FEDERAL SHARIAT COURT
(PROCEDURE) RULES 1981
Short title and commencement
Constitution and Roster of Benches
Registries of the Court
Form and contents of Petition
Petition to be signed and certified
Mode of presentation of petitions
preliminary hearing of petitions
Admission or rejection of petition
Notice of regular hearing of petition
Opinions of aalim and experts in writing
Oath for jurisconsult, etc
Petitions not to be rejected for absence or death of the petitioner, etc
Other applications to be heard as petitions
When Court suo-moto takes up a matter
Form and contents of appeal
presentation of appeal
Appeal from jail
Register of Appeals
Notice of regular hearing of appeals
Place of hearing of appeals
Defence Counsel at State expense
Panel of counsel for unrepresented accused
Reference to be heard as an appeal
Submission of records in References
Supply of paper books
Application for bail
Notice of application for grant or cancellation of bail before presentation
Manner of attestation of affidavit
DECISION OF THE COURT
Pronouncement of decision
Orders, etc. to be sealed
Application for review, etc
Form and contents of application for review
Presentation of application for review
Limitation for application for review
Chief justice to nominate bench for review
Refection of application for review in limine
Second application for review barred
INSPECTION OF RECORD
Inspection of record
Charges for inspection of record
Hours of presentation of application and inspection of record
Manner of inspection of record
Penalty for violation of rule 35
Fresh court-fee for inspection of record
Inspection of police record not allowed
Inspection of registers
SUPPLY OF COPIES
Who may obtain copies
Form and presentation of application for copies
Where copies are supplied free of charge
Examination of application for supply of copies
Preparation of copies
Maintenance of work registers
Time-limit for supply of copies
Refund of fee and recovery of balance
Credit of copying fee
PRESERVATION AND DESTRUCTION OF RECORD
Arrangement of record
Preservation of record
Manner of destruction of record
When Part “B” of the record to be destroyed
Fact of destruction to be recorded
Classification, maintenance and preservation of registers
Preservation and destruction of returns and other papers
Registrar to be executive head
Seal of the Court.
Notices to be signed by the Registrar, etc
Matters before the court to be heard day to day
Allowance of witnesses, ulema, etc
Language of the Court
Court holidays, etc
Dress for counsel
FEDERAL SHARIAT COURT
(PROCEDURE) RULES 1981
In exercise of the Powers conferred by Article 203 J of the Constitution, the Federal Shariat Court is pleased to make the following rules:-
1. Short title and commencement.—(1) These rules may be Called the Federal Shariat Court (Procedure) Rules, 1981.
(2) They shall come into force at once.
2. Definitions.—In rules, unless there is anything repugnant in the subject or context.-
(a) “Appeal” means an appeal from the order of any court which the court has jurisdiction to hear and decide;
(b) “Appendix” means appendix to these rules;
(c) “Article” means Article of the constitution;
(d) “Bench” means a Bench of the Court;
(e) “Counsel” means a legal practitioner who is a Muslim and has been enrolled as an advocate of a High Court for a period of not less than five years or as an Advocate of the Supreme Court;
Provided that in cases other than Shariat Petitions under Article 203D, in which any of the parties is non-Muslim, an Advocate who is not a Muslim may appear as Counsel for the non-Muslim party.
(f) “Form” means a form annexed to these rules;
(g) “Petition” means a form annexed to these rules;
(h) “Petitioner” means a citizen of Pakistan, the Federal Government or a Provincial Government making a petition under Article 203D.
(i) “Reference” means a reference made by a Lower court for confirmation of punishment awarded to a person under the prohibition (enforcement of Hadd) Order, 1979 (P.O. No. 4 of 1979), the offence Against property (Enforcement of Hudood) Ordinance, 1979 (VI of 1979) Offence of Zina (Enforcement of Hadd) Ordinance, 1979 (VII of 1979), or the offence of Qazf (Enforcement of Hudood) Ordinance, 1979 (VIII of 1979):
(j) “Registrar” means Registrar of the Court or any other officer authorised by the Chief justice to perform all or some of the functions of the Registrar; and
(k) all other words and expression fused but not defined in these rules shall have the same meanings as are assigned to them in the Constitution.
