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SUPREME APPLELLATE COURT (PROCEDURE) RULES, 1991

 

[The Gazette of Pakistan, Extraordinary, Nov. 26, 1991]

 

            S.R.O. 1193 (1) 91.In exercise of the powers conferred by section 18 of the Special Courts for Speedy Trials Ordinance, 1991 (XXV of 1991), the Federal Government is pleased to make the following rules, namely: —

 

            1.         Short title and commencement. — (1) These rules may be called the Supreme Appellate Court (Procedure) Rules, 1991.

            (2)        These shall come into force at once.

 

            2.         Definitions. – In these rules, unless there in anything repugnant in the subject or context, —

               (a)        “appeal” means an appeal from the final judgment or order of the Special Court;

               (b)        “Chairman” means Chairman of the Court;

(c)        “Court” means the Supreme Appellate Court constituted under sub-section (1) of section 13 of the Ordinance;

(d)        “Ordinance” means the Special Courts for Speedy Trials Ordinance, 1991 (XXV of 1991); and

(e)        “Registrar” means Registrar of the Court and includes any other officer authorised by the Government to perform all or any of the functions of the Registrar.

 

            3.         Timings. — (1) The working hours of the Court shall be as under: —

 

Court Hours

 

(Saturday to Thursday)

 

                        9.00 a.m to 11.00 a.m.                                                                                     ..   ..   ..   .. Court sittings

                        11.00 a.m to 11.30 a.m.                                                                                   ..   ..   ..   .. Interval

                        11.30 a.m to 1.30 p.m.                                                                                     ..   ..   ..   .. Court sittings

 

Office Hours

 

(Saturday to Thursday)

 

                        8.00 a.m to 2.30 p.m.

 

            (2)        Unless the Chairman directs otherwise, there shall be no Court sitting on Thursday.

 

            4.         Cause list, etc. — (1) The Registrar shall with the approval of the Chairman, prepare a roaster of Court sittings and a cause list of the appeals, to be heard by the Courts,

            (2)        A copy each of the roaster and cause list prepared under sub-rule (1) shall be pasted at the outer door of the Court room and the notice board affixed for the purpose in the Court premises.

 

            5.         Form and contents of appeal. — (1) An appeal shall be prepared in hexamerous in the form of a memorandum signed by the appellant himself, or by is counsel, if any, and shall be accompanied by similar number of copies of the decision of the Special Court:

 

            Provided that, where an appeal if filed from jail by a convict who is not represented by a counsel, copies of the appeal and judgment of the Special Court shall be caused to be prepared by the Registrar at Government expense.

            (2)        The memorandum shall set forth concisely and under distinct numbered heads, the grounds of objection to the judgment of the Special court appealed from without any argument or narrative.

            (3)        Every appeal shall be placed in a folder specified by the Court in this behalf.

 

            6.         Presentation of appeal. — (1) Every appeal shall be presented personally by the appellant himself or by his counsel to the Registrar or any other officer authorised by the Government or Registrar in this behalf, between 8.30 a.m., to 12.00 noon.

            (2)        When an appeal is not drawn up in the manner hereinbefore prescribed, it may be returned to the appellant or his counsel, to bring it in conformity with provisions of rule 5:

 

            Provided that the Court may ask the appellant to supply additional copies of the appeal or other documents and such other information as it may deem necessary to bring it in conformity with the provisions of that rule.

            (3)        Nothing contained in the foregoing sub-rules shall apply to an appeal received from a convict who is in jail and is not represented by counsel.

            (4)        The Registrar or the officer authorised under sub-rule (1) shall, on being satisfied that the appeal fulfils the requirements o these rules, cause it to be registered under rule 8, and under the direction of the Chairman, inform the appellant and his counsel, of the date on which the appeal shall be taken up by the Court for hearing.

 

            7.         Appeal from jail. — (1) An appeal from jail shall be transmitted through the Superintendent of the jail where the convict is confined.

            (2)        A convict filing an appeal from jail shall expressly state whether he desires to be represented at State expense or desires to be heard in person.

 

            8.         Register of appeals. — All appeals instituted under rule 6 or filed by the convict from jail shall be registered in a register to be maintained in the form annexed to these rules.

           

            9.         Notice of regular hearing of appeals. — (1) The Registrar shall cause notice for the date of regular hearing of an appeal issued by registered post to the appellant or his counsel, if any, and the Provincial Government of the Province in which the offence is alleged to have been committed.

            (2)        A notice to the Provincial Government shall be issued through the Advocate-General for the Province.

 

            10.       Defence Counsel at State expense. — (1) Where in an appeal an accused is not represented by counsel, the Court may appoint counsel for his defence at State expense out of the panel of counsel maintained for the purpose.

            (2)        The Counsel engaged under sub-rule (1) shall be supplied a copy of the appeal and other relevant documents, free of cost, sufficiently in advance to enable him to prepare the case for hearing.

