FEDERAL SHARIAT COURT
(PROCEDURE) RULES 1981
| Rules | Contents | |
| CHAPTER I PRELIMINARY |
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| 1. | Short title and commencement | |
| 2. | Definitions | |
| 3. | Timings | |
| 4. | Constitution and Roster of Benches | |
| 5. | Cause lists | |
| 6. | Registries of the Court | |
| CHAPTER II OF PETITIONS |
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| 7. | Form and contents of Petition | |
| 8. | Petition to be signed and certified | |
| 9. | Mode of presentation of petitions | |
| 10. | preliminary hearing of petitions | |
| 11. | Admission or rejection of petition | |
| 12. | Notice of regular hearing of petition | |
| 13. | Opinions of aalim and experts in writing | |
| 14. | Oath for jurisconsult, etc | |
| 15. | Petitions not to be rejected for absence or death of the petitioner, etc | |
| 16. | Other applications to be heard as petitions | |
| 16-A | When Court suo-moto takes up a matter | |
| CHAPTER-III
OF APPEALS |
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| 17. | Form and contents of appeal | |
| 18. | presentation of appeal | |
| 19. | Appeal from jail | |
| 20. | Register of Appeals | |
| 21. | Notice of regular hearing of appeals | |
| 22. | Place of hearing of appeals | |
| 22 A. | ||
| 23. | Defence Counsel at State expense | |
| 24. | Panel of counsel for unrepresented accused | |
| 25. | Reference to be heard as an appeal | |
| 26. | Submission of records in References | |
| 26A. | Supply of paper books | |
| CHAPTER IV
OF BAIL |
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| 27. | Application for bail | |
| 28. | Notice of application for grant or cancellation of bail before presentation | |
| 29. | Manner of attestation of affidavit | |
| CHAPTER V
DECISION OF THE COURT |
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| 30. | Pronouncement of decision | |
| 31. | Orders, etc. to be sealed | |
| CHAPTER V-A
REVIEW |
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| 31-A | Application for review, etc | |
| 31-B. | Form and contents of application for review | |
| 31C. | Presentation of application for review | |
| 31-D. | Limitation for application for review | |
| 31E. | Chief justice to nominate bench for review | |
| 31-F . | Refection of application for review in limine | |
| 31-G. | Second application for review barred | |
| CHAPTER VI
INSPECTION OF RECORD |
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| 32. | Inspection of record | |
| 33. | Charges for inspection of record | |
| 34. | Hours of presentation of application and inspection of record | |
| 35. | Manner of inspection of record | |
| 36. | Penalty for violation of rule 35 | |
| 37. | Fresh court-fee for inspection of record | |
| 38. | Inspection of police record not allowed | |
| 39. | Inspection of registers | |
| CHAPTER VII
SUPPLY OF COPIES |
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| 40. | Who may obtain copies | |
| 41. | Form and presentation of application for copies | |
| 42. | Copy charges | |
| 43. | Where copies are supplied free of charge | |
| 44. | Examination of application for supply of copies | |
| 45. | Preparation of copies | |
| 46. | Maintenance of work registers | |
| 47. | Time-limit for supply of copies | |
| 48. | Refund of fee and recovery of balance | |
| 49. | Credit of copying fee | |
| CHAPTER VIII
PRESERVATION AND DESTRUCTION OF RECORD |
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| 50. | Arrangement of record | |
| 51. | Preservation of record | |
| 52. | Manner of destruction of record | |
| 53. | When Part “B” of the record to be destroyed | |
| 54. | Fact of destruction to be recorded | |
| 55. | Classification, maintenance and preservation of registers | |
| 56. | Preservation and destruction of returns and other papers | |
| CHAPTER IX
GENERAL |
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| 57. | Registrar to be executive head | |
| 58. | Seal of the Court. | |
| 59. | Notices to be signed by the Registrar, etc | |
| 60. | Matters before the court to be heard day to day | |
| 61. | Allowance of witnesses, ulema, etc | |
| 62. | Language of the Court | |
| 63. | Court holidays, etc | |
| 64. | Dress for counsel | |
| 65. | Orders | |
| 66. | Repeal | |
| CHAPTER X
INHERENT POWERS |
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| 67. | ||
| 68. | ||
| 69. | ||
| 70. | ||
| 71. | ||
| 72. |
THE
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:-
CHAPTER I
PRELIMINARY
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
Friday.
