CIVIL APPEALS UNDER ARTICLE 60 OF GILGIT BALTISTAN (EMPOWERMENT & SELF GOVERNANCE ORDER) 1999

  1. No notice of motion in relation to a Civil Appeal under this Order shall be entertained unless it is accompanied by a certificate issued by the Gilgit-Baltistan Chief Court that the case involved a substantial question of law or of public importance.

  2. The petition/appeal shall be presented within thirty days from the date of grant of certificate by the Gilgit-Baltistan chief Court or the date of impugned judgment,decree or final order of Gilgit-Baltistan Chief Court. Provided that the Court may for sufficient cause extend the time.

  3. The petition of appeal shall set forth the appellant’s objections to the decision of the Gilgit-Baltistan Chief Court and the appellants shall not, except by leave of the Court, urge or be heard in support of any other ground, but the Court, in deciding the appeal, shall not be confined to the grounds of objections set forth in the petition of appeal or urged by the leave of the Court under this rule. Provided that the Court shall not rest its decision on any other ground unless the party who may be affected thereby has had a sufficient opportunity of contesting the appeal on that ground.

  4. The petition of appeal shall be accompanied by:

    1. certified copies of the judgment and decree or final order appealed against, and of Courts below;

    2. a certified copy of the certificate granted under Rule I where that certificate is not embodied in the judgment; and

    3. an affidavit of service of copy of the petition of appeal on the respondent.

  5. Within thirty days of the service on him of the petition of appeal, a respondent may, if he so desires, file in the Court his objections, if any, to the grounds taken by the appellant in his petition of appeal, and to the appellant’s right to raise in the appeal any question other than those bearing on the question of law to which the certificate relates.

  6. The liability of the parties to pay Court-fee in this Court, unless otherwise ordered by this Court, shall not be affected by any order for consolidation of appeals made by the Gilgit-Baltistan Chief Court or by this Court.

  7. The provisions contained in the succeeding Orders in this part of the Rules shall apply, mutatis mutandis to appeals under this Order.

PETITION FOR LEAVE TO APPEAL IN CIVIL ROCEEDINGS UNDER ARTICLE 60 (13) OF GILGIT-BALTISTAN (EMPOWERMENT & SELF GOVERNANCE ORDER) 1999

  1. A petition for leave shall be lodged in this Court within sixty days of the judgment, decree or final order sought to be appealed from or as the case may be within thirty days from the date of the refusal of grant of certificate by the Gilgit-Baltistan Chief Court. Provided that the Court may for sufficient cause extend the time.

  2. A petition for leave to appeal shall state succinctly and clearly all points of law which arise for determination and, all such facts it may be necessary to state in order to enable the Court to determine whether such leave ought to be granted and shall be signed by the Counsel or by the party himself if he appears in person. The petition shall deal with the merits of the case only so far as is necessary for the purpose of explaining and supporting the particular grounds upon which leave to appeal is sought.

  3. The petitioner shall lodge at least three copies, unless required otherwise by the Court, of:-

    1. his petition for leave to appeal;

    2. the judgment, decree, final order sought to be appealed from, one copy of which shall be certified as correct, together with grounds of appeal or application before the Gilgit- Baltistan Chief Court;

    3. paper book of Gilgit-Baltistan Chief Court, if any, and the other record duly attested by the Counsel for the petitioner;

    4. the order of the Gilgit-Baltistan Chief Court refusing grant of certificate, if any under Rule 1;

    5. an affidavit in support of allegations of fact prescribed by Rule 4 of the Order XVII, hereinafter contained; and

    6. unless a caveat, as prescribed by Order XVII, Rule 2 has been lodged by the other party; who had appeared in the Court below, an affidavit of service of notice of the intended petition upon such party. The petitioner shall, on demand, furnish to other parties, at their expense, on the prescribed charges, copies of all or any of the documents filed by him in the Court.

  4. In an appropriate case the Registrar may require the petitioner to supply, in advance of the hearing of the petition, copies of the orders made in the case by all Courts subordinate to Gilgit-Baltistan Chief Court as well as grounds of the petition of any earlier appeal in case these documents are not already included in the paper book or record of the appeals as mentioned in Rule 3 of this Order.

