Pakistan, or who
for the said period has been the advocate of High Court.
❖ Salaries: (1). If a retired Judge of High court is appointed as the chairperson, he shall
be entitled to such salary, allowances and privileges as are admissible to him as a judge.
(2). If a person who is in the service of Pak is appointed as a member, he shall be entitled
to the same salary, allowance and privileges as are permissible to him in such service.

Removal/Dismissal of Judges
❖ The chairperson or member may resign his office by writing under his hand addressed
to the Federal Govt.
❖ The chairperson or member shall only be removed from the office in the manner
applicable to like the judge of High Court.
Example
Members of civil society filed a suit against Pakistan for failure to plant, protect, manage,
preserve and conserve the trees and forests in Punjab in violation of Petitioner’s constitutional
rights. The High Court of Lahore allowed the writ of madamus, ordering the government to
fulfil their obligations under the law to safely manage, conserve, sustain, maintain, protect, and
grow forest in urban areas.xi

Comparison with International Courts

Family Courts (Pakistan)
❖ Pakistani family courts may consider Islamic Laws and principles, especially in matters
such as marriage, divorce and inheritance.

Family Courts (USA)

❖ USA family courts are generally secular and operate based on civil laws with a
separation of Church and state.

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Family Courts (England)

❖ England has a unified family court system, where family matters are typically heard in
a single court rather than separate courts of different issues.

Family courts (Australia)

❖ The family court of Australia is a Federal court that deals exclusively with family law matters
at a national level. The Federal circuit court also have jurisdiction over family law matters,
including divorce or child matters.

Military Courts
USA MCs
❖ In United States, military justice is administrated through the uniform code of military
justice. There are three types of court martial; Summary, Special, and General. The
highest appellate court for the military is the United States court of appeals for the
armed forces.

England MCs
❖ In the United Kingdom, the military justice system is governed by the armed Act.
Appeals from military courts in the UK can be heard by the court Martial appeal
court.

Australia MCs
❖ In Australia, military justice is administrated under the Defense Act. Similar to the
USA and the UK. Australia has military courts to address officers within military.

Drug Courts
USA DCs
❖ Drug courts in the United States are specialized court programs designed to address
substance abuse and addiction issues among individuals facing non-violent drug
related offenses. The focus of drug courts is on treatment rather than punishment.

Australia DCs
❖ In Australia, there is no specific court for drug but Magistrate courts in various states
may have specific lists or processes to deal with cases involving substance abuse and
addressing the underlying causes of drug-related offenses.

England DCs
❖ There are no specific courts for drug but England has various mechanisms and
programs within the criminal justice system services aimed at addressing substance
abuse issues. Youth offending teams may work with individuals to address substance
misuse issues. Implement drug treatment and testing order specially designed to
address drug misuse.

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Cyber Security Courts

USA CSCs
❖ There are no specific courts but Federal Courts have jurisdiction over cases involving
cybercrimes that violate Federal laws. The computer fraud and abuse Act is a primary
federal law addressing computer-related offenses. Federal Bureau of investigation and
the United States secret service are often involved in investigating and prosecuting
cybercrimes.

England CSCs
❖ Cybercrime cases in England are generally prosecuted within the criminal justice
system. Magistrates courts and Crown courts may handle cases. National Cybercrime
Agency and local police forces, may have specialized units or terms dedicated to
investigate cybercrime.

Australia CSCs
❖ Cybercrime cases may be prosecuted in both federal and territory courts. The Australian
Federal Police is the primary law enforcement agency responsible for investigating.
Offenses can result in fines, imprisonment.

Educational Tribunals
USA ETs
❖ In the United States, educational disputes are often resolved through due process
hearing or through the courts, depending on the nature of the issue. There is not
specific educational tribunal court but legal avenues may be pursued.

England ETs
❖ In England, the Special Education Needs and Disability (SEND) Tribunal handles
disputes related to special educational needs. It is on independent body that hears
appeals against decisions made by local authorities regarding the education of
children with Special needs.

Australia ETs
❖ In Australia, each state and territory have its own legal and administrative
mechanisms for addressing educational disputes. For instance, the new South Wales
Civil and administrative tribunal (NCAT) in Australia can handle certain education
related matters.

References
i Office of Wafaqi Mohtasib (by Presidential order 1983).
ii NAB ordinance, 1999.
iii
(Anti-Corruption resource center).

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 Special Courts and Tribunals

iv
Pakistan Administrative Review 2018, by Faiza Fatima(ph.d), Sabir Ali(ph.d).
v
Act 29 Oct, 2016.
vi
Restriction of Employment Act 29 Oct, 2016.
vii
Article 11.3 Constitution of Pakistan 1973.
viii
Military Courts Special Reference: Ibrahim Asghar (Session Judge), Ghulam Qasim (Staff Officer).
ix
Punjab Consumer Protection Act, 2005.
x
Wikipedia.
xi
Environmental Protection Act, 1999.

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