RULE

THE INSTITUTION OF PETITIONS AND GRANT OF THE INSTITUTION OF PETITIONS AND GRANT OF WRITS RULES, 1975 In exercise of the powers conferred by Section 52 of the Azad Jammu and Kashmir Courts and Laws Code, 1949, as approved by the Government, the High Court is pleased to make the following Rules:‑ 1. Short title and commencement. (1) These rules may be called the Institution of Petitions and Grant of Writs Rules, 1975. (2) They shall come into force at once. 2. An application for the issue of Writs shall be filed before the Chief Justice or in his absence before a Judge of the High Court and in the absence of either, before the Registrar or the Additional Registrar of the High Court at Muzaffarabad, Mirpur or Rawalakot. The petition shall set out concisely in numbered paragraphs the facts upon which the applicant relies and the grounds upon which the Court is asked to issue a Writ and shall state exactly the nature of the relief sought. Such an application shall be accompanied by an affidavit or affidavits in proof of the facts referred to in application. The application shall also state whether the applicant has moved the High Court previously for the same relief and if so with what result. Every affidavit sworn or affirmed before a commissioner of this Court shall bear a Court Fee of Rs. 4/‑. 3. Unless otherwise ordered by the Chief Justice the application shall be laid before a Division Bench which may summarily dismiss it or pass such order as it may deem necessary. During vacation the application may be disposed of by a vacation judge. Every application for a Writ shall be heard by a Division Bench unless otherwise directed by the Chief justice. If the application for Writ can be heard only by a Division Bench, an application which is in continuation of these proceedings can also be heard by a Division Bench. The orders passed in such proceedings are also orders passed in the exercise of Writ Jurisdiction. 4. Subject to the directions of the Court, notice of every application shall be served on all parties directly affected and for this purpose the applicant shall file as many authenticated copies of the application and affidavits as there are parties to be served and the prescribed process fee: Provided that at the hearing of the application any person, who desires to be heard in opposition to the application and appears to the Court to be a proper person to be heard, shall be heard, notwithstanding that he has not been served with a notice and subject to such conditions as to costs as the Court may deem fit to impose. 5. An application under these rules may be made by the petitioner in person or through a counsel. 6. Respondents in Writ petitions should be required when notices are issued, to file written statements, counter affidavits, if any, and other documents on which they rely at least seven days before the hearing. 7. All questions arising for determination of such petitions shall be decided ordinarily upon affidavits but the Court may direct that such questions as it may consider necessary be decided on such other evidence and in such manner as it may deem fit and in that case it may follow such procedure and may pass such order as may appear to it to be just. 8. The Writ under these Rules shall be served personally, if possible, upon the parties to whom it has been directed or in such manner as the Court issuing the Writ may direct. 9. Costs shall be in the discretion of the Court in each case. 10. A court fee of Rs. 20/‑ shall be payable on each petition but no court fee shall be required in case writ is required in respect of the detention of any person by or under orders of any person or by or under orders of any public authority. 11 The forms set out in the appendix be used with suitable modification whenever necessary. FORM NO. 1 FORM OF PETITION IN THE HIGH COURT OF AZAD JAMMU AND KASHMIR Special Original Jurisdiction Writ Petition No .. of A.B Petitioner. AND C.D . Respondent. Petition under Article ____________ of the Azad Jammu and Kashmir Interim Constitution Act, 1974. The petitioner above named states as follows:‑ 1. The petitioner is (give description and address). 2. The address of the petitioner for service of notices is 3. The respondent (give description and address). 4. Facts on which the applicant relies and the grounds on which the relief is sought. 5. For the reasons set out above, the petitioner prays that (set out the relief sought). Signed (Signed) Advocate for the petitioner. Petitioner FORM NO. 2 Day, the _________day of ____________one thousand and nine hundred _______________________ Present: Mr. Justice __________________________________________________ AND Mr. Justice _________________________________________________ Write Petition No .of 19 In the matter of . a detenue In the Central jail at Petitioner Petition under Article of the Azad Jammu and Kashmir Interim Constitution Act, 1974, praying that In the circumstances stated therein and the affidavit filed therewith, the High Court will be pleased to issue a writ of Habeas Corpus for production before the High Court of Azad Jammu and Kashmir the person detenue in the Central Jail at . to be dealt with according to law and direct that he be set at liberty. ORDER This petition coming on for hearing upon perusing the petition and the affidavit filed in support thereof and other papers material to this petition and upon hearing the arguments of Mr. _______________ Advocate General on behalf of the State, IT IS ORDERED THAT now a detenue in the Central jail at .................. under .......................................... (specify Act) be released forthwith from custody, unless he is liable to be detained In custody for some other use Registrar To (1) The Superintendent, Central Jail . (in Duplicate) (2) The Chief Secretary to Government of Azad Jammu & Kashmir. (3) The District Magistrate .......................................................... Date _____________________________ FORM NO. 