P L D 1989 Karachi 596 (PLP)

The applicant is one of the accused persons facing trial under sections 302, 307, 326, 324, 323, 147, 148 and 504 Pakistan Penal Code in the Court of Sessions Judge, Tharparkar at Mirpurkhas (Sessions Case No.lll/1988). On a date fixed for hearing Mr. Muhammad Ismail H . Memon, Advocate for the accused filed an application for adjournment without affixing any court‑fees thereon. According to him court‑fee in criminal cases was not required to be paid in view of the provision made in the Court Fees (Sindh Amendment) Ordinance, 1978. The Sessions Judge after hearing arguments came to the conclusion that because of Memorandum No.634/M.I.T./IV‑Z‑19 (Khairpur) 1987 addressed to all Sessions and District Judges by Member Inspection Team, High Court of Sindh court‑fees were payable on Vakalatnama and other applications in terms of Schedules I and II of the Court Fees Act, 1870. The Sessions Judge passed such an order on 22nd June 1989 repelling the contentions of Mr. Muhammad Ismail H. Memon, the Advocate appearing for the accused in that case. The order referred to hereinabove has been impugned by this Revision Application. Mr. Muhammad Ismail demon has referred to Section 2 of the Court Fees (Sindh Amendment) Ordinance, 1978 which reads as under:‑ "Abolition of court‑fees in certain cases.‑‑ Notwithstanding anything contained in the Court Fees Act, 1870 (Act VII of 1870), no court‑fees shall be payable in a criminal case and, a case of civil nature the value of which does not exceed twenty‑five thousand rupees." According to him exemption from the payment of court‑fees in a criminal case extends to all applications and Vakalatnamas filed in the case. He has relied on a case reported in 1989 Civil Law Cases 1083. The exemption from the payment of court‑fees in a criminal case and in a case of civil nature involving a value not exceeding twenty‑five thousand rupees in the Province of Sindh has been allowed by way of an amending Act. The exemption has been granted by way of an overriding provision notwithstanding what is contained in the Court Fees Act, 1870. Schedules I and II of the Court Fees Act, 1870 are part of the Act itself. It is clear from the language of the amending Act that its provisions shall prevail notwithstanding what is contained in the Court Fees Act itself including its two Schedules under reference: being part of the same Act. Exemption has been granted in a "criminal case" and not only to a complaint in a criminal case. Under these circumstances I hold that the exemption from the payment of court‑fees extends to Vakalatnama and all other applications that may be filed in Court in a criminal case. I, therefore, set aside the order impugned herein and accept the revision application. M . A . K . / B‑125/ K Application accepted