RULE

THE AZAD JAMMU AND KASHMIR SHARIAT COURT (PROCEDURE) RULES, 1982 THE AZAD JAMMU AND KASHMIR SHARIAT COURT (PROCEDURE) RULES, 1982. [DATED 11‑7‑1982] In the exercise of the powers conferred by Section 13 (1) of the Azad Jammu and Kashmir Shariat Court Ordinance, 1982 (Ordinance CXXI of 1982), the Azad Jammu and Kashmir Shariat Court is pleased to make the following Rules, namely :‑ CHAPTER‑I PRELIMINARY 1 Short title and commencement. (1) These rules may be called the Azad Jammu and Kashmir Shariat Court (Procedure) Rules, 1982. (2) They shall come into force at once 2. Definitions. In these rules, unless there is anything repugnant in tile 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) "Bench" means a Bench of tile Court; (d) "Constitution" means the Azad Jammu and Kashmir Interim Constitution Act, 1974; (e) "Counsel" means a legal practitioner who is a Muslim and has been enrolled as all Advocate of a High Court for a period of not less than five years or as all Advocate of the Supreme Court ; (f) "Form" means a form annexed to these rules; (g) "Government" means the Azad Government of the State of Jammu and Kashmir; 1(h) "Ordinance" means the Azad Jammu and Kashmir Shariat Court Ordinance, 1982 (Ordinance CXXI of 1982); (i) "Petition" means a petition under Section 6 of the Ordinance ; (j) "Petitioner" means a citizen of Azad Jammu and Kashmir or the Azad Jammu and Kashmir Government making a petition under Section 6 of the Ordinance ; (k) "Reference" means a reference made by the District Criminal Court under tile Azad Jammu and Kashmir Enforcement of Islamic Penal Laws Act, 1974 (Azad Jammu and Kashmir Islami (Tazeerati) Qawaneen Naffaz Act, 1974); (I) "Registrar" means Registrar of the Court or any other officer authorized by the Chief justice to perform all or some of the functions of the Registrar ; (m) all other words and expressions used but not defined in these rules shall have the same meanings as are assigned to them in tile Constitution and Ordinance ; and (n) The General Clauses Act of 1897 (X of 1897) shall apply to these rules as it applies for tile interpretation of all Act of tile Legislature. 3. Timings. (1) Except during vacation or Court holidays, the working hours of the Court and its offices shall be as under :‑ (a) Court Hours. Saturday to Wednesday (I) SUMMER (II) WINTER 8.30 a.m. to 11.00 a.m. Court sitting,. 9.00 a.m. to 11.00 a.m. Court sittings 11.00 a.m. to 11.30 a.m. Interval. 11.00 a.m. to 11.30 a.m. Interval. 11.30 a.m. to 1.30 p.m. Court sitting 11.30 a.m. to 1.30 p.m. Court sittings (b) Office Hours Saturday to Wednesday, (I) SUMMER (II) WINTER 8.00 a.m. to 2.00.p.m. 8.30 a.m. to 2.30 p.m. (2) Unless the Chief justice directs otherwise, there shall be no Court sitting on Thursday. 4. Constitution of Benches. (1) The Chief justice shall constitute Benches: (2) 2[(a) A petition fixed for regular hearing shall be heard by a Bench consisting of not less than two members but it single judge if so directed by the Chief Justice;] (b) an appeal fixed for regular hearing shall ordinarily be heard by a Bench consisting of not less than two members but it shall be heard by a Single judge if so directed by the Chief Justice; (c) A reference shall be heard by a Bench consisting of not less than two members but it shall be heard by a Single Bench if so directed by the Chief Justice; and (d) an application for bail and revision petition or any other miscellaneous application shall ordinarily be heard by a Single Bench but it shall be heard by a Division Bench if so directed by the Chief Justice. (3) An application for stay of execution of sentence or for bail shall be laid before the Chief justice or, in his absence, the Judge of the Court present at the principal seat of the Court. (4) 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 of each of such lists shall be hung outside the Court room of the Court, the office of the Registrar and the Bar Room. 6 Omitted by the rules‑making authority for its being in applicable to the AJK territories. CHAPTER‑II 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 white 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 repugnant to the Injunctions 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 Injunctions 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 Qur'an, Sunnah of the Holy Prophet with reference to the relevant Ahadis; (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 he repugnant to the Injunctions of Islam, a separate petition in respect of each law shall be made. (3) Where the petitioner claims any law or provision of law to be repugnant to the Injunctions of Islam, he shall implied the Azad Jammu and Kashmir Government as a party to the proceedings. (4) Every petition, referred to in sub‑rule (1) shall be accompanied by two copies of the petition together with the documents on which reliance has been placed. 