3. Timings.- (1) Except during vacation or court holidays or during Holy moth or Ramazan hours of the court and its offices shall be as under:-
(a) Court hours
Monday 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
9.00 a.m. to 11.30 a.m. Court sittings.
(b) Office Hours
Monday to Thursday & Saturday.
8.00 a.m. to 3.00 p.m. with a break of ½ hour at 1.30 p.m. for Namaz.
8.00 a.m. to 12.00 noon
Note: During vacation, Court holidays or during the month of Ramazan the hours shall be as may be fixed by the Chief justice.
(2) Unless the Chief justice directs otherwise there shall be no court sitting on Saturday.
4. Constitution and Roster of Benches.—(1) The chief justice shall constitute Benches and Cause a roster of sittings of such Benches to be prepared by the Registrar.
(2) Unless otherwise directed by the Chief justice.
(a) A petition, reference, Appeal or Revision against a judgment imposing a sentence of hadd or death shall be heard by a Bench consisting of not less than three judges one of whom shall be an Alim judge;
(b) An appeal against acquittal or conviction which imposes a sentence exceeding ten years shall be heard by a Bench of not less than two judges;
(c) Any other reference than the one mentioned in rule (a) above shall be heard by a Bench consisting of not less than tow judges.
(d) Revisions and applications, including applications for bail not specified in clause (a), (b) and (c) shall be heard by a single Bench:
Provided that a revision for enhancement of the sentence, or against acquittal, as the case ma be shall be, heard by a Bench of not less than two judges.
(4) An application for stay of execution of sentence or for bail shall be laid before the Chief justice or, in his absence, the most-senior judge of the Court present at the principal seat of the Court or, as the case may be, at the place other than the principal seat.
(5) Where the judges of a Bench hearing the petition, appeal or reference are equally divided in opinion, such petition, appeal or reference, as the case may be, shall be laid for hearing and disposal before another member or a Bench to be nominated by the Chief justice.
(6) Where a Bench is of the opinion that a petition, appeal or reference should be heard by a larger Bench, it shall record its reasons and refer such petition, appeal or reference, as the case may be, to the Chief justice for nomination of such Bench.
5. Cause lists.—(1) The Registrar shall get prepared not less than three cause lists of the petitions, appeals or references to be heard by the court on a particular day.
(2) A copy each of such lists shall be hung outside the court room of the court, the office of the Registrar and the Bar room.
6. Registries of the Court.- In addition to the Registry of the Court at its principal seat at Islamabad there shall be Registries of the Court at each provincial Headquarter of the provincial Government i.e. at Karachi Lahore, Peshawar and Quetta to receive and register the petitions, appeals and references and the Benches sitting at these station shall be called as Karachi Bench, Lahore Bench, Peshawar Bench and Quetta Bench of the Federal Shariat Court.
7. Form and contents of Petition.- (1) Every Petition shall:–
(a) be legibly written or typed in the language of the court on one side of a thick foolscap whit paper;
(b) bear the name of the Court;
(c) state the name, description and address of the petitioner;
(d) describe the law which is considered to be requgnant to the Injunction of Islam.
(e) State the number of article, section, clause, paragraph, provision or provisions of a law which is or are considered to be repugnant to the Injunction of Islam.
(f) Set forth concisely, consecutively numbered and under distinct heads the grounds for such repugnancy;
(g) State, in support of such grounds, the relevant verse or verses of the Holy Quran, Sunnah of the Holy Prophet with reference to the relevant Ahmadis;
(h) Contain a list of the books specifying the pages to be cited; and
(i) Be placed in a folder/specified by an order made by the Chief justice in this behalf.
(2) Where a petitioner claims more than one law or provisions thereof to be repugnant to the Injunctions of Islam, a separate petition in respect of each law shall be made.
(3) Where a petitioner claim any law or provision of law in the Federal Legislative list or the Concurrent legislative list to be repugnant to the Injunctions of Islam, he shall impleads the Federal government and , in the case of a law with respect to a matter not enumerated in either of those lists, the provincial government concerned as a party to the Proceedings.
(4) Every petition referred to in sub-rule (1) shall be accompanied b four copies of the petition together with the documents on which reliance has been placed.
