JURISDICTION OF THE COURT


The Supreme Appellate Court has Jurisdiction to decide matters in its Original, Appellate, Review and Advisory jurisdiction in the light of Article 75, 76, 80, & 92 of the Government of Gilgit-Baltistan Order, 2018 .

1. ORIGINAL JURISDICTION-SECTION 76 of ORDER, 2018

       Without prejudice to the provisions of section 86, 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 Chapter 1 of Part II of this Order is involved, have the power to make declaratory Order of the nature mentioned in the said section. An application made under sub-section (1) shall be heard by a Bench comprising not less then two Judges to be constituted by the Chief Judge.

2. APPELLATE JURISDICTION:

      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:

  1. 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 sentenced to a sentence as aforesaid; or,
  2. If the Chief Court has withdrawn for trial before itself any case from any Court subordinate to it and has in such trial convicted the accused person and sentenced him as aforesaid; or
  3. If the Chief Court has imposed any punishment on any person for contempt of the Chief Court; or
  4. If the amount or value of the subject matter of the dispute in the Court of first instance was, and also in dispute in the 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 vaied or set aside the judgment, decree or final order of the Court immediately below; or
  5. If the judgment, decree or final order involved directly or indirectly some claim or question respecting property 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
  6. If the Chief Court certifies that the case involves a substantial question of law as to the interpretation of this order, i.e. the Government of Gilgit-Baltistan Order, 2018. 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 if the Supreme Appellate Court of Grants leave to appeal.

3. REVIEW JURISDICTION:

       The Supreme Appellate Court shall have the powers, subject to the provisions of an Act of the Assembly and of any rules made by the Supreme Appellate Court, to review any judgement pronounced or any order made by it.

4. ADVISORY JURISDICTION:

      If, at any time, the Prime Minister or the Governor desires to obtain the opinion of the Gilgit-Baltistan Supreme Appellate Court on any question of law which he considers of public importance, he may refer the question to the Supreme Appellate Court of Gilgit-Baltistan for consideration.
(2) The Gilgit-Baltistan Supreme Appellate Court shall consider a question so referred and report its opinion on the question to the Prime Minister or as the case may be, the Governor.