  5. Save in cases where caveat as prescribed by Rule 2 of Order XVII has been lodged by the other party who appeared in the Court appealed from, petitions for leave to appeal shall be heard ex-parte, but the Court may direct the petitioner to issue notice to the other party as it may deem fit, and adjourn the hearing of the petition which shall be posted for hearing after service of the hearing of the petition which shall be posted for hearing after service of notice on the party concerned and upon affidavit of service by the petitioner. Where the other party who has appeared in the Court appealed from has lodged a caveat as aforesaid, but a caveator shall not be entitled to costs of the petition unless the Court otherwise order.

  6. Where the Court grants leave to appeal it shall, in its order, give such directions, as it may deem fit, for the provision of security by the petitioner for the costs of the respondents as may be awarded by the Court on the disposal of the appeal as well as for printing charges. These directions, as far as they relate to security for costs shall be subject to medications at the instance of any party, at any time prior to the hearing of the appeal.

  7. Subject to the provisions of these Rules no appeal by leave of this Court shall be fixed for hearing unless the amount of security has first been deposited and subject to any directions of the Court in this behalf, the deposit shall be made within a period of one month from the date of grant of leave to appeal; failing which the leave shall stand rescinded unless otherwise ordered by the Court.

  8. Except where otherwise ordered by the Court, the security shall be deposited in cash in the National Bank of Pakistan at Gilgit or any scheduled Bank under a challan to be issued by the Registrar.

  9. Where the appellant has lodged security for the costs of the respondent as well as for the printing charges of the paper-book, the Registrar shall deal with such security in accordance with the directions contained in the order of the Court determining the appeal.

  10. After the grant of leave to appeal by this Court, the case shall be registered as an appeal and the Registrar shall transmit a certified copy of the order of the Court Registrar of the Court appealed from.

  11. Where a petitioner, who has obtained leave to appeal desired, prior to the receipt of the original record of the appeal in the Court, to withdraw his petition, he shall make an application to that effect to the Court and the Court may thereupon make an order dismissing the petition. The security, if entered into by the appellant, shall be dealt within such manner as the Court may deem fit to direct.

  12. Save as otherwise provided by the preceding rules of this Order, the provisions of Order XVII hereinafter contained shall apply Mutates Mutandis to petitions for leave to appeal.

  13. The provisions contained in Order XXI shall apply, as far as applicable, in the case of any person seeking to appeal to the Court as a pauper.

PREPARATION OF RECORD

  1. As soon as a petition of appeal has been lodged in the Registry under Order XII or the Court made an order granting leave to appeal under Order XIII, the appeal shall be registered and the appellant shall, within 60 days, file in the Registry the required number of copies of the record and of the additional documents. If so ordered by the Court, otherwise the appellant shall without delay take all necessary steps to have a printed/cyclostyled record prepared in the Registry.

  2. Where an appeal has been admitted by an order of this Court, the Registrar, shall notify the respondents of the order of this court granting leave to appeal, and shall also transmit a certified copy of the order to the Registrar of the Chief Court.

  3. The Registrar shall then send for the original record from the Chief Court, and the Registrar of the Chief Court shall, with all convenient speed, arrange for the transmission of such record to the Registrar of this Court. If printed paper-books had been prepared for use in the Chief Court, at least four copies thereof shall also be transmitted along with the original record.

    1. Where the appellant fails to have the record prepared with due diligence, the Registrar shall call upon him to explain this default, and, if no explanation is offered or if the explanation offered is in the opinion of the Registrar is unsatisfactory, the Registrar may issue a summon to the appellant calling upon him to show cause before the Court at a time to be specified in the said summons why the leave to appeal should not be rescinded. The respondent shall be entitled to be heard before the Court in the matter of the said summons and to ask for his costs and such other relief as he may be advised. The Court may, after considering the matter of the said summons, rescind the grant of leave to appeal, or give such other directions as the justice of the case may require.

    2. The respondent shall show due diligence in the matter so far as is required of him, but negligence on his part will not excuse delay in completion of the record for which the appellant is primarily responsible.

