Article 127
If more than one-third of the members of the House of People demand
the trial of the Chief Justice of the Supreme Court or any of its members
accused of a crime related to job performance or committing a crime,
and, the House of People approves this demand by two-thirds majority of
all members, the accused shall be dismissed and the issue referred to a
special court.
The formation of the court and procedure of the trial shall be regulated by
law.
Article 128
In the courts in Afghanistan, trials shall be held openly and every
individual shall have the right to attend in accordance with the law.
In situations clarified by law, the court shall hold secret trials when it
considers necessary, but pronouncement of its decision shall be open in all
cases.
Article 129
In issuing decision, the court is obligated to state the reason for its
verdict.
All final decisions of the courts shall be enforced, except for capital
punishment, which shall require Presidential approval.
Article 130
In cases under consideration, the courts shall apply provisions of this
Constitution as well as other laws.
If there is no provision in the Constitution or other laws about a case, the
courts shall, in pursuance of Hanafi jurisprudence, and, within the limits
set by this Constitution, rule in a way that attains justice in the best
manner.
Article 131
The courts shall apply the Shia jurisprudence in cases involving personal
matters of followers of the Shia sect in accordance with the provisions of
the law. In other cases, if no clarification in this Constitution and other
laws exist, the courts shall rule according to laws of this sect.