8. Petition to be singed and certified.‑--- The petition shall be signed by the petitioner himself, his counsel or a jurisconsult referred to in Section 7 (5) of the Ordinance. 9. Mode of presentation of petitions.‑---- (1) Every petition shall be presented personally by the petitioner, his counsel or a jurisconsult, if any, on any working day to the Registrar or any other officer authorized by the Chief Justice, at the principal seat of the Court. (2) The Registrar or the officer authorized 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 1 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 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 petitioner and may hear the oral expositions of the petitioner or, where he is represented by a counsel or jurisconsult, of counsel or 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 tile petition for regular hearing or for reasons to be recorded reject. 12. Notice of regular hearing of petition.‑----(1) The Registrar shall cause notices for the date of regular hearing issued by registered post to the petitioner, his counsel or jurisconsult, if any, the Government and to any other person or aalim whose presence the Bench considers necessary for its assistance. (2) A notice to the Government shall be served through the Advocate General. (3) The 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 the Court is of the opinion that for proper adjudication of a petition it is desirable to secure the opinion of an aallim, expert or witness who is either residing abroad or is unable to appear before the Court for any reason, the Court may require such aallim, 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 section 6 of the Ordinance shall abate by reason of the death of the petitioner. 16. Other applications to be heard as petitions,‑-- Any other application which has 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. CHAPTER‑III OF APPEALS 17. Form and contents of appeal.‑ (1) An appeal shall be preferred in triplicate in the form of a memorandum signed by the appellant himself or by his counsel, if any, and shall be accompanied by similar number of copies of the order containing the decision of District Criminal Court appealed from. (2) The Memorandum shall set forth concisely and under Distinct numbered heads, the grounds of objection to the order of District Criminal Court appealed from without any argument or narrative. (3) Every appeal shall be placed in a folder specified by an order made by tile Chief justice in this behalf. 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 authority by the Chief justice, at the principal seat of the Court. (2) Where an appeal is not drawn up in the manner hereinbefore prescribed it may be returned to the appellant or the counsel, if any, to bring it in conformity with the provisions of rule 17 Provided that an appeal received, by transfer from High Court or District Criminal 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 documents and such other informations as it may deem necessary to bring it in conformity with the provisions of that rule. (3) The Registrar or the officer authorized under sub‑rule (1) shall, on being satisfied that the appeal fulfils the requirements of these‑ rules, cause it to be registered and under the directions of the Chief Justice, inform the appellants and his counsel, if any, of the date on which the appeal shall be taken up by a Bench for preliminary hearing Provided that the Bench may, without fixing an appeal for preliminary hearing, admit it for regular hearing. 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 an appeal through Superintendent of the jail where he is confined. (2) An accused filing an appeal from a jail shall expressly state whether he desires to be represented at State expense or desires to be heard in person. 20. Register of Appeals.‑---All appeals instituted under rule 18 or filed by an accused from jail or received by transfer from the High Court or District Criminal Court shall be registered in 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 issued by the registered post to the appellant or his counsel, if any, and the Government. (2) A notice to the Government shall be served through the Advocate General. 