The Sindh Criminal Court Rules, 2012

Made under Article 202 of the Constitution read with section 554 of the Code of Criminal Procedure

Content

Parts, Chapters and Schedules

Rules

2

1.1 Short Title
– These Rules may be cited as “Sindh Criminal Court

Rules 2012”.

1.2 Application
– These Rules shall come into force from the date of publication in the Official Gazette, and shall, so far as may be, apply to all proceedings and matters in all Criminal Courts, Subordinate to the High

Court commenced on or subsequent date, and, so far as may be, to all the proceedings and matters pending in such Court on that date.

1.3 Former rules and circulars are annulled
– The Sindh Courts

Criminal Circulars and all other rules and regulations relating to the matters which are provided for in these rules are hereby annulled.

3

2. Definitions – In these rules, unless there is anything repugnant in the subject or context.

(a) Advocate: includes a partnership of Advocates.

(b) Code: means the Criminal Procedure Code, 1898.

(c) Competent Authority: means the District & Sessions Judge or any person nominated by him to perform the function of the competent authority.

(d) Court: means and includes every Criminal Court subordinate to the High Court.

(e) High Court: means the Sindh High Court and its Benches.

(f) Magistrate: means the Judicial Magistrates and includes Special

Magistrates appointed under Section 12 and 14 of the Code.

(g) Penal Code: means the Pakistan Penal Code, 1860.

(h) Prescribed: means prescribed under the Code or under these

Rules.

(i) Provincial Government: means Province of Sindh.

(j) Public Prosecutor: means any person appointed under section

492 of the Code and includes any person acting under the direction of the Public Prosecutor to conduct a criminal case on behalf of the

State.

(k) Registered Clerk: means a Clerk of an Advocate registered under these rules.

(L) Rules: means the Sindh Criminal Court Rules, 2012.

(m) Sessions Division: means the Revenue District or more than one

Revenue Districts as notified in this behalf.

4

3.1
The appointment and condition of service of employees working in the Sessions Court and the Court of Magistrates are governed by the

Rules of Sindh Judicial Service Rules 1992. However in respect of pay, leave, pension and superannuation, and all other matters not expressly provided for in these rules, the establishment of the Sessions Court and

Judicial Magistrate Court shall be governed by such rules as are applicable to the civil servants of the provincial Government of Sindh.

3.2 Court Dress for Judicial Officers and Advocates
– (1) All the

Judicial Officers including the Judicial Magistrates shall wear black coat, white shirt, black tie, white trousers and gown, whenever notified.

(2) Lady Judicial Officer shall wear black coat, white shirt, white shalwar or saree and gown, whenever notified

(3) Advocates when appearing in the Court shall wear black coat/black sherwani, white shirt, black tie, white trouser and gown.

Provided that wearing gown shall be optional.

(4) Lady Advocate shall wear Black coat, white shirt, white colour shalwar or saree and gown.

Provided that wearing of gown shall be optional.

3.3 Court holidays and working hours
– The holidays in Sessions

Court shall be observed in accordance with the calendar issued by the

High Court of Sindh every year. In addition to the holidays declared by the

High Court two holidays in a year may be observed by the Sessions

Courts declared by the local administration.

3.4 Court timings
– Sessions Court shall observe the following timings:-

From Monday to Saturday except Friday

8.30
08.30 a.m. to 02.00 p.m. Court/office timings (without break)

2.0
02.00 p.m. to 03.00 p.m. Office/Chamber work 5

Friday

08.30 a.m. to 12.00 noon Court/office timings

12.0
12.00 noon to 12.30 p.m. Office/Chamber work

3.5 Disposal of urgent work on holidays
– On holiday a Criminal

Court may dispose of such work of urgent nature like granting bail or remand or do such other work as may with proprietary be done out of

Court and it will not be proper to refuse to do any act or make any order urgently required merely on the ground of the day being gazetted holiday.

3.6
The duties and powers of Sheristedars of Sessions Court –

Sheristedars shall perform the following duties and functions:-

(l) to receive cases, appeals and applications; and enter and initial the date of receipt on cases, appeals and applications;

(2) to administer oaths and affirmations to the declarants of affidavits;

(3) to certify copies; and

(4) to certify decisions and orders to the lower Courts;

(5) to sign process not being warrant of arrest or order to the

Jailer for the execution, modification or reversal of sentences;

(6) to cancel Court fee stamps;

(7) to scrutinize the matter and shall promptly submit after noting any error of procedure or bar of jurisdiction, limitation or other laws, or any error for preliminary order of the Judge or in

Chamber;

(8) to be interpreters;

(9) to be sealers of their Courts;

(10) upon receipt of preliminary order of rejection or admission cause sessions appeals and applications to be registered in appropriate register and shall cause such matters as are admitted to hearing to be entered for the disposal on the appointed dates on the boards of the Court;

(11) to keep board of criminal business fixed for hearing. Post copies of the board on the notice board of the Court; 6

(12) to keep diaries of Sessions cases in the prescribed form and shall submit them daily at the closure of the proceedings for the signature of the Judge. Diaries need not be kept of criminal appeals and miscellaneous appeals but all interlocutory orders including orders for adjournment shall be filed in their proper order in the proceedings as they are passed by the Judge;

(13) to keep such files as may be ordered by the Judge, and shall be responsible for the safe custody of pending proceedings entrusted to him including all documents connected therewith;

(14) to be responsible for the safe custody of the property connected with the proceedings during the hearing but shall hand it at the close of each hearing and at the conclusion of the matter for safe custody till disposal to the Nazir or if there is no Nazir to the

Record Keeper;

(15) he shall prepare the timely intimation of the dates fixed for trial of sessions cases for summoning the witnesses and where the accused are in custody to the Superintendent of the prison;

(16) he shall requisitioned the case property, if any, relating to the trial and obtain from the Nazir or Record Keeper;

(17) He shall prepare list of persons entitled to travelling expenses or subsistence allowance as a witness;

(18) he shall examine all documents produced or offered in evidence and bring to the notice any apparent insufficiency of the

Court fee or other stamps for the orders of the Judge.

(19) in case of trials ending in acquittal or discharge or conviction, shall he prepare the warrant of release or warrant for execution of sentence, as the case may be, for the signature of the Judge;

(20) to take orders of the Judge for the disposal of the property produced in the case and to prepare short description of the case and of any implements, such as dies or moulds, which may have 7 been found in the case of counterfeit coins for despatch with the coins to the Government Treasury;

(21) all moulds, dies and other instruments produced in the case shall be returned to the Police concerned. The forged currency note or notes produced in the case to be forwarded to the currency

Officer, State Bank of Pakistan for entry in their book and for destruction;

(22) promptly prepare copies of the judgments for communication to the Home Department and shall after the expiry of the period of appeal or upon decision of the appeal in the case of convicts sentenced to imprisonment prepare a copy of judgment for the use of the Superintendent of prison in which the prisoner is confined.

(23) in the case of Cr. Appeal and Revision, cause the preparation of timely notice of date fixed for hearing for communication to the appellant, applicant and public prosecutor or other Officer appointed by the provincial Government.

(24) prepare the necessary warrants or orders upon delivery of the appellate or original decisions and prepare the prescribed copies of judgments and orders for communication to the lower

Court. All such judgments and orders shall be filed in the record of lower Court.