8. Petition to be signed and certified.- (1) The petition shall be signed by the petitioner himself, his counsel or a jurisconsult referred to in clause (4) of Article 203E.
(2) Every petition shall contain a certificate that a similar petition was not make by the petitioner before any Shariat Bench of a High Court or the Federal Shariat Court.
9. Mode of presentation of petitions.– (1) Every petition shall be presented personally by the petitioner himself, his counsel or a jurisconsult, if any, between 8.30 a.m. to 12 noon, on any working say to the Registrar or any other officer authorised by the Chief justice, at the principal seat of court or at the branch registry of the Province of which the petitioner is ordinarily resident.
(2) The Registrar or the officer authorised under sub-rule (1) shall, on being satisfied that the petition fulfils the requirements of these rules, cause the petition to be registered in a register to be maintained in Form I and, under directions of the Chief justice, inform the petitioner and his counsel or jurisconsult, if any, of the date on which the petition shall be taken up by a bench for preliminary hearing;
Provided that the Bench may, without fixing a petition for preliminary hearing, admit it for regular hearing.
(3) An incomplete petition shall be returned to the person presenting it.
10. preliminary hearing of petitions.- (1) The petitions requiring preliminary hearing shall be placed before the Bench on the date fixed for the purpose.
(2) On the day fixed for preliminary hearing, the Bench shall examine the petition and may hear the oral expositions of the petitioner or, where he is represented by a counsel or jurisconsult, or counsel of jurisconsult:
Provided that, unless otherwise permitted by the Bench, only one counsel or jurisconsult, shall address the Bench on behalf of the petitioner.
11. Admission or rejection of petition.—After examining the petition and the documents attached thereto and hearing the oral expositions of the petitioner, his counsel or jurisconsult, the Bench may admit the petition for regular hearing or, for reasons to be recorded, reject it.
12. Notice of regular hearing of petition.—(1) The Registrar shall cause notices for the date of regular hearing issued by registered post/or by such other convenient mode including the substituted service or as directed by the Court to the petitioner, his counsel or jurisconsult if any, the Federal government or the Provincial Government and to any other person or Aalim whose presence the Court considers necessary for assistance.
(2) A notice to the Federal Government shall be served through the Attorney-General for Pakistan and that to a Provincial Government through the Advocate General for the Province.
(3) The Federal Government or a Provincial Government which is a party to the proceedings may, not later than one week before the date of hearing, file a written statement accompanied by documents on which it places its reliance.
13. Opinions of aalim and experts in writing.- Where which is a party to opinion that for proper adjudication of a petition it is desirable to secure the opinion of an aalim, expert or witness who is either residing abroad or is unable to appear before the court of any reason, the Court may require such aalim, expert or witness to give his opinion in writing.
14. Oath for jurisconsult, etc.—(1) Before presenting his exposition in the Court, every jurisconsult, expert or witness shall make oath in Form 2 in English or Urdu.
(2) An aalim, expert or witness who is required to submit his opinion in writing shall, at the top of his opinion, record the oath referred to in sub-rule (1) and affix his signature to it.
15. Petitions not to be rejected for absence or death of the petitioner, etc.—(1) A petition fixed for hearing may not be rejected solely on the ground of the absence of the petitioner, his counsel or jurisconsult.
(2) No petition made under Article 203D shall abate by reason of the death of the Petitioner.
16. Other applications to be heard as petitions.—Any other application which ahs to be decided by the Court under any law for the time being in force shall be heard and disposed of as a petition and the provisions as contained in Chapter-II of these rules shall, mutatis mutandis, apply.
16-A When Court suo-moto takes up a matter.- (1) The Court shall prepare a list of the laws which it would like to examine on its own motion for determining whether they or any of their precisions are repugnant to the Injunctions of Islam as contained in the Holy Quran and Sunnah.
(2) Where the court decided to so examine any such law or precision as is mentioned in the list prepared under sub-rule (1) it shall cause a notice to be issued to the public in general and to such Bar Associations, religious organizations and institutions, jurisconsults and other persons as it may deem necessary inviting their views on the matter referred to in sub-rule (1), supported by the Holy Quran, the traditions of the Holy Prophet and the juristic opinions, if any.