  5. In the preparation of the record the printed paper books prepared for the use of the Chief Court may be included, if sufficient number of such paper books is available.

  6. Within thirty days from the date of grant of leave to appeal, the appellant shall pay Court-Fee in respect of the appeal according to the scale laid down in item No. 2 of Part-I of the First Schedule to these Rules.

  7. Every appellant and each respondent who has entered an appearance shall be entitled to receive for his use, copies of the paper book.

  8. The parties shall be severally responsible for placing on the paper book to be used at the hearing all documents that may be necessary for the due appreciation of the case. In case of objection by any party to the inclusion or non-inclusion of any document which is desired by any other party, such document shall be included but at the cost of the party desiring such inclusion, provided that if the Court, when deciding the appeal, considers that any document so included, was either inadmissible in evidence, or wholly irrelevant or unnecessary for the purpose of the appeal, the costs incurred in respect of such document shall be borne exclusively by the party at whose instance such document was included.

  9. As soon as the record has been made ready, the Registrar shall require the parties, who have entered appearance, to certify the record to be correct and complete. The parties shall, thereafter, under the directions of the Registrar take, with due diligence, further steps required to be taken under these Rules preliminary to the hearing of the appeal.

  10. Except where otherwise ordered by the Court, the provisions contained in these Rules shall not be applicable where a petition on grant of leave to appeal has been converted into an appeal by the Court and disposed of accordingly. The appeal shall, however, be registered.

WITHDRAWAL OF APPEAL, NON-PROSECUTION OF APPEAL CHANGE OF PARTIES.

  1. Where an appellant desires to withdraw his appeal, he shall make and application to that effect to the Court. The costs of the appeal and the security, entered into by the appellant, if any, shall then be dealt with in such manner as the Court may deem fit.

  2. If an appellant fails to take any steps in the appeal within the time fixed for the same by these Rules, or, if, no time is specified, it appears to the Registrar that the appellant is not prosecuting his appeal with due diligence, the Registrar shall call upon him to show cause why the appeal should not be fixed before the Court for dismissal on account of non-prosecution.

  3. The Registrar shall send a copy of summons mentioned in the last preceding Rule to every respondent who has entered an appearance and every such respondent shall be entitled to be heard before the Court and ask for his costs and to other relief.

  4. The Court may, after hearing the parties, dismiss the appeal for non- prosecution or give such other directions thereon, as the justice of the case may require.

  5. An appellant whose appeal has been dismissed for non-prosecution may, within thirty days of the order, present a petition praying that the appeal may be restored and the Court may, after giving notice of such application to the respondent, who had entered appearance in the appeal, restore the appeal if sufficient cause is shown on such terms as to costs or otherwise as it deems fit. Provided that the Court may for sufficient cause extend the time for making such an application.

  6. Where at any time after the grant of leave to appeal the record is found to be or becomes defective by reason of the death or change of status of a person who was a party to the decree or other decision by the lower Court, it shall be the duty of the appellant to make an application in that behalf, and the Court, may on such application, or on application, by any other person interested, grant a certificate showing who in the opinion of the Court, is the proper person to be substituted or entered on the records, in place of, or in addition to, the party on the record, and name of such person shall thereupon be deemed to be so substituted or entered on the record as aforesaid.

  7. An application to bring on record the legal representative of an appellant or a respondent, who has died or suffered a change of status, shall be made within 90 days of such occurrence: Provided that the Court may, for sufficient cause extend the time.

APPEARANCE BY RESPONDENT

  1. The respondent shall enter an appearance within 30 days of the receipt of the notice from the Registrar regarding grant of leave to appeal to the appellant, under Rule 2, Order XVI, but he may enter an appearance at any time before the hearing of the appeal on such terms as the Court may deem fit.

  2. The respondent shall forthwith after entering an appearance give notice thereof to the appellant and endorse a copy of such notice to the Registrar.

  3. Where there are two or more respondents, and only one, or some, of them enter an appearance, the Appearance Form shall set out the names of the appearing respondents.

  4. Two or more respondents may, at their own risk as to cost, enter separate appearance in the appeal.

  5. A respondent who has not entered appearance shall not be entitled to receive any notice relating to the appeal from the Registrar.