(25) promptly prepare cases ordered to be submitted for consideration or confirmation for despatch to the High Court, and promptly prepare returns to all writs and the necessary warrants or orders on receipt of appellate or revisional orders of the High Court.

(26) to be responsible for the punctual preparation of all periodical returns and for this purpose shall maintain a list of all returns either to be received or submitted with their due dates. The preparation or collection of all returns shall be commenced in sufficient time before such date to ensure punctuality.

8

(27) he shall be responsible for the proper paging of the records of all proceedings and for numbering of every tenth line of all depositions and judgements exceeding fifty lines in length for ready reference on appeal or revision.

3.7
The duties and functions of Sheristedars of Magistrates’

Courts – The functions and duties of the Sheristedars of Magistrates are as following:-

(1) to bring to notice any error of procedure or bar of jurisdiction in any matter which comes before the Magistrate.

(2) to sign process not being warrants of arrest or search warrants and not being warrants or orders to Jailers for execution, modification or reversal of the sentence;

(3) to be sealers of their respective Courts;

(4) to fill in the preliminary portion of diaries in the prescribed form in cases but body of the diaries shall be kept by the Magistrate by their own hand or by the Sheristedars under the instructions of the Magistrates and shall be signed by him.

Note:- (Diaries need not be kept in summary cases which are sufficiently provided for by the form of proceedings prescribed by law. Diaries may be kept in miscellaneous application and proceedings under Chapter VIII (B) of the Code, but all the interlocutory orders including the orders for adjournment should be filed in the proper order in the proceedings as they are passed by the Magistrates).

(5) keep separate files of complaints dismissed under Section

203 of the Code and of first reports from the Police under Section

154 and 157 of the Code;

(6) to be responsible for the safe custody of pending proceedings entrusted to them including all documents connected therewith.

9

(7) to handover all matters ordered to be put on the dormant file and all decided matters forthwith for safe custody to the Record

Keepers;

(8) to be responsible for safe custody of such property till the conclusion of the matter when it may be handed for safe custody till disposal to the Record Keeper. Strong boxed or chest with good locks shall, for this purpose, be supplied to such Sheristedars,

Nazir and Record Keepers;

(9) to be responsible for prompt payment of travelling expenses and the daily payment of subsistence allowance to complainants and witnesses according to the prescribed scale, except where otherwise specially ordered by the Magistrate;

(10) to examine all documents produced or offered in evidence and bring to notice any apparent sufficiently of the Court fee or other stamps for the orders of the Magistrate;

(11) to prepare the warrant for execution of sentence, including a warrant, if so ordered, for the levy of any fine inflicted, for the signature of Magistrate and shall promptly prepare communication of receivers of fine on behalf of the prisoners to the Superintendent of Prison.

(12) to be responsible for proper paging of records of all proceedings for the numbering of every tenth lines of all depositions and judgments exceeding fifty lines in length for ready reference on appeal or revision.

3.8 Record Keepers
– There shall be common Record Room for the

Civil and Criminal Courts in a District headed by a Record Keeper and assist by the staff who shall take charge of the files entrusted to his custody and the records of all matters ordered to be put on the dormant file and all matters which have been finally determined and shall date and punch second holes in all Court-fee stamps therein but not so as to render it impossible or difficult to ascertain the value or nature of the stamps. He 10 shall maintain a separate dormant file and arrange the other records according to the dates of decision in annual bundles keeping sessions cases, summary cases or other magisterial cases, Chapter VIII (B) cases, criminal appeals and miscellaneous criminal applications including the revision applications in separate bundles. He shall similarly arrange the periodical returns and such other correspondence files as may be ordered.

He shall keep a list of all records in their charge including the official gazette in Form No.1 of Appendix ‘B’ of General Record Register.

3.9 Library
– There shall be common Library for Civil and Criminal

Courts maned by Librarian and assisted by necessary staff in maintaining the Library.

3.10 Duty of Librarian
– The Librarian shall keep catalogue of all law reports, acts, collection of rules and orders, text books, gazettes and other publication. Books and publications should be stamped with the Court seal immediately upon receipt and should be entered in the catalogue and arrange systematically in the library as far as possible in the following manner:-

PLD, CLC, MLD, P,Cr.L.J, General Rules and Orders, Local Rules and Orders, Sindh Civil Court Rules and Sindh Criminal Court Rules, Civil

Services Laws and Miscellaneous collections.

Dictionaries, Digests English and Indian Text Books and other

Books of reference, Pakistan Law Commission Report and Gazette sub-divided into Federal Government Gazette and Sindh Government Gazette.

A separate class of old editions of all the publications may be preserved.

The law Reports, Acts, Gazettes should be bound periodically, the latest edition of Pakistan Code, Sindh Code, the General and Local Rules and Orders. Sindh Civil Court Rules, Sindh Criminal Court Rules, Civil

Account Rules and Civil Services Laws and Rules shall be kept up-to-date by pasting in the correction slips issued from time to time.

11

3.11 Book Slips
– (i) Every Court shall use book slip in the following form, while giving books to Judges:-

LIBRARY BOOK SLIP

Name

Date —

Books

(1) —

(2) —

(3) —

And so on Signature of Requisitioning Officer

(ii) The above book slip shall be returned by the Officer of the library to the recipients only after receiving books from them.

3.12 Accession
– The Officer in charge of the library shall ---

(a) Stamp the Court Seal on the title page of each book;

(b) fix a number label on the back of each book giving its serial number in the register prescribed in Form No.2 of Appendix ‘B’.

(c) check the register with the books every year in January and report to the Judge whether the books are complete and in good condition

(d) paste correction slips and amendments to (1) Pakistan

Code, (2) Sindh Code, (3) Criminal Court Rules and (4) Civil Court Rules.

(e) The Officer taking charge of the library shall report to the

Judge that he has checked the books with the register. If any books are missing or damaged, he shall prepare a list thereof and submit it to the

Judge for his orders.

(f) Every Judge on taking charge shall certify to the Sessions

Judge that he has checked the books in his Court with the register and make a report in regard to all books missing or damaged.

3.13 Nazarat
– The Nazirs or where there are no Nazir the Accountant shall keep the account of the Sessions Courts in the same forms and as part of the accounts of the District Courts. The Sheristedars of the

Magistrates’ Courts shall keep the contingent and other accounts 12 according to the Contingent Circular of the Accountant General Sindh,

Karachi and other rules in force pertaining to the financial matters.

3.14 Record not to be removed
– No member the establishment shall remove any official paper or record whatever from the office or Court without the special sanction of the Judge or Magistrate.

3.15 Members’ behaviour
– The members of the establishment shall specially be enjoined to show courteous behaviour towards all persons having business with the offices and should be required to attend with strict punctuality at the hours prescribed for their offices and to come neatly dressed and orderly shall be provided with the customary and with cap for appearance before the Judges and Magistrates in Chambers or in

Court. Smoking and spitting should promptly be checked. Peon shall regularly be supplied with uniform prescribed and they should be instructed to show customary marks of respect to all gentlemen of the rank and superior officers of the court.

13

4.1 Production of a person arrested, before a Magistrate
– A person arrested or detained in custody shall be produced before a

Magistrate within 24 hours excluding the time necessary for the journey from the place of arrest to the Court of the nearest Magistrate.

