GILGIT TRIBUNE

Voice of the Mountain People

Gilgit-Balitstan Supreme Appellate Court to expedite judicial matters

Posted by Gilgit Tribune on September 28, 2009

ISLAMABAD, Sep 27: Under Gilgit-Balitistan Self Empowerment and Governance Order 2009, a separate Supreme Appellate Court has come into existence to deal with judicial issues of the area. The new judicial set up will address a host of issues and matters bringing much awaited relief to the litigants. According to contents of the Order regarding appointment of Chief Judge, other judges and their role and functions, the Order says that before entering upon office, the Chief Judge of Gilgit-Baltistan will have to make before the Governor and any other Judge of the Supreme Appellate Court of Gilgit-Baltistan will make before the Chief Judge, oath in the form set out in the First Schedule.

 

The Chief Judge and judges of the Supreme Appellate Court of Gilgit-Baltistan shall be appointed for a term not exceeding three years and maybe appointed for such further term as the Government of Pakistan may determine, unless they sooner resign or are removed from office in accordance with law.

 

At any time when the office of Chief Judge of Gilgit-Baltistan is vacant, or the Chief Judge, is absent or unable to perform the functions of his office due to any other cause, the next senior Judge of the Supreme Appellate Court will act as Chief Judge of Gilgit-Baltistan.

 

The remuneration and other terms and conditions of service of the Chief .Judge and of a Judge of the Gilgit-Baltistan Supreme Appellate Court shall be such as are admissible to the Chief Justice of Pakistan and Judges of the Supreme Court of Pakistan.

 

Subject to the succeeding provision of this Article, the Supreme Court of Gilgit-Baltistan shall have jurisdiction to hear and determine appeals from judgments, decrees, final orders or sentences of the Chief Court of Gilgit-Baltistan.

 

An appeal shall lie to the Supreme Appellate Court of the Gilgit-Baltistan from any judgment, decree, final order or sentence of the Chief Court of Gilgit-Baltistan,-

 

(a)  if the Chief Court has on appeal reversed an order of acquittal of an accused person and sentenced to death or to imprisonment for life; or, on revision, has enhanced a sentence to a sentence as aforesaid; or.

 

(b)  if the Chief Court has withdrawn for trial before itself any case from any court subordinate to it and has in such trial convicted the accused person and sentenced him as aforesaid; or

 

(c)  if the Chief Court has imposed any punishment on any person for contempt of the Chief Court; or

 

(d)  if the amount or value of the subject matter of the dispute in the court of first instance was, and also in dispute in appeal is, not less than fifty thousand rupees or such other sum as may be specified in that behalf by Act of the Council and judgment,  decree or final order appealed from has varied or set,, aside the judgment, decree or final order of the court immediately below; or

 

(e)  if the judgment, decree or final order involved directly or indirectly some claim or question respecting properly or the like amount or value and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below; or

 

(f)   if the Chief Court certifies that the case involves a substantial question of law as to the interpretation of this Order,

 

An appeal to the Gilgit-Baltistan Supreme Appellate Court of from a judgment, decree, order or sentence of the Chief Court in a case to which clause (11) does not apply shall lie only if the Supreme Appellate Court of grants leave to appeal.

 

(a)  an appeal to Gilgit-Baltistan Supreme Appellate Court shall be heard by a Bench consisting of not less than two judges to be constituted or reconstituted by the Chief Judge;

 

(b)  if the Judges hearing a petition or an appeal are divided in opinion, the opinion of majority shall prevail;

 

(c)  if there is no such majority as aforesaid the petition or appeal, as the case may be, shall be placed for hearing and disposal before another Judge to be nominated by the Chief Judge:

 

Provided that in case of difference of opinion as aforesaid, the decision of the Supreme Appellate Court shall be expressed in term of opinion of the senior of the two Judges.

 

The person holding office as Chief Judge of the Gilgit-Baltistan Supreme Appellate Court of Gilgit-Baltistan immediately before the commencement of this Order shall as from such commencement hold office as Chief Judge of Supreme Appellate Court under this Order on terms and conditions prescribed in this Order provided these are not inferior to the terms as conditions applicable to him immediately before such commencement.

 

All legal proceedings pending in the Gilgit-Baltistan Supreme Appellate Court, immediately before the commencement of this Order, shall on such commencement, stand transferred to, and be deemed to be pending before the Supreme Court for determination and any judgment or order of the Supreme Appellate Court delivered or made before such commencement shall have the same force and effect as if it had been delivered or made by the Supreme Court.

 

Original Jurisdiction.- (1)  Without prejudice to the provisions of Article-71, the Supreme Appellate Court, on an application of any aggrieved party, shall if it considers that a question of general public importance with reference to the enforcement of any of the fundamental right conferred by Part II of this Order is involved, have the power to make declaratory order of the nature mentioned in the said Article. (2) An application made under clause (1) shall be heard by a Bench comprising not less than two Judges to be constituted by the Chief Judge.

 

Issue and execution of processes of Supreme Appellate Court.-  

 

(1)  The Supreme Appellate Court shall have powers to issue such directions, orders or decrees as maybe necessary for doing complete justice in any case or matter pending before it including an order for the purpose of securing the attendance of any person or the discovery or production of any document.

 

(2)  Any such direction, order or decree shall be enforceable throughout Gilgit-Baltistan as if it has been issued by the Gilgit-Baltistan Chief Court.

 

(3)  All executive and judicial authorities throughout Gilgit-Baltistan shall act in aid of the Supreme Appellate Court.-APP

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