  6. Where a respondent fails to enter appearance in an appeal within 30 days of service upon him of the notice issued by the Registrar under Rule 10 of the Order XIV of the Rules of the appeal may be set down ex-parte as against the said non-apperaing respondent. The Registrar shall give notice of the appeal having been set down ex-parte to the non-appearing respondent. Provided that the Court may condone the delay and grant such further time to the non-appearing respondent as it may deem fit.

PETITIONS GENERALLY

  1. All petitions shall consist of paragraphs numbered consecutively and shall be fairly and legibly written, type-written or lithographed on one side of standard petition paper demyfoolscap size or on paper ordinarily used in the Chief Court for transcribing petitions, Court appealed from, the full title and the Supreme Appellate Court number of appeal to which the petition relates, or the full title of the petition as the case may be and the name address of the petitioner. Unless the petition is a Consent Petition within the meaning of Rule 8 of this Order at least three copies thereof shall be filed.

  2. Where petition is expected to be filed or has been filed, which does not relate to any appeal pending in the Registry, any person claiming a right to appear before this Court on the hearing of such petition may lodge a caveat in the matter thereof, and shall thereupon be entitled to receive from the Registrar notice of the filing of the petition, if at the time, of the lodging of the caveat such petition has not yet been filed and, if and when the petition has been filed, to require the petitioner to serve him with a copy of the petition and to furnish him, at his own expense, with copies of any papers filed, by the petitioner in support of his petition. The caveator shall forthwith, after lodging his caveat give notice thereof to the petitioner, if the petition has been filed.

  3. Where a petition is filed in the matter of any appeal pending in the Registry, the petitioner shall serve any party who has entered an appearance in the appeal, with a copy of such petition and the party so served shall thereupon be entitled to require the petitioner to furnish him, at the expense of the said party, with copies of any papers filed by the petitioner in support of his petition.

  4. A petition not relating to any appeal pending in the Registry and any other petition containing allegations of fact which cannot be verified by reference to the record or any certificate or duly authenticated statement of the Court appealed from, shall be supported by an affidavit. Where the petitioner prosecutes his petition in person, the said affidavit shall be sworn by the petitioner himself and shall state therein that to the best of the dependent knowledge, information and belief, the allegations contained in the petition are true.

  5. The Registrar may refuse to receive a petition on the grounds that5 it has not been filed in accordance with the Rules or is frivolous or contains scandalous matter, but the petitioner may appeal from such refusal to the Judge in Chambers within fourteen days.

  6. As soon as a petition and all necessary documents are filed the petition shall be registered.

  7. Subject to the provisions of Rule 5 of Order XIII, and the next following rule, the Registrar shall, as soon as the Court has appointed a day for the hearing of a petition, notify all parties concerned of the day so appointed.

  8. Where the prayer made in a petition is consented to in writing by the opposite party, or where a petition is of a formal and non contentious character, the Court may, if it deems fit, make an order thereon, without requiring the attendance of the opposite party, and the Registrar shall not in any such case issue notice as provided by the last preceding rule, but shall, with all convenient speed, after the Court has made its order, notify the parties concerned that the order has been made and the date and nature of such order.

  9. A petitioner who desires to withdraw his petition shall give notice in writing to that effect to the Registrar. Where the petition is opposed, the opponent shall, subject to any agreement between the parties to the contrary, be entitled to apply to the Court for his costs, but where the petition is unopposed, or where, in the case of an opposed petition, the parties have come to an agreement as to the costs of the petition, the petition may, if the Court deems fit, be disposed of in the same way mutatis mutandis as a Consent Petition under the provisions of the last preceding rule.

  10. Where the petitioner unduly delays bringing a petition to a hearing, the Registrar shall call upon him to explain the delay and if no explanation is offered, or if the explanation offered is, in the opinion of the Registrar, unsatisfactory, the Registrar may, after notifying all parties interested, place the petition before the Court for such directions as the Court may deem fit to give thereon.