4.2
Action of the Magistrate before whom a person arrested is produced – The Magistrate shall check the time of arrest by questioning the arrested person and if he finds that a person has been detained unlawfully, he shall report the matter to the Sessions Judge, who shall make an appropriate order in the matter

4.3 When an investigation is not completed within 24 hours
– The

Magistrate, before whom the person arrested is produced for the remand, shall not grant the custody to Police for a longer period than 15 days altogether. The Magistrate shall adopt one of the following courses:-

(a) Discharge the accused at once, on the ground that there is no cause shown for further detention, or

(b) To remand him to police custody for a term not exceeding 15 days, which term, if less than 15 days, may subsequently be extended upto the limit of 15 days in all, or

If no reason is given for remand to police custody the person be sent to judicial custody and direct the police to complete the investigation in terms of Section 344, Cr.P.C.

If he has no jurisdiction to try the accused, he must send the accused to the Magistrate having jurisdiction in the matter.

4.4 Opinion to be formed on the basis of material produced
– The

Magistrate shall satisfy himself before making an order to remand in police custody under Section 167 of the Code, that (1) there are grounds for believing that the accusation or information sent up by the police is well founded, (2) there are good and sufficient reasons for remanding the accused to police custody instead of detaining in judicial custody. The 14

Magistrate shall examine the copies of diaries submitted under Section

167 in order to form an opinion to the necessity or otherwise of the remand applied for by the police, and ascertain what previous order have been made in the case.

4.5 Production of accused at the time of remand
– The accused person must always be produced physically before the Magistrate when a remand is asked for.

Provided where the accused/suspect is hospitalized and his condition is serious, the Police Officer applying for remand should submit along with application and necessary police file, such medical certificate issued by the Medical Officer of that hospital to that effect. The accused in such a case be remanded to Police or Judicial custody as if he is produced before the Magistrate.

It is desirable that in such an event the remand may be obtained from nearest Magistrate, if the Magistrate having jurisdiction cannot be reached without intricacy.

4.6 Guiding principles for the grant of remand to Police
– The

Magistrate shall follow the following principles in the matter of granting remands, and it shall be applied properly.

(a) Under no circumstances an accused person be remanded to police custody unless it is made clear that his presence is actually needed in order to serve some important and specific purpose connected with the completion of investigation. A general statement by the Officer applying for the remand that the accused may be able to give further information, should not be accepted

(b) When an accused person is remanded to police custody, the period of the remand should be as short as possible.

(c) In all ordinary cases in which time is required by the police to complete the investigation, the accused person should be detained in judicial custody.

(d) When the object of remand is merely the verification of the accused statement, he should be remanded to judicial custody.

(e) An accused who has been produced for the purpose of making a confession and, has declined to do so, or made a statement which is unsatisfactory from the point of view of the 15 prosecution, should in no circumstances be remanded to police custody.

4.7 Magistrate to record reasons
– The Magistrate shall record the reasons when the accused person is remanded to police custody, and copy of the order with reasoning shall be forwarded to the Sessions Judge concerned.

4.8
Procedure in case the investigation is not complete within statutory period – When the limit of 15 days has elapsed, and there is still need of further investigation by the police, the Magistrate shall follow the procedure as laid down in section 344 of the Code by bringing the case on file and the accused be detained, if necessary, in judicial custody.

The case may be postponed or adjourned from time to time for a period of not more than 15 days each and as each adjournment expired, the accused must be produced before the Magistrate and the order of adjournment must give reason for making the order.

4.9 If arrested person is female
– The Magistrate shall not, except in cases involving qatal or dacoity supported by reasons to be recorded in writing, authorise the detention of a female accused in police custody and the Investigating Officer shall interrogate female accused in presence of an officer of jail and a female Police Officer.

Provided that if for a purpose of investigation, it is necessary that the female accused be taken out of the prison, the Police Officer investigating the case shall apply to the Magistrate in that behalf and the

Magistrate may, for reasons be recorded in writing, permit taking of female accused out of the prison in accompany of a female Police Officer appointed by the Magistrate provided further that such accused shall not be kept out of prison in custody of police between the sunset and sunrise.

16

5.1 Recording of statement of witness by Magistrate
– The

Magistrate may record any statement of a witness made to him in the course of an investigation at any time, but before the commencement of the inquiry or trial.

5.2 Right of accused to cross-examine the witness
– The statement may be recorded by such Magistrate after due notice and in presence of the accused. The accused shall be given an opportunity to cross-examine the witness making the statement.

Provided the Magistrate shall enquire from the accused involved in offences liable to sentence of death, if he will engage a legal representative on his own expenses otherwise a qualified legal practitioner shall be engaged on Government expenses for the purpose of cross examination.

5.3 Confession of an accused, recording thereof
– The Magistrate may record the confession of an accused produced before him for recording of such confession on the prescribed Form No.1 Appendix ‘A’.

5.4 The mode and manner of recording of confession
– The confession shall be recorded in the manners prescribed for recording of evidence as is in the opinion of the Magistrate best fitted for the circumstances of the case. The confession so recorded and be signed in the manner provided in Section 364 of the Code and confession shall be forwarded to the Court who has taken the cognizance in the matter.

5.5
Magistrate duty to satisfy himself that confession is voluntarily

–Before recording the confession the Magistrate shall satisfy himself that the confession is voluntary by taking the following steps:- 17

(i) The Magistrate shall remove the accused from the custody of the police and place him in the custody of his orderly or his own police orderlies;

(ii) The Magistrate shall disclose his identity to the accused and he be informed that he has been brought before him for recording of the confession;

(iii) The Magistrate shall explain to the accused that he is not bound to make a confession and that, if he does so, it will be taken down in writing and may thereafter be used as evidence against him;

(iv) The Magistrate shall inform the accused that in any case he would not be given to Police custody, but to the judicial custody;

(v) The Magistrate shall fully satisfy himself that no inducement, threat or promise is given to the accused person, the Magistrate shall ascertain from the accused whether he has any complaint to make of ill-treatment against the police or other responsible for his arrest or custody.

(vi) The Magistrate must, by putting question, try to ascertain whether the accused has agreed to make the confession because he is under the impression that he would gain any advantage and whether such impression has been caused by an inducement, threat or promise. The Magistrate is also bound to question the accused person, and unless upon such questioning he has reason to believe that confession is voluntary, he cannot make a memorandum at the foot of the record to the effect:- “I believe that this confession was voluntarily made.”

(vii) The Magistrate shall observe the spirit not to observe formalities only given in the printed form for that purpose. He shall not be a hurry in recording the confession but he should put forward every endeavour to satisfy by fully questioning the accused as to whether he is making the confession voluntarily and with this object in view he should put as many as possible and those questions will be of the following type:-

(a) Why do you want to make a confession?

(b) Have you any complaint to make ill-treatment against the police or other responsible for your arrest and custody?

18

(c) Has anybody impressed upon you that by making a confession you would be set free or you would be given lesser punishment?

(d) Has the police or any person in authority offered you any inducement for making this confession?

(e) Has the police or any person in authority given you any threat in consequence of which you intend to make this confession.

(f) Has the police or any person in authority given you any promise as a result of which you want to make the confession.

(g) I had given you time for reflection and do you feel that now you have fully reflected and now you are prepared to confession not because somebody has asked you to do so, but because you have chosen to do so voluntarily and of your own free-will?

