PART  2

Other Courts

Establishment of other courts.

65.  (1)  Parliament may establish courts subordinate to the High Court and courts-martial, and a court so established shall, subject to this Constitution, have such jurisdiction and powers as may be conferred on it by any law.

(2)  The High Court shall have jurisdiction to supervise any civil or criminal proceedings before a subordinate court or court-martial, and may make such orders, issue such writs and give such directions, as it may consider appropriate for the purpose of ensuring that justice is duly administered by those courts.

(3)  The Chief Justice may make rules with respect to the practice and procedure  of the High Court in relation to the jurisdiction and powers conferred on it by subsection (2).

Kadhis’ courts

66. (1)  There shall be a Chief Kadhi and such number, not being less than three, of other Kadhis as may be prescribed by or under an Act of Parliament.

(2)   A person shall not be qualified to be appointed to hold or act in the office of Kadhi unless:-

(a)   he professes the Muslim religion; and

(b)   he possesses such knowledge of the Muslim law applicable to any sect or sects of Muslims as qualifies him, in the opinion of the Judicial Service Commission, to hold a Kadhi’s court.

(3)   Without prejudice to section 65 (1), there shall be such subordinate courts held by Kadhis as Parliament may establish and each Kadhi’s court shall, subject to this Constitution, have such jurisdiction and powers as may be conferred on it by any law.

(4)   The Chief Kadhi and the other Kadhis, or the Chief Kadhi and such of the other Kadhis (not being less than three in number) as may be prescribed by or under an Act of Parliament, shall each be empowered to hold a Kadhi’s court having jurisdiction within the former Protectorate or within such part of the former Protectorate as may be so prescribed:

Provided that no part of the former Protectorate shall be outside the jurisdiction of some Kadhi’s court.

(4)  The jurisdiction of a Kadhi’s court shall extend to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion.

References and appeals’ on interpretation of Constitution.

67.  (1) Where a question as to the interpretation of this Constitution arises in proceedings in a subordinate court and the court is of the opinion that the question involves a substantial question of law, the court may, and shall if a party to the proceedings so requests, refer the question to the High Court.

(2)  Where a question is referred to the High Court in pursuance of subsection (1), the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision.

(3)  When the High Court is determining a matter in connexion with a reference to it under subsection (1), (other than an interlocutory matter) it shall be composed of an uneven number of judges, not being less than three.

(4)  Where a subordinate court or a court-martial has given a final decision in civil or criminal proceedings on a question as to the interpretation of this Constitution, and the question has not already been referred to the High Court under subsection (1) of this section or under section 84 (3), an appeal shall lie against that decision as  of right to the High Court, either:-

(a)   direct; or

(b)   if:-

(i)                 an appeal lies as of right from the decision to another subordinate court or court-martial; or

(ii)               an appeal lies from the decision to another subordinate court or court-martial with the leave of the court that gave the decision or of some other court, and that leave has not been withheld,

by way of that other subordinate court or court-marital