  11. At the hearing of a petition not more than one counsel shall be allowed to be heard on one side.

  12. Where in the opinion of the Court a petition or application is frivolous or vexatious, the Court may direct the petitioner or applicant to deposit forthwith a specified amount as costs of the proceedings, which may be forfeited or paid to the opposite party in the discretion of the Court.

LODGING OF CONCISE STATEMENT AND SUPPLEMENT PROCEEDINGS

  1. The appellant and the respondent may lodge in the Registry the required number of copies of their concise statements of the facts of the case and of the arguments upon which they propose to rely at any time before the appeal is set down for hearing.

  2. Two or more respondents may, at their own risk as to costs, file separate concise statements in the same appeal.

  3. Each party shall after filing his concise statement, forthwith give notice thereof to the other party, and shall thereafter be entitled to receive two copies of the concise statement filed by the opposite party on his applying therefore.

  4. The concise statement shall consist of paragraphs numbered consecutively and shall state, as precisely as possible in chronological order, the principle steps in the proceedings leading up to the appeal from the commencement thereof down to the admission of the appeal, and thereafter, the contentions to be urged by the party filing the same , and the reasons, therefore, and shall be printed or neatly typed with quarter margin, on one side of standard petition paper of the same size as the printed record. Reference by page and line to the relevant portions of the record as printed shall, as far as practicable be printed or typed in the margin, and care shall be taken to avoid, as far as possible, the reproduction in the concise statement of long extracts from the record. The counsel preparing the concise statement shall also cite all previous decisions of the Supreme Court of Pakistan and Supreme Appellate Court Gilgit-Baltistan to the best of their knowledge, bearing on the question proposed to be raised in the appeal, the Taxing Officer in taxing the costs of the appeal shall, either of his own motion or at the instance of the opposite party, inquire into any unnecessary prolixity in the concise statement, and may disallow the costs occasioned thereby.

  5. The paper book of the appeal shall be arranged in the following order:-

    1. Printed or typed record;

    2. Supplementary record, if any;

    3. Appellant’s concise statements if any; and

    4. Respondent’s concise statement, if any.

      5. The front cover shall bear a printed label stating the title and Supreme Appellate Court Gilgit-Baltistan number of the appeal; the contents of the volume and the names and addresses of the parties. The short title and the Supreme Appellate Court Gilgit-Baltistan number of the appeal shall also be shown at the back.

HEARING OF APPEALS

  1. All appeals filed in the Registry shall, as far as possible be heard in the order in which they are set down.

  2. Adjournment of cases of all kinds for hearing shall only be granted on proper application filed by Advocate, except where it is sought by a party conducting his case in person.

  3. The Registrar shall, subject to the provisions of Order XVI notify the parties to the appeal of the date fixed for the heard on one side.

  4. Subject to the directions of the Court, at the hearing of an appeal not more than one Advocate shall be heard on one side.

  5. The appellant shall not, without the leave of the Court, rely at the hearing on any grounds not specified in his petition of appeal and the concise statement.

  6. Where the Court, after hearing an appeal, decides to reserve its judgment therein, the Registrar shall notify the parties concerned of the day appointed by the Court for the announcement of the judgment.

MISCELLANEOUS

  1. The filing of a petition for leave to appeal or an appeal shall not prevent execution of the decree or order appealed against, but the Court may, subject to such terms and conditions as it may deem fit to impose, order a stay of execution of the decree or order, or order a stay of proceedings, in any case under appeal to this Court.

  2. A respondent may apply for the Summary determination of an appeal on the ground that it is frivolous or vexatious, or has been brought for the purpose of delay, and the Court shall make such order thereon as it deems fit.

  3. A party to an appeal who appears in person shall furnish the Registrar with an address for service and all documents left at that address, or sent by registered post to that address, shall be deemed to have been duly served.

PAUPER, APPEALS, PETITIONS, ETC.

  1. The provisions of Order XLIV in the First Schedule to the code shall, with necessary modifications and adaptation, apply in the case of any persons seeking to appeal to the Court as a pauper.