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.
Friday.
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.
(3) Omitted.
(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.
CHAPTER-II
OF PETITIONS
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.”
CHAPTER-III
OF APPEALS
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.
Court Decisions
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.
CHAPTER IV
OF BAIL
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.
CHAPTER V
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.
CHAPTER V-A
REVIEW
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.
31C. Presentation of application for review.—(1) Every application for review shall be presented personally by the applicant himself or by his counsel, if any, to the Registrar or any other officer authorised by the Chief justice.
(2) Before presenting an application for review, the applicant, or his counsel, if any, shall give notice of such application alongwith a copy thereof to the respondent or his counsel.
31-D. Limitation for application for review.—(1) Every application for review shall be filed with in ninety day fro the date of the decision given or order made by the court:
Provided that the court may, where the applicant satisfies the court that he had sufficient cause for not making the application within the period of ninety days, accept the application after the expiry of that period.
31E. Chief justice to nominate bench for review.—(1) the Registrar or the officer authorised under sub-rule (1) of rule 31-C shall, on being satisfied that the application for review fulfils the requirements of these Rules, Cause the application to be registered in a register to be maintained in Form 4-A and place such application before the Chief justice for nomination of the Bench for hearing.
(2) Where the court takes up a matter for review on its own accord, such matter shall be heard by the same Bench which gave the decision or make the order, or by a Bench to be nominated by the Chief justice.
31-F . Refection of application for review in limine.—If on perusal of an application for review make to it, the court is of opinion that the application is frivolous or vexatious or does not reveal a valid ground for review, it may reject such application without hearing the applicant or his counsel or jurisconsult.
31-G. Second application for review barred.—(1) After the final disposal of the first application for review no subsequent application for review shall lie to the Court.
(2) No application to review on order make on an application for a review of a decision given or order made on a review shall be admissible.
CHAPTER VI
INSPECTION OF RECORD
32. Inspection of record.—(1) Save as otherwise provided in these rules, the record of pending petitions, appeals or references shall be open to inspection by the parties or their authorised agents or counsel:
Provided that any other person may, with the permission of the Chief justice or the senior judge of the Bench hearing such petition, appeal or reference, inspect such record.
(2) The record of the decided petition, appeal or reference may be inspected under the orders of the Registrar or any other officer of the Court authorised by the chief justice in this behalf.
(3) Inspection of the record shall not be permitted on the date of hearing under the orders of the Chief justice or the senior judge of the Bench hearing the petition, appeal or reference.
33. Charges for inspection of record.—An application for inspection of record of a petition, appeal or reference shall bear a court-fee stamp of the following denomination as inspection charges, namely,-
(a) two rupees, for inspection of record of a decided petition, appeal or reference; and
(b) five rupees, where the inspection of the record of a pending petition, appeal or reference is required on the date of hearing:
Provided that no inspection charges shall be charged when the inspection of record is made by,-
(a) the attorney-General including the Deputy Attorney-General for Pakistan;
(b) the advocate-General for a Province;
(c) a Public Prosecutor;
(d) the counsel appearing on behalf of the Federal Government or a provincial Government; and
(e) the counsel appearing at the State expense on behalf of an accused.
34. 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 Chief justice in his 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 11.00 a.m. where the inspection is desired on the date of hearing; or
(b) 8.30 a.m. and 12.00 noon, where the 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 Bench hearing the petition appeal or reference, when the inspection is desired on the date of hearing; and
(b) between 8.30 a.m. and 1.30 P.M.., when the inspection is desired on a day other than the date of hearing.
35. Manner of inspection of record.—(1) A person making inspection of the record may take notes of it in lead pencil only 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.
36. Penalty for violation of rule 35.—Whoever, violates or attempts to violate the provisions of rule 35 shall, in addition to any other suitable action as may be directed by the Chief justice in the circumstances of each case, be liable to be deprived of the right to inspect the record for such period as the Chief justice ma think fit.
37. Fresh court-fee for inspection of record.—The inspection charges prescribed under rule 33 shall entitle, the applicant to inspect the record on one day only and where the inspection of the record is desired for another day, a fresh application shall be make with a fresh court-fee.