(h) Do you realize that in law you are not bound to make a confession and that if you do so, I shall take it down and the same will be used as evidence against you?

(i) Do you know that I am Magistrate to whom you can explain your difficulties and grievances freely before you finally make-up your mind to give the confession?

(j) Do you realise that I am not to force you for confession but I am here to find out whether you want to make a confession of your own free will and voluntarily?

(viii) The Magistrate thereafter shall allow the accused time for reflection, during which the police who brought him and the investigating police shall not be allowed to have access to him, such time should be at least two hours.

(ix) After fully satisfying himself that the accused wants to make a confession voluntarily without any inducement, threat or promise, the Magistrate should proceed to record the confession. Such statement should be recorded in the language of the accused and if that is not practicable, then in the language of the Court and such record shall be read out to the accused. Every question put to the accused and every answer given by him shall be recorded in full. In order to obtain clarification, the Magistrate may put him relevant questions but such questions shall not be in the nature of cross-examination. When the record is complete, it shall be signed by the accused and the Magistrate who shall certify under his own hand that the examination was taken in his presence and hearing and that record contains a full and true account of the statement made 19 by the accused and at the foot of such statement, the Magistrate shall make a memorandum to the following effect:-

“I have explained to (name of the accused ……………

………………..) that he is not bound to make a confession and that, if he does so, any confession he may make be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him.”

Seal with Date

Magistrate 20

6.1 Precautions by Police
– The following precautions should be shown to have been taken by the Police and should be recorded in official records like the general diary of the police station and the Jail Register and the same should be produced at the time of submitting application to

Magistrate for conducing identification test parade. a) Concealing identity of the accused while he is being removed from one place to the other. b) Ensure that the accused should not be seen by the witnesses before the identification test parade. c) The Police Officer who arrests the accused should get his face covered and take him to the police station in that state. d) In the police station the lock-up in which such an accused is kept should be covered with a curtain so that no one is able to see his face. e) When he is taken to Court or to jail his face should be kept covered. f) In jail also no outsider should be allowed to see his face.

6.2 List of dummies
– The Magistrate conducting the identification parade of an accused shall prepare a list of all dummies including the accused who form part of the parade. Such list should contain the parentage addresses and occupation of each member of the parade. The ratio of such dummies shall be 8 to 10 for one accused.

6.3 Proceedings by Magistrate
– (i) When a witness identifies a member of the parade, the Magistrate shall note in what connection he identified. A note should also be made if the witness identifies a person wrongly; in such a case it is incorrect to note that the witness identified nobody. All persons identified must be mentioned whether the identification is right or wrong. If a witness, on being called for the purpose, states that he cannot make any identification, a note should be recorded to this effect. If the accused make any complaint or statement it shall be recorded by the Magistrate, and if the Magistrate is able to decide 21 beyond doubt that the complaint is false or futile, a note to this effect should be made, but in other cases it is advisable to leave any decision as to value to be attached to the objection to the Court trying the case.

(ii) The Magistrate shall also record any statement made by witness before making any identification.

6.4 Precautions by Magistrate
– The Magistrate conducting the identification last parade shall take the following precautions:-

(i) That the witness do not see the person to be identified by them before the identification proceedings commence;

(ii) That no communication which would facilitate identification is made any witness who is awaiting his turn to identify;

(iii) That after making identification the witnesses do not communicate with other witnesses who have yet to do so;

(iv) When the person to be identified is handcuffed or is wearing fetters; and if so, whether or not other persons taking part in the parade are handcuffed or are wearing fetters, and also whether or not they are inmates of the jail.

(v) That at least two independent persons be associated in the identification proceedings.

6.5 Memorandum
– At the end the Magistrate shall append a certificate in the Form No.2 of Appendix ‘A’.

6.6 Identification list of articles
– The Magistrate holding the identification of articles recovered from the accused shall also be put for the identification by the claimant with similar articles and shall to follow the same procedure as in the case of identification of an accused and proceeding shall be recorded by Magistrate in Form No.3 of Appendix ‘A’.

6.7 Identification test claimed by accused
– When the identification test is claimed by the accused, in case where the identification of accused is disputed and is a matter of importance, the request of an accused for identification test shall not be refused. Such a request shall not be rejected 22 merely it is regarded as a measure to create delay or on the ground that some considerable time has elapsed since the witness last saw the accused and the accused may have change his appearance in the meantime.

23

7.1 Title of Case
– In every case, other than a case in which the offence alleged falls under Chapters XIX, XX, XX-A or XXI of the Penal

Code, the style and title used designate the prosecution shall be “State” and no other.

7.2 Number
– A serial number shall be assigned to each case in each

Court:-

(i) In the Court of a Magistrate taking cognizance of an offence, as soon as cognizance is taken; but if the case is at once transferred under Section 192 of the Code, it shall not be numbered as a case;

(ii) In the Court of a Magistrate receiving a case by transfer or by submission under Section 349 of the Code, or in a Court of

Session receiving a case made over under Section 193(2) of the

Code for trial, as soon as the case is received.

Provided that in case of transfer of criminal cases from the Court of one Magistrate to the Court of another

Magistrate, a new serial number shall be given showing the new number in the numerator and the old number in the denominator.

(ii) In a Court of Session receiving a case under Section 190(2) or on reference under Section 123(2) of the Code, as the case may be, is received.

The number in a regular case shall be the same as that given to it in the register of cases prescribed under Chapter XXIII of these rules for

Sessions Court and Magistrates Court respectively.

A separate series of number shall run in each Court for cases entered in the register of miscellaneous cases prescribed under these rules. Every number in this series shall be followed by the letter “m”.

24

A separate series number shall run in each Court before which proceedings are laid under Section 123(2) or to which a case is submitted under Section 347 or Section 349 of the Code. Every number in this series shall be followed by the word “referred”.

7.3 Order sheet
– Upon the institution of a case an order-sheet in the prescribed Form No.4 of Appendix ‘A’ shall be open. Upon it shall be recorded (i)every routine order passed by the Court in the case; (ii)a note of every other order passed, including every order regarding a document produced before the Court, (iii)a note of the date of each hearing and proceedings on that date. An order the reason for which requires to be recorded at length, shall not be written on the order-sheet, but only a note of the order and of the date on which it was made, shall be entered on it.

Every entry upon the order-sheet, shall be made at the earliest opportunity and shall be signed by the Presiding Officer.

7.4 General Index
– Upon the institution of a case a general index in the prescribed Form No.5 of Appendix ‘A’ shall be opened. In it shall be entered a note of every paper or document as it is brought upon the record, and also a note of ever material exhibit which is produced in evidence. When a paper is removed from the record, a note of the fact shall at once be made in the general index against the entry of that paper.

If the paper is an exhibit, a note shall also be made in the index of exhibits.

7.5 Index of Exhibits
– Upon the institution of a case an index of prosecution exhibits, an index of defence exhibits, and an index of material exhibits in the prescribed Form No.6 of Appendix ‘A’ shall also be prepared. Every document or weapon or other thing which is admitted in evidence as an exhibit shall be entered with its exhibit number in the appropriate index of exhibits, When a document or article admitted as an exhibit is subsequently rejected or returned, or otherwise ceases to be an exhibit, a note of the fact shall at once be made in the appropriate index of 25 exhibits and also the general index against the entry of that document of article.