22. Place of hearing of appeals.‑--Unless otherwise directed by the Chief Justice ordinarily an appeal shall be heard at the principal seat of the Court. 23. Defence Counsel at State expense.‑-- (1) Where, in an appeal 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 appeal for hearing. 24. Penal of counsel for unrepresented accused.‑---------(1) The Court shall maintain a penal of counsel to be nominated 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 to be determined by the Court, 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. 25. Reference to be heard as an appeal.‑-- (1) A reference submitted to the Court by a District Criminal Court for confirmation of 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. 26. Submission of record in reference.‑--- Where the District Criminal Court awards punishment under the provisions of Enforcement of Islamic Penal Laws Act, 1974 which requires confirmation of the Court, the record of the proceedings before the District Criminal Court alongwith its judgment shall be submitted to the Court within seven days from the date of the pronouncement of judgment by ,the District Criminal Court. CHAPTER‑IV OF BAI L 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. 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, a Magistrate or any other person appointed by the 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 29. 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 Officer of the Government. (3) The decision of the Court shall be expressed in term of the opinion of the majority of its members, but where the Members of the Bench hearing the petition, appeal or reference, revision petition or bail application or any other miscellaneous application, are equally divided in opinion, such petition, appeal or reference revision petition or bail application or any other miscellaneous application, as the case may be, shall be laid for hearing and disposal before another Judge to be nominated by the Chief Justice. 30. Orders etc, to be sealed.‑ The seal of the Court shall be affixed on every order and decision of the Court. CHAPTER‑VI INSPECTION OF RECORD 31 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 authorized agents or counsel Provided that any other person may, with the permission of the Chief Justice or the Member 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 order of the Registrar or any other officer of the Court authorized by the Chief Justice in this behalf. (3) Inspection of the record shall not be permitted on the date of hearing without the order of the Chief justice 'or the Member of the Bench hearing the petition, appeal or reference. 32. Charges for inspection of record.‑--An application for inspection of record of a petition, appeal 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) Advocate General including the additional Advocate General of Azad Kashmir; (b) a Public Prosecutor; (c) the counsel appearing on behalf of the Government; and (d) the counsel appearing at the State expense on behalf of an accused. 33. 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 authorized by the Chief justice 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 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 authorized 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 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. 34. 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. 35. Penalty for violation of rule 34.‑ Whoever, violates or attempts to violate the provisions of rule 34 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 may think fit. 36. 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 made with a fresh court‑fee. 37. Inspection of record not allowed.‑-The police record and translation thereof received in the Court in connection with any pending appeal or reference shall not be made available for inspection to the accused, his agent or counsel. 38. Inspection registers.‑--- When a party or his counsel requests in writing for inspection of a register for tracing the particulars of a petition, 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 39. 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, affidavit 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 is, issued copies of the exhibits produced in evidence without the consent of the party producing such exhibits. 40 Form and presentation of application for copies.