RULE

Azad Jammu and Kashmir Witnesses in Criminal Courts Rules Azad Jammu and Kashmir Witnesses in Criminal Courts Rules (Rules and Orders of Azad Jammu and Kashmir High Court of Judicature) No.2A‑HC/221‑269/50 [Dated April 3, 1950] CHAPTER‑XI WITNESSES IN CRIMINAL COURTS PART‑A: EXPENSES 1. The Criminal Courts are authorized to pay at the rates specified in Rule 4 and 5 below, the expenses of complainants or witnesses:‑ (a) in cases in which the prosecution is instituted or carried on by or under the orders or with the sanction of the Government of or any Judge, Magistrate, or any other public officer, or in which it shall appear to the presiding officer to be directly in furtherance of the interest of public service; (b) in all cases shown as not bailable in column 5 of Schedule 11 of the Code of Criminal Procedure or in any other law for the time being inforce; (c) in all cases which are cognizable by the Police; and (d) of witnesses compelled to attend by the Magistrate under section 540 of the Code of Criminal Procedure. 2. No payment shall be made by Government to witnesses summoned at the instance of the complainant under section 244 of the Code of Criminal Procedure, unless the prosecution appears to the Magistrate to be in furtherance of the interests of public justice. The Magistrate may, however, require the complainant to hay their expenses. 3. The Magistrates and Sessions Judges shall, like ordinary contingent expenditure, make payment of expenses to the witnesses out of the permanent advance at their disposal to be recouped from time to time from the grant under the head "27 Administration of Justice‑Witness Expenses" allocated for their respective Courts. 1. Subsistence Allowance: (a) For ordinary labouring class eight annas per dime. (b) For witnesses of a somewhat highergrade twelve annas per dime. (c) For witnesses not included in class (a) or (b) a sum not exceeding Rs.1/‑ per dime. (d) Special Rate: For witnesses not coming within the scope of the above‑mentioned classes a sum not exceeding Rs.3/‑ per dime according to circumstances. The presiding officers should not be over‑generous in classifying witnesses in the "Special" class and in the assessment of what witness is entitled to receive. The discretion should be exercised judiciously keeping in view the economy in respect of the Government money as well as the Budgeted Grant. Travelling Expenses: (1) When the journey is performed by rail: (a) For class a & b 3rd. class fare; and (b) For class c & d 3rd. class or intermediate class fare at the discretion of the Court. (2) When the journey is made otherwise than by rail, the necessary and actual expenses of carriage may be paid at the discretion of the Court. Provided that the journey could not, with reference to the age; position and habits of life of the person, have been made on foot. Note. When a minor of tender age or a perdah neshin lady, who can not safely travel alone, attends Court as a witness, the attendant who accompanies the minor or the lady may also be paid expenses at the ordinary rates prescribed for witnesses. 6. While exercising their discretion in assessing expenses to be paid to witness the Magistrates and Judges should bear in mind that the circumstances of each case differ from each other, and there are many criminal proceedings in which the prosecution is not called for on public grounds. It is not in every case that the State has undertaken and is bound to provide the cost of the prosecution. Moreover, in many instance witnesses live at such a short distance from the Court that their being summoned to give evidence can not be considered to entitle them to remuneration. At the same time deserving persons who undergo trouble and inconvenience in the prosecution of offenders, should not be denied their legitimate expenses. 7. It is the duty of the Magistrate to ascertain in each case how for the witness has to travel to and from the court and how much time shall it take him to travel to Court to give evidence and to return to his home. Every effort should be made to avoid delay in the payment of the expenses to witnesses. The Magistrate should receive‑ the money from the Nazir and disburse the same personally to the witness. PART‑B: GOVERNMENT SERVANTS 1. An officer of the Government who is summoned to give evidence of facts which came to his knowledge or of matters with which lie had to deal in his public capacity in a criminal case is entitled to draw travelling allowance under Rules from the Government. Accordingly the Courts should not grant to Government Servants fees or expenses from out of their own grants of such amount of money as might have been deposited in such cases for their travelling and halting or Subsistence allowances. The amounts under the latter head should, therefore, be credited to the Government. 2. It is improper to pay Subsistence allowances to a Government Servant at the rate of his pay. A Government servant if entitled, can not get Subsistence allowance otherwise than in accordance with these rules. 3 In all cases in which an officer of the Government is summoned to give evidence the Court should certify his attendance in writing specifying therein: (a) the date or the dates on which the officer retrained in attendance at the Court, and (b) the amount, if any, paid to the officer by ,way of Subsistence allowance etc. The certificate shall be attached by the officer concerned to the T.A. Bill which he may submit under the rules. 4. The attendance of the Civil Surgeon or other Medical officer at the Criminal Courts of the Station for the purposes of giving evidence is one of his official duties, and he is not entitled to claim nor are the Courts authorized to grant, a fee, allowance or expenses for this duty. 5. Medical Officers should, however, be paid the actual expenses incurred by them on account of carriage hire, when their attendance in Court entails such expenditure. Note. These Rules have been approved and sanctioned by the Government in accordance with the provisions of Section 544 Criminal Procedure Code vide Joint Secretary to Azad Jammu and Kashmir Government, Law Department No. 4612/3950 50. dated 28‑3‑1960