  2. An application for permission to proceed as a pauper shall be made on petition, setting out concisely in separate paragraphs, the facts of the case and the relief prayed, and shall be accompanied by a certificate of counsel that the petitioner has reasonable grounds of appeal. It shall be also accompanied by an affidavit from the petitioner disclosing all the property to which he is entitled and the value thereof, other than his necessary wearing apparel and his interest in the subject-matter of the intended appeal, and stating that he is unable to provide sureties, and pay Court-fees. The Registrar on satisfying himself that the petition is in order, may himself inquire into the pauperism of the petitioner after notice to the other parties in the case and to the Attorney-General, or refer the matter to the Registrar of Gilgit-Baltistan Chief Court, and the Gilgit- Baltistan Chief Court investigate into the pauperism after notice to the parties interested and made a report thereon within thirty days after the receipt of the reference from this Court. Provided that no reference as aforesaid shall be necessary where the petitioner had been permitted to prosecute his appeal in forma pauperism in the Court appealed from.

  3. The Court may allow an appeal to be continued in forma pauperism after it has begun in the ordinary form.

  4. Where the petitioner obtains leave of the Court to appeal as a pauper he shall not be required to pay Court-fees or to lodge security for the costs of the respondent.

  5. Where the appellant succeeds in the appeal, the Registrar shall calculate the amount of court-fees which would have been paid by the appellants if he had not been permitted to appeal as a pauper and incorporate it in the decree or order of the Court; such amount shall be recoverable by the Federal Government from any party ordered by the Court to pay the same, and shall be the first charge on the subject-matter of appeal.

  6. Where the appellant fails in the appeal or is dispaupered the Court may order the appellant to pay the Court-fees, which would have been paid by him, if he had not been permitted to appeal as a pauper.

  7. The Federal Government shall have the right at any time to apply to the Court to make an order for the payment of proper court-fees due and payable by the pauper.

CRIMINAL APPEALS UNDER ARTICLE 60 OF GILGIT-BALTISTAN (EMPOWERMENT & SELF GOVERNANCE ORDER), 2009

  1. 1. Criminal Appeals shall be lodged within thirty days from the date of judgment or final order appealed from or within thirty days from the date of the certificate of the Gilgit-Baltistan Chief Court. Provided that the Court may for sufficient cause extend the time.

  2. The appeals shall be in the form of a petition in writing, which shall be accompanied by a certified copy of the judgment or final order appealed against. The appellant shall file at least four copies of his petition and the accompanying documents for inclusion in the paper book of the appeal.

  3. The appellant, if he is in jail, may present his petition of appeal and the accompanying document to the Officer-in-Charge of Jail, who shall forward them forthwith to the Registrar of this Court.

  4. On the receipt of the petition of appeal, the Registrar, shall cause notice of the appeal to be given to the Advocate-General and in cases where the appeal is by the Government to the accused and shall also furnish the Advocate-General with a copy of petition of appeal and or the accused, as the case may be, with a copy of the petition of the appeal and the accompanying documents.

  5. The Registrar shall thereafter send a copy of the petition of appeal to the Gilgit-Baltistan Chief Court for its record, and require the Registrar of the Gilgit- Baltistan Chief Court to transmit to this Court the original record of the appeal along-with the records of the Court below with all convenient speed. In case where paper books of the appeal were printed/typ0ed for use in the Gilgit-Baltistan Chief Court, 4 copies thereof, or such shall also be transmitted along-with the original record. The record shall be prepared at the expense of the appellant, unless Court orders otherwise, but in appeals involving sentence of death, or imprisonment for life the record shall be prepared at the expense of the Government of the Province concerned.

  6. In a pauper case, the Court may direct the engagement of an Advocate so engaged shall be as specified in Part 1 of the Second Schedule.

  7. Due notice shall be given to the parties concerned of the date fixed for the hearing of the appeal. The accused may, where he so desires, present his case by submitting his arguments in writing and the Court shall consider the same at the hearing of the appeal.

  8. The Court may, where it thinks fit so to do in the interest of justice, direct the production of an accused person at the hearing of the appeal.

  9. After the disposal of the appeal the Registrar shall, with the utmost expedition, send a copy of the Court’s judgment or order to the Gilgit-Baltistan Chief Court.

  10. Pending the disposal of any appeal under this Order the Court may Order that the execution of the sentence or order appealed against be stayed on such terms as the Court may think fit.

