APPLICATION FOR ENFORCEMENT OF FUNDAMENTAL RIGHTS UNDER ARTICLE 61 OF GILGIT-BALTISTAN (EMPOWERMENT & SELF GOVERNANCE ORDER) 2009

1. HABEAS CORPUS.

1. An application for a Writ Petition of habeas corpus shall be filed in the Registry and shall be accompanied by an affidavit by the person restrained, stating that the application is made at his instance and setting out the nature and circumstances of the restraint. The Gilgit-Baltistan Chief Court for the same relief and, if so, with what result: Provided that where the person restrained is unable to owing to the restraint to make the affidavit, the application shall be accompanied by an affidavit to the like effect made by some other person, who shall state the reason why the person restrained is unable to make the affidavit himself.
2. The application shall be heard by a Bench consisting of not less than two Judges.
3. If the Court is of opinion that a prima facie case for granting the application is made out, rule nisi shall be issued calling upon the person or persons against whom the order is sought, to appear on a day to be named herein to show cause why such order should not be made and at the same time to produce in Court the body of the person or persons alleged to be illegally or improperly detained then and there to be dealt with according to law.
4. On the return day of such rule or any day to which the hearing thereof may be adjourned, the Court shall, after hearing such parties as are present and wish to be heard, make such order as in the circumstances it considers to be just and proper.
5. In disposing of any such rule, the Court may, in its discretion, make such order for costs as it may consider just.
Mandamus, Prohibition, Certiorari, Qua Warranto, etc.
6. An application for the enforcement of any other fundamental right shall be filed in the Registry. It shall set out the name description of the application, the relief sought, and the grounds on which it is sought, and the grounds on which it is sought, and shall be accompanied by an affidavit verifying the facts relied on, and at least eight copies of the said application and affidavit shall be lodged in the Registry. It shall a also state whether the application has moved the Gilgit-Baltistan Chief Court for the same relief and, if so, with what result. The application shall be made by notice of motion, but the Registrar may in appropriate cases put up the application before the Court for orders as to the issue of notice.
7. Such application shall be heard by a Bench consisting of not less than two Judges of the Court. Unless the Court otherwise directs, there shall be at least eight clear days between the service of the notice of motion and the day named therein for the hearing of the motion.
8. Copies of the said application and the affidavit in support thereof shall be served with the notice of motion and every party to the proceeding shall apply to any other party, on demand and on payment of the proper charges, copies of any affidavit filed by him.
9. The notice shall be served on all persons directly affected and on such other persons as the Court may directly affected and on such other persons as the Court may direct:

10. Provided that on the hearing of any such motion, any person who desires to be heard in opposition to the motion and appears to he Court to be proper person to be heard shall be heard, notwithstanding that he has not been served with the notice of motion and shall be liable to costs in the discretion of the Court.
11. The Court may in such proceedings impose such terms as to costs and as to the giving of security as it deems fit.
12. The provisions of Order XVII relating to petitions shall, so far as may be applicable, apply to applications under this Order.

 B. ISSUE AND EXECUTION OF PROCESSES OF SUPREME APPELLATE COURT UNDER ARTICLE 62 OF GILGIT- BALTISTAN (EMPOWERMENT & SELF GOVERNANCE ORDER) 2009.

Article 62:- 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 may be 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 a 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.
4. Subject to this order and Law, the Supreme Appellate Court may. In consultation with the Council, make rules regulating the practice and procedure of the Court: Provided that till the new rules are framed, the rules framed by the Supreme Appellate Court shall, so far as they are not inconsistent with this Order and any other law, deemed to have been made by the Supreme Appellate Court until altered or amended and reference to the Supreme Appellate Court in these rules shall be construed to be referred to the Supreme Appellate Court.

ARTICLE 63:- Decisions of Supreme Appellate Court binding on other Courts.------- Any decision of the Supreme Appellate Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other Court in the Gilgit- Baltistan.

REVIEW UNDER ARTICLE 65 OF GILGIT-BALTISTAN (EMPOWERMENT & SELF GOVERNANCE ORDER) 2009.

1. Subject to the law and the practice of the Court, the Court may review its judgment or order in a Civil proceeding on grounds similar to those mentioned in Order XLVII, rule 1 of the code and in a Criminal proceeding on the ground of an error apparent on the face of the record.
2. Application for review shall be filed in the Registry within thirty days after pronouncement of the judgment, or as the case may be , the making of the order, which is sought to be reviewed. The applicant shall after filing the application for review, forthwith give notice thereof to the other party and endorse a copy of such notice to the Registry.
3. Every application for review shall be accompanied by a certified copy of the judgment or order complained of, and when the application proceeds on the ground of a discovery of fresh evidence, certified copies of the documents, if any, relied upon shall be annexed to the application together with an affidavit setting forth the circumstances under which such discovery has been made.
4. The Advocate signing the application shall specify in brief the points upon which the prayer for review is based and shall add a certificate to the effect that consistently with the law and practice of the Court, a review would be justifiable in the case. The certificate shall be in the form of a reasoned opinion.
5. In case the Court comes to the conclusion that the Review Application filed was vexations or frivolous, the Advocate drawing the application shall render himself liable to disciplinary action.
6. Except with the special leave of the Court, no application for review shall be entertained unless it is drawn by the Advocate who appeared at the hearing of the case in which the judgment or order, sought to be reviewed, was made. Nor shall any other Advocate, except such Advocate, be heard in support of the application for review, unless the Court has dispensed with the requirement aforesaid.
7. No application for review shall be entertained unless party seeking review furnishes cash security of Rs.3, 000/- which shall stand forfeited, if the Review Petition is contested.
8. Application for review shall be posted before the same bench that delivered the judgment or order sought to be reviewed.
1. However the Chief Judge in his discretion may mark the case to smaller or larger bench (Full Bench/D.B./S.B.) for other good reasons provided the author of the original judgment instrumental to the present proceedings under review is included.
2. In case bench which delivered the judgment is not available and there is no chance of same bench to be constituted, the Chief Judge can entrust the review petition to new bench.
9. Subsequent application for review shall lie in a fit case under special circumstance i.e. if it is not entertained by the same bench or the bench covered under rule 8 ibid.