7.6 Contents of record
– (i) The record shall include every paper in the case from the information on which cognizance was first taken to and including the warrant received back under Section 400 of the Code.

(ii) Only one side of the paper shall be used with a quarter margin and with a least one inch of space both at the top and at the bottom of each sheet.

(iii) Every application or petition shall, at the time of presentation, bear the name of the person actually presenting the same together with the date of presentation.

The Courts may accept affidavits, pleadings, applications and petitions on stout durable paper.

7.7 Impounded document
– When a document or thing produced before a Court is impounded, a note recording that it has been impounded shall forthwith be made upon it or attached to it, and shall be signed by the

Presiding Officer and such document or other thing shall not be allowed to pass out of the custody of the Court, save under a written order of the

Court.

26

8.1 Court to be open
(1) Section 352 of the Code requires that

Court shall be open to which the public generally may have access to the Criminal Court, i.e. place wherein sitting is held for the purpose of inquiry into or trying any offence, so far as the same can conveniently contain them. If the Court thinks it fit, it may order at any stage of the inquiry into, or trial of, any particular case that the public generally, or any particular person shall not have access to, or be or remain in, the court room or building.

(2) In cases relating to sexual offences, the court should, while keeping in view the principle of administering justice openly, consider the advisability of excluding persons not connected with case from the court room during the trial and in particular, when evidence to be given pertains to indecent details.

(3) Since the case of kidnapping and abduction are of a touchy and emotional nature, the Court shall wherever possible, make liberal use of its powers as contained in proviso to Section 352 of the

Code and hold its sitting for the trial of such cases in camera so as to facilitate the course of justice.

8.2 Petition in writing
– All complaints, applications, appeals shall be in writing by any means including electronic generated document or typed by the person himself or by the Officer of the prison where the party is in prison, or by a clerk where the party is an Officer of a public body or of

Government or by as licensed petition writer of the Court or shall be signed by the pleader duly authorised to practise in the Court. They shall be written or typed on clean durable foolscap paper with an inner quarter 27 blank margin and shall be divided into consecutively numbered paragraphs and shall be in English or in the language of the Court.

8.3 Motion
– Motion shall be permitted to be made orally only in matters of routine or indulgence or in the matters wholly with the discretion of the Magistrate or Judge.

8.4 Affidavit
– Affidavit shall be sworn or affirmed before any

Magistrate or before any duly authorized Officer of the Court required for immediate use of the Court for which no stamp duty is to be levied. Where the declarants are personally known to the attesting Officer of the Court, the fact shall be stated in the attestation. The affidavit shall otherwise be attested also by some person such as a pleader’s clerk or pleader who personally knows the declarant and is personally known to the attesting

Officer of the Court. Officers empowered under section 539 of the Code are not to administer oaths in cases which do not pertain to their Courts.

8.5 Vakalatnama
– (a) Vakalatnama shall be filed by all pleaders, as defined in the Code, appearing on behalf of any party in all classes of cases, including appeals and revision or miscellaneous applications, in all Courts

Provided that no Vakalatnama shall be necessary in the cases of (i)a public prosecutor appearing on behalf of State. (ii)a pleader appointed by the Court in any case to defend persons who are too poor to engage counsel for themselves. (iii)a pleader appearing as amicus curiae, (iv) a pleader engaged to plead on behalf of any party by any pleader who has been duly appointed to act as a pleader on behalf of such party.

(b) When a pleader who has filed a Vakalatnama for a party wishes to withdraw his appearance, he shall serve a written notice of his intention to do so on his client at least seven days in advance of the case coming up for hearing before the Court. Leave of the Court to withdraw appearance may also be applied for if the client has instructed the pleader to that effect. The pleader shall file a note in 28 writing requesting the Court for permission to withdraw appearance shall also file along with the Note the letter of the client instructing him to withdraw his appearance or a copy of the intimation given to the client as above together with his written acknowledgement by the client. The Court, if it is satisfied that no inconvenience is likely to be caused to the Court or the client, may permit the pleader to withdraw his appearance.

8.6 One pleader to be heard
– Not more than one pleader shall be heard on behalf of each party,

Provided that opening addresses and replies may be made by different pleaders. Written Arguments should not be permitted.

8.7 Framing of Charge
– (1) The Judges and Magistrates shall devote their personal attention to framing of changes and see that the charges are framed correctly and give all the necessary particulars as prescribed in Section 221 and 223, 233 to 236 of the

Code, the charge is of considerable importance as it enables the prosecution to know precisely what facts they have to prove and also gives notice to the accused of the case, which he has to meet. The

Form in which the charges should be framed is Form No.28 in

Schedule –V of the Code.

(2) Where an accused person is charged with a number of offences, there shall be a separate head of charge for each separate offence alleged to have been committed by him.

(3) Where several persons are tried together for different offences committed in the course of the same transaction, there should a separate head of charge for each of these offences.

(4) Where five persons or more are charged with committing an offence it would ordinarily be desirable to frame charges in the alternative, both under section 34 and section 149 of the Pakistan 29

Penal Code. An alternative charge may also be framed against the accused, who are alleged to have committed the particular act constituting the offence.

(5) In prosecution for giving false evidence under Section 193,

194 and 195 of the Penal Code, the particular statements alleged to be false should invariably be set out in the charge, to enable the accused to understand fully the offence with which he stands charged.

8.8 Oath and Affirmation
– Oaths and Affirmation shall be administered to witnesses in the following forms:-

(1) Muslims shall be required to repeat the following words:-

“I swear by Al-Mighty Allah that the evidence, I shall give before the Court in this case, shall be the truth, the whole truth and nothing but the truth, and that I shall conceal nothing from the Court and that if I say anything which is untrue or conceal anything the wrath of Allah may fall on me.”

(1) Hindu shall be required to repeat the following words:-

“I swear in the presence of Al-Mighty God that what I shall state shall be the truth, the whole truth and nothing but the truth.”

(3) Christians shall be required to hold the New Testament in their right hand and to repeat the following words:

“I swear that what I shall state shall be the truth, the whole truth and nothing but the truth.

So help me God.”

(4) Parsis shall be required to repeat with their shoes on their feet and their right hands on the open Zend Avesta the following words:-

“I swear in the presence of Al-Mighty God that what I shall state shall be the truth, the whole truth and nothing but the truth. Manasni,

Ganvasni and Kunasni.” 30

(5) Jews shall be required to hold Hebrew Testament in their right hand and to repeat the following words:-

“I swear that what I shall state shall be truth, the whole truth and nothing but the truth. So

Help me God and he and she shall be required to kiss the book.”

8.9 Interpreters to be administered oath
– Oath shall be administered to Interpreters in similar form with substitution of the words:-

“I will well and truly interpret and explain all questions put to and evidence given by the witness”

8.10 Recording of evidence
– All Judges and Magistrates shall in the examination of complainants, witnesses and accused persons, record, in each deposition statement or defence, the following; particularly, which are indispensably necessary for the further identification of the parties examined, viz., the name of the person examined, the name of his or her father, and, if a married woman, the name of her husband, his or her surname, his or her profession, age and the residential address in Form

No.7 of Appendix ‘A’.