‑--- (1) Every application for supply of copies shall be made in Form 5 and shall bear a court‑fee stamp of one rupees, 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 any other officer authorized by the Chief justice in this behalf between 8.30 a.m. and 1.30 p.m. on any working day. (3) Deleted vide Gazette No. 140 Dated 3‑5‑1983. 41 3[Copy charges.‑ (1) For every copy supplied by the Court, two rupees per page shall be charged, in the shape of judicial stamps, from the person obtaining the copy, as copying fee. (2) 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.] 42. 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. 43. Examination of application for supply of copies.‑--On receipt of application for supply of copies officer authorized 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 either incomplete or the applicant is not entitled to obtain a copy under any law or these rules, the officer authorized 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 application for supply of copies shall be affixed daily on the notice board of the Court. 44. Preparation of copies.‑ (1) The officer authorized to supply copies shall cause the preparation of requisite copies by typing, duplication, scanning or cyclostyling or by means of a photostat machine or any other mechanical or manuals 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 authorized to supply copies namely :‑ (a) application number; (b) date of presentation of the application; (c) date of return of the application with objection, 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.. 45. Maintenance of work registers.‑ Every typist, operator of a copying machine or copyist shall maintain work register in From No. 8. 46. 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 tile requisite copy. Provided further that where a copy becomes ready for delivery before tile 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 authorized. to supply copies shall ensure that the copies are supplied without any delay. 47 and 48. Deleted vide Gazette No. 140 dated 3‑5‑1983. CHAPTER‑VIII PRESERVATION AND DESTRUCTION OF RECORD 49. 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 documents 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 made thereon. 50. 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 of 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. 51. Manager of destruction of record.‑-- (1) After the expiry of the period of preservation specified in Appendix II, the record of the petitions, appeals and references shall be destroyed herein‑after prescribed under the directions and supervision of the Registrar or any other officer authorized by the Chief justice in this behalf. (2) All Court‑fee stamps affixed to documents which are to be destroyed shall be removed there from 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 order of the Registrar and the proceeds of the sale shall be credited to the Government Treasury. 52. When Part "B" of the record to be destroyed.‑-- Unless otherwise directed by the Court, "Part B" of petitions, appeals or reference, and miscellaneous application, filed therewith 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 appeals shall not be destroyed until the expiry of six months from the date of the final order of the Court.. 53. 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. 54. 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. 55. Preservation and destruction of returns and other papers.‑ (1) The periodical returns, correspondence, personal files of the officers and employees 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 1st. 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 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 56. 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, authorize 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, any officer of the Court authorized 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. 57. 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. 58. Notice to be signed by the Registrar, etc.‑-- Every notice shall be signed by the Registrar or any other officers of the Court authorized by the Chief Justice in this behalf, and shall be sealed with the Seal of the Court. 59. Matter before the Court to be heard day to day.‑-- Unless the Chief Justice or a Judge directs for hearing of out of turn, all petitions, appeals and references shall be heard day to day. 60. Allowance of witnesses, Ulema, etc.