  11. In criminal proceedings, no security for costs shall be required to be deposited and no court-fee, process fee or search fee shall be charged except.

  12. Save as aforesaid the provisions contained in the preceding Orders in this Part shall, mutatis mutandis apply, so far as may be, to criminal appeals under this Order, except that concise statement will not be filed in Criminal Appeals unless order by the Court.

PETITIONS FOR LEAVE TO APPEAL AND APPEALS ARISING THERE FORM IN CRIMINAL PROCEEDINGS.

  1. Save as hereinafter provide the provision with respect to petitions for leave to appeal in civil proceedings contained in Order XIII of this part shall mutatis mutandis apply to petitions for leave to appeal in criminal matters except that no court-fee, process fee or search fee shall be charge3d but the copying fee shall be charged except in petitions through jail.

  2. A petition for leave to appeal in criminal matter shall be lodged within 30 days from the date of judgment or final order sought to be appealed from, or as the case may be from the date of the order refusing certificate by Gilgit-Baltistan Chief Court. Provided that the period of Limitation for a petition for leave to appeal by the Advocate General against the judgment or order of acquittal shall be 60 days from the date of such judgment or order: Provided further that the Court may, for sufficient cause shown, extend, the time.

  3. The petitioner, if he is in jail, may present his petition for leave to appeal in respect of his own conviction along-with the accompanying documents, including any written arguments which he may desired to Advocate, to the Office-in-charge of the Jail who shall forthwith forward them to the Registrar.

  4. Except in cases involving the sentence of death, the Registrar shall place the petition and the accompanying documents so received before the Court, and the Court may upon perusal of the papers, reject the petition summarily without hearing the petitioner in person, if it considers that there is no sufficient ground for granting leave to appeal.

  5. In case of a petition for leave to appeal involving a sentence of death the Registrar shall as soon as the petition is filed or received from the Officer-in-Charge of a Jail, intimate the fact of the petition having been filed/received in the Court to the Government and thereupon the execution of the sentence of death shall be stayed pending the disposal of the petition, without any express order of the Court in this behalf. Provided that unless otherwise ordered by the Court this rule shall not apply to the petitions filed on behalf of a condemned prisoner, who has exhausted all his legal remedies by way of the petition for leave to appeal, appeal or review in this Court and whose mercy petition has been rejected by the concerned authorities.

  6. As soon as necessary documents are available the Registrar shall, if the petitioner has been sentenced to death, assign an Advocate from a penal of amicus curiae Advocate, and place the petition before the Court for hearing. The fee of the Advocate so assigned shall be Rs. 1000/- or such amount as may be fixed by the Court hearing the petition.

  7. Pending the disposal if the petition under this Order, the Court may direct that execution of any order for imprisonment or fine, against which leave to appeal is sought, be stayed, on such terms as the Court may deem fit: Provided that unless surrender is first made to an order of imprisonment, as above, the petition shall not be entertained: Provided further, petitions involving bail before arrest may be entertained and posted for hearing if the petitioner undertakes to appear and surrender in Court.

  8. In case the Court grants leave to appeal in a petition against acquittal, the Court may direct that the respondent shall be arrested forthwith and detained in judicial custody pending final disposal of the appeal. During such detention, the respondent shall be treated as an under-trial prisoner.

  9. After the grant of petition or application for leave to appeal by the Court the Registrar shall transmit a certified copy of the order to the Court appealed from. The Court appealed from shall then arrange for the transmission of the original record of the appeal including the records of the Courts below with all convenient speed. In cases where paper books of the appeal were printed/typed for use in the Gilgit-Baltistan Chief Court, 12 copies thereof, or such lesser number as the Registrar may specify, shall also be transmitted along-with the original record.

  10. The paper books for use in Supreme Appellate Court Gilgit-Baltistan shall be prepared at the expense of the appellant unless otherwise ordered by the Court, but in cases involving sentence of death or imprisonment for life, these shall be prepared at the expense of the Government.

  11. The Provisions contained in Order XXII shall so far as practicable, apply to criminal appeals arising under this Order except that the record shall be prepared at the expense of the appellant.