3 Order Directing Issue of a Writ of Habeas Corpus IN THE HIGH COURT OF AZAD JAMMU AND KASHMIR Writ Petition No of 19 ___________________________ Date ___________________________________ Present Mr. Justice ___________________________________________________________ and Mr. Justice ___________________________________________________________ ....Petitioner and .Respondent Petition under Article of the Azad Jammu and Kashmir Interim Constitution Act, 1974, praying that in the circumstances set out in the petition and affidavit filed therewith, the Court may be pleased to issue a Writ of Habeas Corpus etc. The petition coming on this day for orders, upon reading the petition etc. and upon hearing Mr for the petitioner and Mr for the respondent, it is ordered that Superintendent, Central jail, at be required, to produce the body confined in the said Jail immediately before this Court to be dealt with according to law. Registrar FORM NO. 4 IN THE HIGH COURT OF AZAD JAMMU AND KASHMIR Writ petition No . of 19 Day, the Day of one thousand nine hundred And__________________________ Present Mr. justice ________________________________________________________ and Mr. Justice _______________________________________________________ Petitioner And .Respondent Petition, praying that in the circumstances stated in the affidavit filed therewith, the High Court will be pleased to issue a Writ of certiorari calling for the records in on the of and quash the order therein. This petition coming on for orders, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr Advocate for petitioner, it is ordered as follows:‑ (1) That a writ of certiorari returnable... do issue to the calling for the records in on the file of (2) That a notice do issue to the Respondent herein directly to appear before the Court in person or by Advocate on ..at ..a.m. and to show cause why the application should not be complied with. Dated 19______________ Registrar WRIT AND NOTICE Writ Petition No of Return of writ of certiorari Notice (To be ordered on Writ of Produce) The process of the writ of certiorari whereof mention is made within with all things touching the same in the several papers hereto as within command. The answer of the respondent herein Date the__________________ day of_______19_______ Signed FORM NO : 5 Writ of certiorari, Order Obsolete IN THE HIGH COURT OF AZAD JAMMU AND KASHMIR The day of .. 19 Writ Petition No of 19 Between Petitioner and Respondent Where as by a petition filed in this Court by aforesaid petitioner it has been brought to the notice of tins Court that you respondent, aforesaid, have taken or you file (here describe the proceedings) whereas this Court is of opinion that you, the respondent aforesaid, have no jurisdiction to hear and determine the said by reason that ('state facts s1u)wing want of jurisdiction). You are hereby prohibited from further proceeding with the said Registrar FORM NO. 6 Writ of Prohibition IN THE HIGH COURT OF AZAD JAMMU AND KASHMIR The day of ___________________________19____________________________ Writ Petition No____________________ of_______ 19 ____________________ Between ________________________________________________________ Petitioner and ________________________________________________________ Respondent Where as by a petition filed in this Court by aforesaid petitioner it has been brought to the notice of this Court that you respondent, aforesaid, have taken or you file (here described the proceedings) whereas this Court is of opinion that you, the respondent aforesaid, have no jurisdiction to hear and determine the said by reason that (state facts showing want of jurisdiction). You are hereby prohibited from further proceeding with the said. Registrar FORM NO. 7 Order on petition for Quo Warranto IN THE HIGH COURT OF AZAD JAMMU AND KASHMIR The Day of _____________________________ 19 _____________________ Write Petition No. _____________of _________________ 19_____________ Between .....................................................................................................................Petitioner and ....................................................................................................................Respondent Petition praying that the circumstances stated in the affidavit it filed therewith the High Court will be pleased to issue of Quo Warranto direct to the, respondent, above named, requiring him to show cause by what authority he claims to have use enjoy and perform the rights, duties, privileges of the office of __________________________________ The petition coming on for hearing this day, upon reading the petition etc, upon hearing Mr ___________________ for the petitioner and the said respondent appearing by Mr. ___________ and entering a disclaimer to the Quo Warranto, the Court doth order and direct that the said office and this Court doth further order and declare that the said office of ___________ is vacant. Registrar FORM NO. 8 Writ of Mandanius IN THE HIGH COURT OF AZAD JAMMU AND KASHMIR The day of _______________________________ 19______________________ Writ Petition No. __________________________________________________ Between ...... ...... ...... ...... ...... ...... ...... ........................................................ ...... Petitioner and ..................................................................................................... Respondent To Whereas by Section............. of........... ........... ...........Act you are also required to ......................................................................................................................... (specify. the .act. to be ...done) and whereas it has been represented to the Court that contrary to the requirements of the Act, you failed, neglected to refuse to ..................... in spite of demands made in that behalf. Your are hereby directed. ........... ........... ........... ........... ........... ........... on or before. REGISTRAR