‑--- (1) Every aalim, jurisconsult and witness invited by the Court under Section 7 (8) of the Ordinance, shall be entitled to allowance as may be determined by the Court or a Bench. (2) Every aalim, jurisconsult, expert and witness, invited by the Court as aforesaid, who is resident of a place outside the place of sitting of the Court, shall be entitled to T.A. /D.A. as may be determined by the Court or a Bench. (3) An aalim, jurisconsult, expert and witness referred to in sub‑rule (2) shall be entitled to receive the actual hotel charges on production of hotel receipt. (4) The Court may direct payment of higher daily allowance or hotel charges to an aalim, jurisconsult, expert or witness, wherever it deems fit, for reasons to be recorded in writing. 61. Language of the Court.‑-- The language of the Court shall be English and Urdu. 62. 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: 63. Dress of Counsel.‑--- Counsel appearing in the Court shall wear black sherwani white shallower or pajama, with black socks and shoes. 64. Order.‑--- (1) The Chief Justice may make such orders, not inconsistent with the provisions of the Ordinance and these rules, as may be necessary for carrying out the day to day business of the Court. (2) Every order made under sub‑rule (1) shall be authenticated by the Registrar. 1. The Ordinance has been passed by the AJK Legislative Assembly in 1993 see Act No. IX of 1993 therefore occurring wherever in these rules shall mean to refer to the corresponding Act. 2. Substituted vide Gazette No. 140, dated 3‑5‑1983. 3. Substituted Ibid. FORM 1 (See Rule 9(2)). Azad Jammu and Kashmir Shariat Court Register of petitions Serial No Date of institution of the petition, Name of the petitioner. Name of Counsel or jurisconsult, if any. Date of admission of the petition Title of law claimed to be repugnant to the Injunctions of Islam. Whether Federal or Provincial law Date of the decision of the Court, Extract of the decision Result of the appeal with date of the order of the Supreme Court. Remarks. FORM 2. (see rule 14) Oath of jurisconsult, expert and witness (English) I._____________________, do solemnly swear that I am a Muslim and believe in the Unity and Oneness of Almighty Allah, the Books of Allah, the Holy Qur'an being last of them, the Prophethood of Muhammad (peace be upon him) as the last of the Prophets and that there can be no Prophet after him, the Day of judgement, and all the requirements and teachings of the Holy Qur'an and Sunnah: That I shall faithfully and to the best of my ability state, expound and interpret the Injunctions of Islam relevant to the proceedings and render all assistance to the Court without pleading for any party And that I shall not allow my personal interest or the interest of any other person to influence my opinion. FORM‑3 (See Rule 20) Azad Jammu and Kashmir Shariat Court Register of appeals 1. Serial No. 2. Date of institution of appeal, receipt from jail or by transfer from a High Court. 3. Name of the appellant. 4. Name of the Tehsil/District where the offence alleged to have been committed. 5. Provisions of law under which the punishment has been awarded. 6. Name of the District Criminal Court awarding punishment. 7. Date of admission of appeal. 8. Date of decision of the Court. 9. Extract of the decision. 10. Remarks. FORM 4 (See Rule 25(2)) Azad Jammu and Kashmir Shariat Court Register references 1. Serial No. 2. Date of receipt of reference. 3. Name of the accused. 4. Name of the Tehsil/ District where the offence alleged to have been committed. 5. Provisions of law under which the punishment has been awarded. 6. Name of the District Criminal Court awarding punishment. 7. Date of decision of the Court. 8. Extract of the decision. 9. Remarks. FORM 5 (see rule 40) AZAD JAMMU AND KASHMIR SHARIAT COURT Application for supply of copy. Application No.__________________________________________________ Date: __________________________________________________________ Deposited Rs. ___________________________________________________ Petition/Appeal/Reference No _______________________________________ Signature of Registrar etc. --------------------------------------------------------‑‑‑‑‑‑‑‑‑‑‑‑Applicant/Appellant. Versus .‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Respondent, Date of admission or dismissal‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Copying charges.