(3) The notice referred to in sub-rule (2) shall specify the date by which the views should be sent to the court and the dates on which the court is likely to hear the matter.
(4) A notice of the date son which the court is likely to hear the matter shall also be served on the Attorney-General for Pakistan, Deputy Attorney General appointed by the Government for Shariat petitions, Standing Counsel and, if such law is a Provincial Subject, the Advocate-General of the Province concerned.
(5) In determination of a question taken up by the court under this rule, the provisions relating to disposal of a petition shall, mutatis mutandis, apply.”
17. Form and contents of appeal.—(1) An appeal shall be preferred in the form of a memorandum signed by the appellant himself, or by his counsel, if any, and shall be accompanied by four legible copies thereof with similar number of copies of the order containing the decision of lower court impugned therein alongwith copies of F.I.R., Challan, deposition of witnesses, exhibits, statements of accused/defence or any other document upon which the parties concerned intend to place reliance. If the requirement of sub-rule (1) is not fulfilled the office may return the appeal on the date next following the date of filing the appeal to the appellant/his counsel for compliance with the rule within a period of three days and the appeal shall be listed only after the removal of objections and compliance of the above rules.
18. presentation of appeal.—(1) Every appeal shall be presented personally by the appellant himself, or by his counsel, if any, to the Registrar or any other officer authorised by the Chief justice, at the principal seat of the Court or the registry-office of the province in which the offence is alleged to have been committed;
(a) An appeal shall be presented to the Court within sixty days from the date of the order or decision appealed from.”
(2) Every appeal shall be accompanied by a certificate that a similar appeal was not instituted at the principal seat of the court or at a branch registry hereinbefore prescribed, it may be returned to the appellant or the counsel, if any to bring it in conformity with the provisions of rule17:
Provided that an appeal received, by transfer from a High Court or lower court, or from an accused who is confined in jail and is not represented by a counsel, not being in conformity with rule 17 shall not be returned;
Provided further that the court may ask the appellant to supply additional copies of appeals, documents and such other information as it may deem necessary to bring it in conformity with the provisions of that rule.
(4) The Registrar or the officer authorised under sub-rule (1) shall, on being satisfied that the appeal fulfils the requirements of these rules, cause it to be registered and, inform the appellant and his counsel, if any, of the date on which the appeal shall be taken up by a Bench for preliminary hearing, subject to the Court determining that the appeal is competent before it.
Provided that the Bench may, without fixing an appeal for preliminary hearing admit it for regular hearing.
Only the State can file appeals against acquittal judgments in cases Challaned by police-However, in direct complaint cases complainant can file appeal with the permission of the Court- PSC (Crl.) 1994 FSC 130
19. Appeal from jail.—(1) Notwithstanding anything contained in rule 17 or rule 18, where an accused is confined in jail and is not represented by a counsel, he may file and appeal through the Superintendent of the jail where he is confined.
(2) The Superintendent jail while forwarding an appeal on instruction from convict shall expressly state whether the convict desires to be represented at State expense.
20. Register of Appeals.—All appeals instituted under rule 18 or filed by an accused from jail or received by transfer from a High Court or a lower court shall be registered in a register to be maintained in Form 3.
21. Notice of regular hearing of appeals.—(1) The Registrar shall cause notices for the date of regular hearing of an appeal to be issued by registered post and or by such other convenient mode including the substituted service or as directed by the Court to the appellant or his counsel if any, and the Provincial Government of the Province where the offence is alleged to have been committed.
(2) A notice to the Provincial Government shall be served through the Advocate General for that province.
22. Place of hearing of appeals.—Unless otherwise directed by the Chief justice, ordinarily and appeal shall be heard at the principal seat of the Court or at the principal seat of the Provincial Government of the Province in which the offence is alleged to have been committed.
22A. Rules which apply to appeals shall apply mutatis mutandis to revision and review petitions.
23. Defence Counsel at State expense.—(1) Where in an appeal, revision, review or reference, an accused is not represented by a counsel, the Court may appoint a 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 record, free of cost, sufficiently in advance to enable him to prepare the case for hearing.
24. Panel of counsel for unrepresented accused.—(1) The court shall maintain a panel of counsel to be selected by a committee of the judges and approved by the chief justice from time to time for the purpose of providing representation to unrepresented accused.