38. Inspection of police record not allowed.—The Police record and translation thereof received in the Court in connection with any pending appeal or reference shall not be make available for inspection to the accused, his agent or counsel.
39. Inspection of registers.—When a party or his counsel requests in writing for inspection of a register for tracing the particulars of a petition, appeal, reference or a document, the Registrar may, in presence of an official of the Court, allow such inspection free of any charge.
CHAPTER VII
SUPPLY OF COPIES
40. Who may obtain copies.—(1) A petitioner or an appellant may, at any stage of the proceedings, obtain copies of the record of a petition, appeal or reference.
(2) A person who is not a party to a petition, appeal or reference may, after the disposal of such petition appeal or reference, obtain copies of the petition, memorandum of appeal, written statement, affidavits or applications filed therein;
Provided that such person may, for sufficient cause shown to the Court, obtain copies of any other document during the pendency of a petition, appeal or reference.
Provided further that such person shall not be issued copies of the exhibits produced in evidence without the consent of the party producing such exhibits.
41. Form and presentation of application for copies.—(1) Every application for supply of copies shall be make in Form 5 and shall bear a court-fee stamp of one rupee, as provided in clause (c) of Article I of Schedule II of the Court-fees Act, 1870 (VII of 1870).
(2) The application for supply of copies shall be presented to the Registrar or an other officer authorised by the Chief justice in this behalf between 8.30 a.m. and 1.30 P.m. on any working day.
(3) Every application for supply of copies shall accompany the receipt of payment of advance copying charges paid under rule 42.
42. Copy charges.—(1) For every copy supplied by the Court, two rupees per page shall be paid by the person obtaining the copy as copying charges.
(2) A person applying for copy shall deposit an approximate amount of copying charges, in advance, with the official authorised by the Chief justice in this behalf and obtain a receipt thereof.
(3) In case of any doubt in respect of rate of copying charges and the mode of preparation of a copy, the decision of the Registrar shall be final.
43. Where copies are supplied free of charge.—Copies of record required for public purpose by a public officer as defined in clause (17) of section 2 of the Code of Civil procedure, 1908 (Act v of 1908) shall be supplied free of charge, provided the application for copy is endorsed by the Head of the Department concerned.
44. Examination of application for supply of copies.- (1) On receipt of application for supply of copies, the officer authorised to supply copies shall-
(a) examine the contents of the application and the particulars of the petition, appeal, reference or the documents for which such application is made;
(b) examine if the applicant is entitled to obtain the requisite copy;
(c) cancel the court-fee affixed on the application;
(d) put his signatures thereon with date;
(e) cause the application registered in a register given in Form 6; and
(f) direct the official concerned for preparation of the requisite copy.
(2) Where an application for supply of copies is either incomplete or the applicant is not entitle to obtain a copy under any law or these rules, the officer authorised to supply copies shall record his reasons thereon and direct the applicant to comply with the requirements of the law or the rules or refuse to grant the copy applied for.
(3) a statement in Form 7 showing the incomplete or improper applications for supply of copies shall be affixed daily on the notice board of the court.
45. Preparation of copies.—(1) The officer authorised to supply copies shall cause the preparation of requisite copies by typing, duplicating, scanning or cyclostyling or by means of a Photostat machine or any other mechanical or manual process which may be readily available.
(2) After the preparation of a copy it shall be examined and compared with the original record.
(3) At the foot of each copy, the following entries shall be made and authenticated by the Registrar or officer authorised to supply copies, namely:-
(a) application number;
(b) date of presentation of the application;
(c) date of return of the application with objections, if any;
(d) date of re-filing of the application;
(e) date of receipt of copying charges;
(f) number of pages copied;
(g) copying charges;
(h) court-fee affixed on the application;
(i) name of the copyist;
(j) date of completion of the copy; and
(k) date of delivery of the copy.
46. Maintenance of work registers.—Every typist, operator of a copying machine or copyist shall maintain work register in Form No. 8.
47. Time-limit for supply of copies.—(1) The copies shall ordinarily be supplied within three days from the date of presentation of the application for supply of copy;
Provided that where for any reason a copy could not be supplied within such period the applicant shall be given in writing the next or the extended date on which he should call upon to receive the requisite copy;
Provided further that where a copy becomes ready for delivery before the given or extended date, the date of completion of such copy shall be deemed to be the date which is given to the applicant for delivery of copy.