‑‑‑ ------------ Date of final decision‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Decided by: Mr. Justice ‑‑‑‑‑‑‑‑‑‑‑ Deposit‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Mr. Justice ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Mr. Justice‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Refund/Recovery‑‑‑‑‑‑‑‑ District‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ FOR SUPREME COURT USE Court fee stamp FOR PRIVATE USE. Rs1/ Sir, Kindly supply me with a certified copy/copies of the following in the above mentioned petition/ appall reference and oblige. 1‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ 2‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ 3 ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ 4‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ APPLICANT‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ ADDRESS‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑. Date‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Signature‑‑‑‑‑‑‑‑‑ FORM 6 (See Rule 43(e)) Azad Jammu and Kashmir Shariat Court Copy supply Register 1. Serial No. 2. Date of presentation of application for copy. 3. Date of deposit of advance. 4. Name of applicant and his full address 5. Case number of the petition, appeal or reference. 6. Applicant/appellant/petitioner. 7. Respondent. 8. Amount Deposited. 9. Amount of copying fee to be recovered from the applicant. 10. Excess amount of deposit to be refunded. 11. Number of copies' prepared in vernacular. 12. Date of return of application, if incomplete or not in proper form. 13. Date when copy was ready for delivery. 14. Date when copy is delivered. 15. Remarks. FORM 7 (See rule 43(3)) Azad Jammu and Kashmir Shariat Court Statement of incomplete and improper applications for supply of copies. S.No. Application No. Name of the applicant Objection Remarks 1 2 3 4 5 Date ............... Registrar FORM 8 (See Rule 45) Azad Jammu and Kashmir Shariat Court WORK REGISTER No and date of application for Name of Typist/ Operator/Copyist Date of receipt of application by Total number of pages to be copied. Date of return of application with copy to the officer incharge 1 2 3 4 5 Dated . signature of the Typist/ Operator/ Copyist. APPENDIX‑I (See rule 49(2)) PART‑A I. Petitions: (i) Tablak, envelop of folder containing particulars of the petition and a brief abstract of the orders; (ii) index of papers; (iii) order sheet or chronological abstract of orders; (iv) petition together with any schedule annexed thereto and all documents, whether original or copies, filed with the petition; (v) written statements, if any; (vi) applications of parties who are strangers to the proceedings with orders of the Court passed thereon; (vii) memorandum of issues with amended or additional issues, if any ; (viii) depositions of witnesses, ulema, experts, etc; (ix) opinion of witnesses, ulema, experts jurisconsults ; (x) documents or certified copies thereof received by the Court during the hearing as evidence of the parties ; (xi) order impounding a document, if any ; (xii) commissions and proceedings held thereunder, reports and examination of the Commissioner ; (xiii) affidavits ; (xiv) reports furnished by the record Department ; (xv) interlocutory orders of the Court ; (xvi) judgement, translation thereof, if any, or any other final order; (xvii) all notes in the handwriting of members of the Bench (xviii) applications for review of judgment with the order of the Court passed thereon ; and (xix) judgments on appeal, if any. II. Appeals and references ; (i) Tablak, envelop or folder containing particulars of the case and brief abstract of the orders ; (ii) index ; (iii) memorandum of appeal and letter of reference; (iv) all papers in original trial ; (v) copies of the judgements of the District Criminal Court ; (vi) any additional evidence taken under the orders of the Court ; (vii) translation of police reports ; (viii) interlocutory orders of the Court; (ix) judgment and formal order of the Court and translation thereof, if any, and (x) all orders in the handwriting of the members of the Bench. APPENDIX II (See rules 50, 51 and 55) Preservation of record. (a) Documents to be preserved permanently ; (i) Part ' A' of the petitions ; (ii) Part 'A ' of the appeals ; (iii) Part ' A' of the references ; (iv) judgments of the Supreme Court in petitions, appeals and references or referred from orders of the Court ; and (v) original trials under any law. (b) Documents to be preserved for twelve years ; Part A of the petitions, appeals and references not included in clause (a) above. APPENDIX‑III (See ride 54 and 55) Maintenance and preservation of Registers. Sr.No. Name of Registers Period for which to be preser ved. 1 2 3 (a) Primary Registers 1. Institution and disposal register of petitions. For ever. 2. Institution and disposal register of appeals. ‑‑‑do‑ 3. Institution and disposal register of references. ‑‑‑do‑‑ 4. Miscellaneous applications and orders of the Court passed thereon. ‑‑‑do‑‑ 5. Bail applications and orders of tile Court passed thereon ‑‑‑do‑‑ 6. Supreme Court Appeals. ‑‑‑do‑‑ (b) Subsidiary Registers. 