 

            11.       Appointment of advocates to represent State, etc. — (1) Where the Federal Government directs, the Attorney-General, a Deputy Attorney-General, an Advocate-General or an Additional Advocate-General or a Standing Counsel may represent the State before the Court.

            (2)        The Government may appoint an advocate qualified to appear before the Supreme Court to represent the State.

            (3)        Where an advocate is appointed to represent the State under sub-rule (2), he shall be entitled to the same retainership allowances and privileges as are admissible to a Standing Counsel.

`           (4)        The Government may engage counsel qualified to appear before the Supreme Court to represent the State before the Court in a particular case at such remuneration not exceeding five thousand and five hundred rupees as the Government may determine.

 

            12.       Application for bail. — (1) Every application for bail shall be supported by an affidavit.

            (2)        Before presenting an application for bail, the applicant or his counsel shall give notice of such application alongwith a copy thereof to the public prosecutor.

 

            13.       Manner of attestation of affidavit. — Affidavits intended to be presented before the Court in support of an application shall be drawn up and attested in the manner prescribed by the law for the time being in force, and be declared before the Court, Magistrate or other person appointed by a High Court under clause (b) of section 139 of the Code of Civil Procedure, 1908 (V of 1908), or section 539 of the Code of Criminal Procedure, 1898 (Act V of 1898), or the Registrar or any other officer of the Court appointed by it to administer oaths to the deponents.

 

            14.       Inspection of record. — (1) Save as otherwise provided in these rules, the record of appeals shall be open to inspection by the parties or their authorised agents or counsel.

            (2)        The record of the decided appeals may be inspected under the orders of the Registrar or any other officer authorised by the Court in this behalf.

            (3)        Inspection of the record shall not be permitted on the date of hearing without the order of the Chairman.

 

            15.       Charges of inspection of record. — An application for inspection of record of an appeal shall bear a court fee stamp of the following denomination as inspection charges, namely: —

                        (a)        two rupees, for inspection of a decided appeal; and

                        (b)        five rupees, where inspection of the record of a pending appeal is required on the date of hearing:

 

                                    Provided that no inspection charges shall be charged when the inspection of record is made by —

                        (i)         the Attorney-General or the Deputy Attorney General; 

                        (ii)        the Advocate-General for a Province;

(iii)       a Public Prosecutor; or an advocate representing the State or appearing at State expense on behalf of an accused.

 

            16.       Hours of presentation of application and inspection of record. — (1) Every application for inspection of record shall be made to the Registrar or an officer authorised by the Court in this behalf.

            (2)        Every application for inspection of record shall distinctly specify the record of which inspection is desired and be presented between —

                        (a)        8.30 a.m. and 9.00 a.m., where the inspection is desired on the date of hearing; or

                        (b)        8.30 a.m. to 12.00 noon, where inspection is desired on a day other than the date of hearing.

            (3)        On receipt of an application for inspection of record, the Registrar or the officer authorised under sub-rule (1) shall arrange for such inspection. —

                        (a)        during the time allowed by the Chairman, when inspection is desired on the date of hearing; and

(b)        between 8.30 a.m. to 1.30 p.m., when the inspection is desired at any day other than the day of hearing.

 

            17.       Manner of inspection of record. — (1) A person making inspection of the record may take notes of it in lead pencil and shall not make any mark on such record.

            (2)        The inspection of record shall be made in the presence of an official of the Court designated by the Registrar in this behalf.

 

            18.       Inspection of police record not allowed. — The police record and translation thereof received in the Court in connection with any pending appeal shall not be make available for inspection to the accused, his agent or counsel.

 

            19.       Registrar to be executive head. — (1) The Registrar shall be the executive head of the office of the Court and the custodian of the record of the Court and the record transmitted to the Court by a Special Court.

            (2)        The Registrar shall, subject to the directions of the Court, supervise and control the officers and employees of the Court.

            (3)        The Registrar may, with prior approval of the Court, allocate functions to the officers of the Court.

 

            20.       Steal of the Court. — (1) There shall be a seal of the Court which shall indicate the name of the Court and its insignia.

            (2)        The seal shall remain in the custody of the Registrar or such other officer as the Chairman may direct and shall be affixed on every order passed by the Court.

 

            21.       Notice to be signed by the Registrar. — Every notice shall be signed by the Registrar or any other officer of the Court authorised by it in this behalf, and shall be sealed with the seal of the Court.

 

            22.       Matters before the court to be heard day to day. — Unless the Chairman otherwise directs, all appeal shall be heard day to day.

 

            23.       Languages of the Court. — The languages of the Court shall be English and Urdu.

 

 

            24.       Court holidays, etc. — The Court shall observe the same holidays as are observed by the Supreme Court.

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