7
Powers and procedure of the Court
Act: Azad Jammu and Kashmir Shariat Court Act 1993
Section Provisions
THE AZAD JAMMU AND KASHMIR SHARIAT COURT ACT, 1993 THE AZAD JAMMU AND KASHMIR SHARIAT COURT ACT, 1993 (ACT IX OF 1993) [Dated March 16, 1993] AN ACT to provide for law relating to the constitution of Azad Jammu and Kashmir Shariat Court. WHEREAS it is expedient to provide for law relating to the constitution of Azad Jammu and Kashmir Shariat Court, in the manner hereinafter appearing ; It is hereby enacted as follows :‑ 7. Powers and procedure of the Court. (1) For the purposes of the performance. of its functions, the Court shall have the powers as are vested in the High Court, while exercising revisional, appellate and original civil and criminal jurisdiction. (2) All directions and orders passed or process issued by the Court shall be enforceable and executed in Azad Jammu and Kashmir as if it has been issued by the High Court. (3) The Court shall have power to conduct its proceedings and regulate its procedure in all respects as it deems fit. (4) The Court shall have the power of a High Court to punish its own contempt. (5) A party to any proceeding before the Court under this Act may be represented by a legal practitioner who is a Muslim and has been enrolled as an Advocate of High Court for a period of not less than five years or as an Advocate of the Supreme Court or by a Jurisconsult selected by the party from out of a panel of jurisconsults maintained by the Court for the purpose. (6) For being eligible to have his name on the panel of jurisconsults referred to in clause (5) a person shall be an Aalim' who in the opinion of the Court, is well‑versed in Shariat. (7) A legal practitioner or jurisconsult representing a party before the Court shall not plead for the party but shall state, expound and interpret tile injunctions of Islam relevant to the proceedings so for as may be known to him and submit to tile Court a written statement of his interpretation of such Injunctions of Islam. (8) The Court may invite any person in Azad Jammu and Kashmir or abroad whom tile Court considers to be well versed in Islamic Law to appear before it and render such assistance as may be required of hire. (9) No Court fee shall be payable in respect of any petition or application to tile Court under this Act. (10) The Court shall have power to review any decision given or order made by it.