1. Receipt Daily of letters. ‑‑‑do‑‑ 2. Index registers. ‑‑‑do‑‑ 3. Deposit Accounts Books. ‑‑‑do‑‑ 4. Payment order Book. ‑‑‑do‑‑ 5. Charge reports of officials ‑‑‑do‑‑ 6. Registers of books in Courts and Chambers ‑‑‑do‑‑ 7. Diary Receipt Register. ‑‑‑do‑‑ 8. Service Appeal Registers. ‑‑‑do‑‑ 9. Receipt Diary. Twelve years 10. Process fees realized. ‑‑‑do‑‑ 11. Form Stock book. Ten years 12. Stationery Stock Book. ‑‑‑do‑‑ 13. Typewriter Stock Book. ‑‑‑do‑‑ 14. Despatch Register. ‑‑‑do‑‑ 15. Cause Register for petitions. six years. 16. Cause Register for appeals. ‑‑‑do‑‑ 17. Cause Register for references. ‑‑‑do‑‑ 18. Cause Register for miscellaneous. ‑‑‑do‑‑ 19. Cause Register for Bail applications. ‑‑‑do‑‑ 20. Despatch Diary. Five years 21. Ledger for Stamp Account. ‑‑‑do‑‑‑ 22. Deposit order Books (Copying Charges) ‑‑‑do‑ 23. Payment order Books (payment to witnesses experts etc,). ‑‑‑do‑‑‑ 24. Ledger Book. ‑‑‑do‑‑ 25. Copying Charges Cash Book. ‑‑‑do‑‑ 27. Supreme Court correspondence. ‑‑‑do‑‑ 28. Consumption of service post cards. ‑‑‑do‑‑ 29. Return of files in all cases (Record Registers) Three years. 30. Receipt of Record. ‑‑‑do‑‑ 31. Disposal of application for copies. ‑‑‑do‑‑ 32. Deposit Receipt Books. ‑‑‑do‑‑ 33. Casual leave folder officials of the Court. ‑‑‑do‑‑ 34. Check Books. Two year 35. Outstation Dak Books (Files) One year. 36. Outstation Dak Book (Letters, etc) ‑‑‑do‑‑ 37. Postal Receipts. ‑‑‑do‑‑ 38. Incomplete petitions and appeals. ‑‑‑do‑‑ 39. Remand of appeals and references. ‑‑‑do‑‑ 40. Register of Benches. ‑‑‑do‑‑ 41. Inspection Record. ‑‑‑do‑‑ 42. Cause Lists (weekly and daily) ‑‑‑do‑‑ 43. Work performed by Copyists. ‑‑‑do‑‑ 44. Distribution of cases to Copyists. 45. Copies supplied to the Editor, Pakistan Law Reporter/Pakistan Legal Decisions etc. ‑‑‑do‑‑ 46. Copies sent to Bar Associations. ‑‑‑do‑‑ 47. Check Book showing the receipts of stationery and its consumption. ‑‑‑do‑‑ 48. Cases sent to Despatcher for issuing letters, etc. ‑‑‑do‑‑ 49. Notice cases sent to Despatcher for issuing notice ‑‑‑do‑‑ 50. Daily Receipt Register. ‑‑‑do‑‑ 51. Ledger of Translators. ‑‑‑do‑‑ 52. Cash Book (daily) ‑‑‑do‑‑ 53. Press requisition forms book. ‑‑‑do‑‑ 54. Daily Return of work done by Copyists. ‑‑‑do‑‑ 55. Journal Receipt Register. ‑‑‑do‑‑ 56. Distribution of books. ‑‑‑do‑‑‑ (c) Statistical Registers: 1. Institution and Disposal by a Bench Benches Twelve yews 2. Register of pending petitions, appeals and references. ‑‑‑do‑‑ 3. Work done by members of the Court sitting in Chambers. ‑‑‑do‑‑ 4. Court fees realized. ‑‑‑do‑‑‑ APPENDIX IV (See rule 56) Preservation of returns and other papers (a) Returns: (i) To be preserved for one year: index of judicial correspondence and list of unanswered references. (ii) To be preserved for three years: budget estimates and district civil and criminal statements. (b) Correspondence: To be preserved for three year; (i) reminders ; (ii) charge certificates ; and (iii) letters asking for circulars, almanacs, copies of rules, petitions for employment, private letters and petitions asking for informations regarding rules or the practice of the Court etc. (c) Personal files of officials of the Court: (i) Who die while in service shall be preserved for three years after their death; provided there are no outstanding claims on the part of their heirs ; and (ii) who have retired shall be preserved until their death ; provided that no file shall be destroyed before three years from the date of retirement even if death occurs within three years of retirement. (d) Account Statements (i) To be preserved for one year ; Sub vouchers for twenty‑five rupees or less which are not submitted to audit. (ii) To be preserved for three years ; bills and vouchers for over twenty five rupees counterfoils and miscellaneous papers. Note, It shall be ensured that no bill or voucher is destroyed even after expiry of the period mentioned above until all audit objections, if any, relating to it have first been settled. (iii) To be preserved permanently unless otherwise directed by the Court ; Cash Books, journals and ledger accounts.