(4) Where __
(a) an application is made to a High Court for an order under paragraph (a) or paragraph (c)
of clause (1), and
(b) the making of an interim order would have the effect of prejudicing or interfering with the
carrying out of a public work or of otherwise being harmful to public interest 1[or State
property] or of impeding the assessment or collection of public revenues,
the Court shall not make an interim order unless the prescribed law officer has been given notice of
the application and he or any person authorised by him in that behalf has had an opportunity of being
heard and the Court, for reasons to be recorded in writing, is satisfied that the interim order
(i) would not have such effect as aforesaid; or
(ii) would have the effect of suspending an order or proceeding which on the face of the
record is without jurisdiction.
2[(4A) An interim order made by a High Court on an application made to it to question the
validity or legal effect of any order made, proceeding taken or act done by any authority or person,
which has been made, taken or done or purports to have been made, taken or done under any law
which is specified in Part I of the First Schedule or relates to, or is connected with, State property or
assessment or collection of public revenues shall cease to have effect on the expiration of a period of
six months following the day on which it is made:
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.]
3* * * * * * *
(5) In this Article, unless the context otherwise requires,__
"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
"prescribed law officer" means __
(a) in relation to an application affecting the Federal Government or an authority of or under
the control of the Federal Government, the AttorneyGeneral, and
(b) in any other case, the AdvocateGeneral for the Province in which the application is
made.
1 Ins. ibid.,
2 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 72, for "clause (4A)".
3 Clause (4B) omitted by the Chief Executive‘s Order, 2002 (24 of 2002), Art. 2 and Sch. which was previously amended by P.O. No. 14 of 1985, Art. 2 and Sch.
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