(2) The officer authorised to supply copies shall ensure that the copies are supplied without any delay.
48. Refund of fee and recovery of balance.—Where the copying charges in respect of copy–
(a) fall short of the amount deposited, the deficient amount shall be recovered from the applicant before the copy is delivered to him; or
(b) exceeds the amount deposited, the surplus amount shall be returned to the applicant at the time of delivery of the copy.
49. Credit of copying fee.—The copying charges collected by supply of copies shall be deposited in the, Government Treasury under the relevant head of account by the end of each month and the officer incharge of the account shall, by the fifth day of each month, obtain the progressive total of receipts of deposit from the Treasury.
CHAPTER VIII
PRESERVATION AND DESTRUCTION OF RECORD
50. Arrangement of record.—(1) The record of the petitions, appeals and references shall consist of two parts, namely, “Part A” and “Part B”.
(2) The documents specified in Appendix I shall form “Part A” of the record and unless otherwise directed by the Court, all other documents shall form “Part B” of the record.
(3) Before consigning the record of a petition, appeal or reference to the record room,.
(a) the record shall be arranged into “Part A” and “Part B”;
(b) every document shall be marked according to arrangement referred to in clause (a) with letter “A” or, as the case may be, with letter “B” and
(c) an index shall be prefixed on the record with relevant entries make thereon.
51. Preservation of record.—The documents forming part of petitions, appeals and references specified in Appendix II shall be preserved for such period as specified therein which shall be reckoned from the date fo final order of the court:
Provided that the Court may, for the reasons to be recorded in writing, order for preservation of any document beyond such period.
52. Manner of destruction of record.—(1) After the expiry of the period of preservation specified in Appendix II, the record of the petitions, appeals prescribed under the directions and supervision of the Registrar or any other officer authorised by the Chief justice in this behalf.
(2) All court-fee stamps affixed to documents which are to be destroyed shall be removed therefrom and burnt.
(3) The record shall be destroyed by tearing so that no document may be used again.
(4) After the destruction of the record, the officer under whose supervision the record was destroyed shall certify that the destruction has rendered such record of no use.
(5) All papers which are rendered of no use after the destruction shall be sold as waste under the orders of the Registrar and the proceeds of the sale shall be credited to the Government Treasury.
53. When Part “B” of the record to be destroyed.—Unless otherwise directed by the court, “Part B” of petitions, appeals or references and miscellaneous applications filed wherewith shall be destroyed before the record is consigned to the record room:
Provided that where an appeal lies to the Supreme court, “Part B” of such appeal shall be preserved until the period of its limitation has expired or where an appeal has been preferred, till the judgment of the Supreme Court is communicated to the Court:
Provided further that when an appeal is dismissed for default or is heard exparte “Part B” of such appeal shall not be destroyed until the order of the court.
54. Fact of destruction to be recorded.—The fact of destruction of petitions, appeals or references shall be recorded, immediately after their destruction, in the register in which such petitions, appeals or references are entered and also in the index prefixed to the record, under the signatures of the officer supervising the destruction of the record.
55. Classification, maintenance and preservation of registers.—(1) The registers of the Court shall be maintained in the language of the court and divided into the following classes, namely:–
(a) primary registers maintained for showing institution and disposal of the petitions, appeals and references;
(b) subsidiary registers maintained for the administrative purposes; and
(c) statistical registers maintained for preparing monthly and annual returns of the court.
(2) The registers of the court specified in column (2) of Appendix III shall be preserved for such period as specified in column (3) thereof.
56. Preservation and destruction of returns and other papers.—(1) The periodical returns, correspondence, personal files of the officers and employed of the court and other papers not specified in appendix II and Appendix III shall be preserved for such period as specified in Appendix IV and destroyed thereafter.
(2) The period for which the return or other papers are to be preserved shall be reckoned from the Ist January following the date which it bears.
Illustration
Papers of 1980 which under this rule have to be retained for one year, shall become liable to destruction after the 31st December, 1981.
(3) When any paper is destroyed, the letter “D” shall be marked in red ink against the entry in the register in which such paper is entered.