(2) A counsel engaged under sub-rule (1) shall be entitled to a fee of rupees three hundred and thirty per case for the first day on which the case proceeds, and rupees one hundred and twenty for each subsequent day on which the case proceeds, to be paid by the Registrar on production of a certificate of his appearance signed by the Senior Member of the Bench hearing the appeal. If a case does not proceed the counsel shall be paid rupees fifty only.
(3) The Court may direct payment of higher amount not exceeding Rs. 1, 000 to a counsel in a particular case where it deems fit.
25. Reference to be heard as an appeal.—(1) A reference submitted to the court by a lower court for confirmation on punishment awarded to an accused shall be heard as an appeal and the provisions contained in Chapter III of these Rules shall, mutatis mutandis, apply.
(2) All reference received from the lower court shall be entered in a register given in a Form 4.
26. Submission of records in References.—Where the lower court awards punishment under the provisions of the Prohibition (Enforcement of Hadd) order, Ordinance, 1979 (P.O. No 4 of 1979), the offence Against Property (Enforcement of Hudood) ordinance, 1979 (VI of 1979), the offence of Zina (Enforcement of Hadood) ordinance, 1979 (VII of 1979) or the offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (VIII of 1979), which requires confirmation of the Court, the record of the proceedings before the lower court alongwith its judgment shall be submitted to the court within seven days from the date of the pronouncement of judgment by the lower court.
26A. Supply of paper books.—A person who is a party to a petition, appeal or reference may on payment of fee prescribed from time to time by the Chief justice, to the Registrar or such other officer who may be authorised in this behalf, obtain a paper book of the case during office hours.
27. Application for bail.—(1) Every application for bail shall be supported by an affidavit.
(2) An application for bail shall be treated as urgent and shall ordinarily be placed before a Bench on the following day after its presentation.
28. Notice of application for grant or cancellation of bail before presentation.—Where an application for grant or cancellation of bail is made, the applicant shall, before presenting such application, give notice of the application alongwith a copy thereof to the Advocate-General of the province where the offence appealed against has been alleged to have been committed and obtain and acknowledgement of receipt of such notice and copy of the application for the information of the Court.
29. 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 and rules for the time being in force and be declared before a court, Magistrate or any other person appointed by a High Court under clause (b) of section 139 of the Code of Civil procedure, 1908 (V of 1908), and section 539 of the Code of Criminal procedure, 1898 (Act V of 1898), or Registrar or any other officer of the Court appointed by the Chief justice, to administer oaths to the deponents.
DECISION OF THE COURT
30. Pronouncement of decision.—(1) The decision of the court shall be announced in open court at the close of the case or at some future date after due notice is given to the parties and their counsel.
(2) The notice of the date of decision in petition shall also be given to law officers of the Federal Government and the Provincial Government concerned.
(3) The notice of the date of an appeal or reference shall also be given to the law officer of the Principal Government in which the offence is alleged to have been committed.
(4) The decision of the Court shall be expressed in terms of the opinion of the majority of its judges.
31. Orders, etc. to be sealed.— The seal of the court shall be affixed on every order and decision of the court.
31-A Application for review, etc.—(1) Subject to clause (9) of Article 203-E, the Court may, on its own motion or on an application made to it, review any decision given or order made by it:
Provided that no application for review shall lie to the Court where it has given decision or make an order in an appeal or reference, except to correct a clerical error.
(2) No decision given or order make by the court in a petition, appeal or reference shall be reviewed unless a notice is given to all the persons who were party in such petition, appeal or reference, as the case may be.
31-B. Form and contents of application for review.—(1) Every application for review shall be preferred in the form of reasoned opinion.
(2) Every application for review shall be accompanied by eight copies thereof with similar umber of copies of the decision or order against which review is sought.
(3) Where an application for review is make in respect of a decision given or order make in a petition, the applicant shall state the relevant verse or verses of the Holy Quran, Sunnah of the Holy Prophet with reference to the relevant Ahadis on the basis of which review of the decision or order of the Court is sought.
(4) Every application for review shall be placed in a folder specified by an order make by the Chief justice in this behalf.