8.11 Evidence by conferencing
– The Court while conducting the trial may record the evidence through video-conferencing, in appropriate cases. The evidence so recorded would be fully met the requirement of

Section 353 of the Code.

Provided that besides the standard video-conference facility, the accused shall be facilitated with a separate audio link with head-phone to his counsel for the purpose of instructions.

The audio and video of the evidence shall be recorded and kept in store for the period admissible under the rules. The recorded evidence shall be made available to the Court to be replayed as and when required by it.

The parties may obtain copy of audio recorded on payment of prescribed fee.

31

8.12
The rules of Chapter XIX shall be mutatis mutandis apply to such audio and video with regard to production, preservation etc.

8.13
(1) Subject to the statutory alternatives in the matter of recording evidence as contained in Section 355, 356 and 364 of the Code as far as possible, the Sessions Judges and Judicial Magistrates should record memorandum of evidence in English in all cases and proceedings.

(2) The provision of sub-section (3) of Section 355 of the Code according to which the evidence of each witness shall be taken down or cause to be taken down the whole of the evidence in the form of narrative

(3) While Sessions Judges and Magistrates may only make a memorandum of the substance of the deposition of each witness, they should take care to see that all answers given by him are recorded in the vernacular language, provided of course that they are relevant and admissible in evidence. They should compare the memorandum of substance of the deposition made by them with the deposition recorded in the vernacular language when it is read out in open Court and see that none of the statements contained in the memorandum are omitted from the record of the deposition made in the vernacular language.

(4) The memorandum should be made and the deposition should be recorded, so as to leave a quarter margin on each margin on each page so as to facilitate bindings of the record.

8.14 Vernacular depositions
– The deposition in a vernacular language and the memorandum of the substance thereof taken down by the

Sessions Judge or Magistrate, shall bear the same exhibit number. There shall not be a separate series of exhibits for deposition; all the exhibits; including depositions should be made in one series.

8.15 Demeanour of witnesses
– The Presiding Officer shall make a note about the demeanour of a witness in the deposition recorded by him when such demeanour is noteworthy and is likely to affect his estimate of the value of the evidence given by the witness.

32

8.16 Seriatim evidence
– The evidence given by each witness shall appear in one place, and shall not be scattered at intervals through the record. When a witness is, for any reason, recalled and further examined after the close of his original deposition, such further examination shall appear as a continuation of the original deposition.

8.17 Evidence with reference to maps and places
– The evidence of a witness, with reference to a map or plan shall be recorded in such a way that the places mentioned by the witness are easily identifiable on the map or plan.

8.18 Variations in description of individual
– It is frequently happens that the same individual is known by more names than one. Sometimes only the surname, sometimes only the name of the caste, or occupation of the individual is mentioned or he is spoken of by a nickname, such as

Baba Ladla, Langra, Kankatta, Baba, Kalia, Bapoo, Papoo, Waja, Jani,

Noori, Pahari, Kana, Tappi, etc. Such variations in description require explanation to render them intelligible to an appellate Court. A court of first instance shall therefore, take care not only to ascertain, but to make clear by evidence duly recorded, the identity of any individual who is so referred to under varying appellations and if such an individual is an accused person, his name and serial number according to the charge sheet should be cited.

8.19 Original public record
– The original public records shall not ordinarily be admitted in evidence, where certified copies are obtainable and will answer the required purpose. When the originals are required, the requisition shall state clearly the time and place but should not ask for production. The requisition shall be signed and sealed in the same way as a summons. Due regard shall in all cases be had to privilege from disclosure of official communication and affairs of State.

8.20 Marking of exhibits
– (i) Every document, weapon or other article admitted in evidence before a Court be clearly marked with the number it 33 bears in the general index of the case and the number and other particulars of the case and of the Police Station.

(ii) The Court shall mark the documents admitted in evidence on behalf of the prosecution with the letter ‘P’ followed by a serial number indicating the order in which they are admitted thus; Exhibit P-1, P-2, P-3, etc.

And the documents admitted on behalf of the defence with the letter

‘D’ followed by a numeral, thus Exhibit D-1, D-2, D-3 etc.

(iii) In the same manner every material exhibits admitted in evidence shall be marked with numerals in serial order thus, Exb-1, Exb-2, Exb-3 etc.

(iv) All exhibit marks on documents and material exhibits shall be initialled by the Presiding Officer.

(v) No document or material exhibit which has been admitted in evidence and exhibited shall be returned or destroyed until the period for appeal has expires or until the appeal has been disposed of, if an appeal be preferred against the conviction and sentence.

(vi) Documents or material exhibits which have not been admitted in evidence should not be made part of the record, but should be returned to the party by whom they were produced.

8.21 Proof of Statements, under section 161 of the Code
– (1) When a statement recorded under Section 161 of the Code is used in the manner indicated in Section 162 of the Code, the passage which has been specifically put to the witness in order to contradict him shall first be marked for identification and exhibited after it is proved.

(2) The method of proving such a statement is to question the

Investigating Officer, who had recorded the statement whether the passage marked is a true extract from the statement recorded by him.

(3) When a statement recorded under Section 161 of the Code is used to contradict a witness, the specific statement put to the witness shall be set out accurately in the record of the deposition of the witness.

34

(4) Omission in the statement recorded under Section 161 of the code, shall if denied by the witness, be proved by questioning the Investigating

Officer whether the witness had made the statement which he says he had.

8.22 Examination of Accused
– (1) Object of the examination of the accused person under Section 342(1) of the Code is to enable him to explain any circumstances appearing in the evidence against him. The examination shall strictly be limited to this object. The examination of accused cannot be used for the purpose of adding to the evidence against him, and no attempt should be made to cross-examine the accused and to elicit damaging or incriminating admission. Every circumstance which incriminate to tends or incriminate the accused and the material evidence against him shall be brought to the notice of the accused and he shall be asked whether he wishes to furnish any explanation in regard thereto

(2) Under the provision of Sub-section (2) of Section 340 of the Code the accused person is competent witness and he shall, at the end of his examination, be specifically asked to state whether he desires to examine, himself on oath as witness without which he shall not be called as a witness and examined. He may also be asked to state whether he wants to examine other witnesses.

(3) The accused shall be given the opportunity of giving such further statement as he may want to make, such statement of the accused shall conclude with a question whether he has anything else to say.

8.23 Previous Conviction
– Where the Court thinks fit to award enhanced punishment to an accused by reason of his previous convictions the said previous convictions must not only be set out in the Charge as required by Sub-section (7) of Section 221 of the Code, must also be proved, in addition to any other mode, as provided in Section 511 of the

Code if they are not admitted. The Court shall follow the procedure as laid down in Subsection (2) of Section 265-I or 245-A of the Code as the case may be.

35

8.24 Compounding of Offences
– In granting permission to compound an offence the Court shall take into consideration all the circumstances of the case bearing in mind that the offence is punishable not only for the satisfaction of the injured person but, also to protect society by deterring others from committing similar offences. The relationship between the parties, the stage at which the composition is sought, the prevalence of crimes of the nature sought to be compounded, or other circumstances which should be taken into consideration.

8.25 Judgments
– (1) The arguments shall be heard after the conclusion of the evidence and the judgment shall be announced in open

Court as soon as possible, with due notice to the parties. There shall be prompt hearing of arguments after the recording of evidence is over and judgements shall be delivered soon thereafter.