CHAPTER IX
GENERAL
57. Registrar to be executive head.—(1) The Registrar shall be the executive head of the office of the court:
Provided that the Chief justice may, by an order in writing, authorise a Deputy Registrar or any other officer of the Court to perform all or some of the functions of the Registrar.
(2) The Registrar shall, subject to the directions of the Chief justice, supervise and control the officers and employees of the court.
(3) In the absence of the Registrar, due to illness or any other cause, the Deputy Registrar authorised by the Chief justice shall exercise the powers and functions of the Registrar.
(4) The Registrar may, with prior approval of the Chief justice, allocate functions to the officers of the court.
58. Seal of the Court.—(1) There shall be a Seal of the Court which shall indicate the name of court and its insignia.
(2) The Seal shall remain in the custody of the Registrar or such other officer as the Chief justice may direct and shall be affixed on every order passed by the Court.
59. Notices to be signed by the Registrar, etc.—Every notice shall be signed by the Registrar or an other officer of the Court authorised by the Chief justice in this behalf, and shall be sealed with the Seal of the court.
60. Matters before the court to be heard day to day.—Unless the Chief justice or a Bench directs for hearing to out of turn, all petitions, appeals and references shall be heard day to day.
61. Allowance of witnesses, ulema, etc.—(1) Every aalim, jurisconsult, expert and witness invited by the Court under clause (7) of Article 20 may be paid one hundred rupees per diem.
(2) Every aalim, jurisconcult, expert and witness, invited by the Court as aforesaid, who is a resident of a place outside the place of sitting of the court shall be entitled,–
(a) if he travels by air, to economy class air fare;
(b) if he travels by rail, to fare of the highest class of accommodation
by whatever name called; and
(c) if he travels by road in his own car, to one rupee and twenty paisa per kilometer, from the place of his residence to the place of sitting of the court and back.
(3) an aalim, jurisconsult, expert and witness referred to in sub-rule (2) shall be entitled to receive the actual hotel charges, subject to the maximum of two hundred rupees per diem on production of hotel receipt.
(4) The Court may direct payment of higher daily allowance and hotel charges to an aalim, jurisconsult, expert or witness, wherever it deems fit, for reasons to be recorded in writing.
62. Language of the Court.—the languages of the Court shall be English and Urdu.
63. Court holidays, etc.—The Chief justice may, by an order, before the commencement of each calendar year or at any other time, declare court holidays and the period of recess when the court shall remain closed for vacation.
64. Dress for counsel.—Counsel appearing in the court shall war black sherwani, whit shalwar or a pajama, with black socks an shoes or such court dress as prescribed for the members of the Bar by the Supreme Court.
65. Orders.—(1) The Chief justice may make such orders, not inconsistent with the provisions of chapter 3A Part VII of the Constitution and these Rules, as may be necessary for carrying out the day business of the court.
66. Repeal.— The Federal Shariat Court Rules, 1980, are hereby repealed.
CHAPTER X
INHERENT POWERS
67. The court or any judge or judges thereof may, for sufficient cause shown, excuse the parties from compliance with any of the requirements of these rules, and may give such direction in matter of practice and procedure as it shall consider just and expedient.
68. An application to be excused from compliance with the requirements of any of the rules shall be addressed to the Registrar, who shall take the direction of the court and communicate the same to the party or parties as the case may be.
69. The court may enlarge or abridge any time appointed by these Rules, or fixed by any order enlarging time, for doing any act or taking any proceeding upon such terms (if any) as the justice of the case may require, and any enlargement may be ordered, although the application, therefore, is not make until after the expiration of the time appointed or allowed.
70. The Court may at any time, either of its own motion or on the application of any party, make such order as may be necessary or reasonable in respect or any of the matters mentioned in these Rules, may issue summons to person whose attendance is required either to give evidence or to produce documents, or order any fact to be proved by affidavit.
71. Nothing in these rules shall be deemed to limit or otherwise effect the inherent powers of the court to make such orders as may be necessary for the end of justice or to prevent abuse of the process of the court.
72. Where at any stage of the proceedings in the court, there has been a failure to comply with these Rules, the failure shall be treated as an irregularity and shall not nullify the proceedings or the judgment.