(2) At the head of every written judgment, the names of all the accused persons shall always be set out, together with the numbers by which they may respectively be referred to the Court in the course of the judgment.

(3) The judgment shall be in the English language and be divided into consecutively numbered paragraphs of a reasonable length, and their sub-division into sub-paragraphs should be avoided. This is mainly to facilitate reference to any particular portion of the judgment during the arguments in the appellate or rivisional Court.

(4) The opening paragraph shall state briefly the nature of the offence with which the accused is charged.

(5) The next paragraph or two shall state briefly the prosecution case and defence, clearly distinguishing between what is admitted and what is not. Matters like the relative position of places and villages and distance between them and how the parties and witnesses are related to each other should be indicated, where such details are necessary for a clear understanding of the case.

(6) The points that rise for decision shall then be dealt with one by one, marshalling the evidence for and against considering the arguments, and 36 giving a clear finding on each point. Witness shall not be referred to by number alone. The accused person, where there are two or more, shall ordinarily be referred to by their numbers. The various points should be dealt with in separate paragraphs, but some points may require more than one paragraph.

(7) Judgments shall not be prolix and repetition shall, as far as possible, be avoided.

8.26 Return of documents
– The Court shall at the end of the trial, return the documents, when no further action is likely upon such case after the expiry of all possible appeal and revision period, and if any appeal or revision instituted until after the final disposal of appeal or revision. Before the stage when no further action is required upon the case the Court may in its discretion return the document upon the application and, if so, shall ordinarily required a true copy to be substituted by the applicant.

8.27 Ascertainment of Age
– The Judges and Magistrates shall take special care to see that young persons, who are charged with an offence or against whom chapter proceeding are instituted, are not deprived of the benefit of the Juvenile Justice System, 2000 and the Probation of

Offenders Act, 1960. It is highly undesirable that young offenders or parties should be made to associate with confirm criminals. If the accused is less than 18 years of age he/she cannot be committed to the Sessions

Court for the trial, but he/she will have to be tried by Juvenile Court as provided in the Juvenile Justice System, 2000. All Courts should whenever a youthful offender or a person is produced or appeared before them, take steps to ascertain his/her age. If the age given by the Police does not appear to be correct from the appearance of the Offender or person, and if the Police or the person cannot produce satisfactory evidence regarding his/her age, the Court shall consider the desirability of sending the offender or person to the Medical Officer for the verification of the age before proceeding with the case or dealing the person as the case may be.

37

8.28 Permission to accused to sit
– The accused person shall be informed by the Court at the beginning of every trial that he may sit, if he desires to do so, and chairs or benches should, whenever available, be provided for this purpose. The accused must, however, stand up, whenever he is addressed by the Court.

8.29 Evidence from the witness box
– All witnesses shall give their evidence from the witness box. A witness shall normally stand when giving evidence, but a chair should be provided in the witness box upon which any witness may sit on receiving the permission of the Presiding Judge or

Magistrate, this permission shall be given on valid grounds, such as the witnesses health, age or the likelihood that the witness evidence will occupy a long time.

8.30. Disposal of the property – The properties marked as material objects in each case shall be disposed of at the close of each case and the disposal of such properties shall be dealt with in the last paragraph of the judgment. Properties are either valuable or value less. All valueless properties like bloodstained cloths, earthen pots, sticks, articles of a small value like broken lamps, etc, shall be ordered to be destroyed. Again valuable articles like dangerous weapons, e.g., costly spear sticks, sickles etc., shall be ordered to be destroyed. Guns, revolvers and other fire arms shall be confiscated wherever necessary to Government. If there are valuable articles in the cases which have to be returned to the parties they should be return at the close of the case and on delivery of the judgment to the parties after taking a bond in the Form No.8 of Appendix ‘A’ and a

Surety Bond in the Form No.9 of Appendix ‘A’. Only parties actually concerned with the cases shall be received from the Police after taking a receipt. Only properties which are concerned with cases actually pending shall be allowed to remain undisposed of in the Property Register.

38

9.1 Conditions for issuance of proclamation
– Proclamation shall not be issued against a person whose presence is required by a Court as a accused or as a witness unless a warrant has been issued in the first instance and the Court has reason to believe that a person against whom it was issued has absconded or is concealing himself so that such warrant cannot be executed. The proclamation issued under Section 87, must fix a date for the appearance of the person at a specified place and that date must be not less than 30 days from the date of the publication of the proclamation. It must be published in the manner specified in sub-section (2) of Section 87, and the Court should be careful to record the statement as regards the due publication of the proclamation as required by sub-section (3) of the Section. The Court may in its discretion issue an order for attachment of the property simultaneously with the issue of a proclamation. Section 88 provides for the summary investigation of claims of objectors to the attachment by the Magistrate.

9.2 Sale of property subject to speedy decay
– In case the proclaimed person does not appear within the time specified in the proclamation the property under attachment remains “at the disposal of the Government”. It can be sold at once at the discretion of the Court when it is liable to speedy decay or if the Courts consider that the sale would be for the benefit of the owner. But otherwise, it cannot be sold until the expiration of six months from the date of attachment and until the disposal of claims of objectors if any, by the Magistrate.

9.3 Interest of absconding person to be specified
– In conducting sales, the interest of the absconding person in the attachment property which is to be sold should be clearly specified so as to avoid complication in future.

39

9.4 Release of property or its sale proceeds
– If the absconder appears or is apprehended and brought before the Court within two years from the date of attachment of his property and satisfies the Court. (1)that he did not abscond or conceal himself for the purpose of evading execution of the warrant, and (2)that he had no such notice of the proclamation as could enable him to attend within the specified time, he can get the property back or its net proceeds if it has been sold less costs incurred.

9.5 Commencement of proceedings
– Proceedings under

Section 512 of the Code shall commence by evidence being taken and recorded (1) that the accused person has absconded and (2) that due pursuit having been made, there is no immediate prospect of arresting him.

9.6 Proceedings against unknown
– In case where the crime has been committed by some persons unknown and the offence is punishable with death or imprisonment for life, the High Court may order an inquiry similar to that under Section 512(1) of the Code and statements recorded in that inquiry can be used as evidence against the offender subsequently discovered.

9.7 Recording of evidence of confessor
– The confession by accused person, who have been executed implicating an absconder, cannot be used as circumstantial evidence after the execution of the confessor against the absconder, when the latter is found and placed upon his trial.

To make the evidence of such offender available in future, the proper course is to take the necessary steps under Section 512 after sentence has been imposed and before it is executed.

40

10.1
Ex-officio Commissioner –The Superintendents, Sheristedars,

Readers and Nazirs of the Sessions Court and Reader of the Judicial

Magistrate’s Court shall be Ex-officio Commissioners for taking affidavit in respect of matters and causes arisen within jurisdiction of their respective

Courts for immediate use.

(ii) The Magistrate, while administering oath to the deponent of an affidavit other than mentioned in rule 1(i) shall ensure that the deponent is a sui juris and is not subject of any undue influence, coercion, temptation or otherwise. The Magistrate, in its discretion, before taking affidavit may give time for reflections and may pass an appropriate order for safety as claimed by the deponent in the given circumstances.

Provided that such affidavit shall be entered in a separate register of affidavit as provided in rule 3 with modification, and a copy thereof shall be kept as record.

10.2 Fees
– Such fees shall be paid for the verification of affidavit to the

Ex-officio Commissioner as may be prescribed from time to time by the

Administration Committee of the Sindh High Court. Provided the fees charged by the Ex-officio Commissioner shall be pooled and to be disbursed by the orders of the District Judge. The commissioner receiving fees from a deponent shall issue a receipt in lieu of fees for the affidavit.

The receipt shall contain details prescribed under the following rule except as at (j).

10.3
Register –The Ex-officio Commissioner shall maintain a register in

Form No.3 of Appendix ‘B’ which shall contain the following particulars with respect to each affidavit sworn before them, namely;

(1) Serial number,

(2) Date and time of making affidavit,

(3) Particulars of the case which affidavit relates,

(4) On whose behalf the affidavit has been filed,

(5) Full particulars of the person who is making the affidavit, 41

(6) Particulars of the person who identified him,

(7) Fee paid,

(8) Name of the Ex-officio Commissioner before whom affidavit is sworn.

(9) Signature of Ex-officio Commissioner and remarks.

(10) Serial number of receipt issued to the deponent, and

(11) Remarks

The Register shall be open to inspection by the Sessions Judge.

10.4 Title
– Affidavit shall be entitled in the case or matter in which it is sworn or affirmed; and it shall be sufficient to state the full name of the applicant and the State.

10.5 Form
– Affidavit shall be drawn up in the first person and shall be divided into paragraphs and every paragraph shall be numbered consecutively, and as nearly as may be, shall be confined to a distinct portion of the subject.

10.6 Deponent’s description
– Affidavit shall state the name description, CNIC number, place of residence and occupation, if any, of the deponent.

10.7 Endorsement should state on whose behalf filed
– Affidavit shall bear at the head an endorsement stating on whose behalf it is filed.

10.8 Source of information to be disclosed
– (i) Affidavit shall express clearly how much is a statement of the deponent’s own knowledge and how much statement made on his information or belief and shall also state the source or ground of the information or belief with sufficient particulars.

(ii) When a particular fact is not within the deponent’s own knowledge but is stated from information obtained from others, the deponent must use the expression “I am informed” and should add

“I verify believe it to be true” if such be the case. He must also state the name and address of, and sufficiently describe for the purpose of identification, the person or persons from whom he received such information.

42

(iii) When the statement rests on facts disclosed in documents or copies of documents, procured from any Court of Justice or other source the deponent shall state what is the source from which they were procured and his information, or belief, as to the truth of the facts disclosed in such documents.

(iv) The documents referred to in such affidavit and as shall be in the possession of the deponent shall be produced in original, unless copies thereof are admissible in evidence or are permitted to be produced pending production of the original and shall bear the number.

10.9 Matter of opinion
– An affidavit stating any matter of opinion shall show the qualifications of the deponent to express such opinion by reference to the length of experience, acquaintance with the opinion is with the person or matter as to which the opinion is expressed or other means of the knowledge of the deponent.

10.10 Scandalous matters to be struck off
– The Court may order to be struck out from an affidavit that a matter which is scandalous, and may order the costs of the application to strike out such matter to be paid by the party on whose behalf the affidavit was filed.

10.11 Alterations and interlineations
– Alternation and interlineations shall, before an Affidavit is sworn or affirmed, be authenticated by the initials of the officer taking the affidavit, and no affidavit having therein any alteration or interlineations not so authenticated, or any erasure, shall, except with the leave of the Court be filed or made house of in any matter.

10.12 Attestation outside the precincts of Court
– When an affidavit is required to be sworn or affirmed outside the Court, a written request shall be made to the Presiding Officer of the Court concerned stating where the

Commissioner is required to attend and for what purpose and why is so required on such application the Presiding Officer shall unless he sees any reasons to the contrary, require an Ex-officio Commissioner to attend as Commissioner at such time as he thinks proper. Fee for attestation 43 done without the precincts of the Court shall ordinarily be paid to the

Officer making the attestation provided it is done outside the Court hours.

The Commissioner shall, before affidavit is sworn or affirmed, ask the deponent if he has read it and understood its contents. If the deponent says that he has not read the affidavit or is ignorant of the language in which it is written, or appears to the Commissioner to be illiterate, or not otherwise able to understand the contents thereof, the Commissioner shall read and explain the affidavit to the deponent in a language which he understands. When an affidavit is read and explained hereinabove provided, the Commissioner shall certify in writing at the foot of the affidavit that it has been so read or explained by him and that the deponent appeared fully to understand the same at the time of swearing or affirming the affidavit and made his signature or thumb impression in his presence.

10.13 Endorsement of Commissioner
– (i) The Commissioner shall endorse at the foot of the affidavit the date on which and, in the event of the affidavit having been taken elsewhere then in the Court house the place where the affidavit is taken, and shall sign his name and description at the end and initial at each page.

(ii). When the deponent of an affidavit is personally known to the

Commissioner, the fact shall be state in the attestation. Otherwise, the affidavit shall be attested by some other person who knows the deponents personally and is also known to the Commissioner personally.

10.14 Deponent if Parda Nasheen Lady
– When the deponent is Parda

Nasheen Woman, she shall be identified by a person to whom she is known and before whom she is a accustomed to appear unveiled, and such person shall, at the foot of the affidavit, certify that the deponent shall identify by him and sign his name thereto.

44

11.1 Application supported by affidavit
An application for an order under section 491 shall be made on an affidavit setting forth the circumstances under which the order is sought.

Provided that all communications addressed to the Sessions Court by a person in the custody of a public officer complaining of his detention or the conditions of his detention, whether supported by affidavit or not, shall be laid before the Sessions Judge for orders as applications under this rule.

11.2 Rule nisi on prima facie case
Where the Court is of the opinion that a prima facie case for granting the application is made out, a rule nisi may be issued calling upon the person or persons against whom the order is sought to appear on a day to be named therein 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 in accordance with law:

Provided that if the Court so orders, production of the body of the person alleged to be illegally or improperly detained may be dispensed with.

11.3 Search warrant
If the application for an order under clause (a) or

(b) of sub-section (1) of the section alleges that a person is confined under such circumstances that the confinement amounts to an offence, the Court may, at the time of issuing a rule nisi, also issue a search warrant, and the person to whom the warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately brought before the Court, which shall make such order as in the circumstances of the case may seem to be proper.

45

The provisions of sections 43, 75, 77, 79, 82, 83 and 84, of the

Code, shall, so far as may be, apply to such warrants issued under this rule.

11.4 Assistance to the person entrusted with warrant
If the Court issuing a search warrant under rule 3 has reasons to believe that the person to whom the warrant has been directed may not be able to identify the person confined, the Court may order a person named in the warrant to accompany the person to whom the warrant is directed, to assist him in the execution of the warrant.

11.5
Warrant to whom addressed- The writ or the warrant shall be served by the Incharge Police Station concerned, or by such other person as may be appointed by the Judge.

11.6 Order on hearing of rule
On the return day of such rule or on any day to which the hearing thereof may be adjourned, where no cause is shown or where cause is shown and disallowed, the Court shall pass an order that the person or persons illegally or improperly detained shall be set at liberty or delivered to the person entitled to his or their custody.

Where cause is allowed, the rule shall be discharged.

11.7 Procedure as to evidence to be recorded
The Court may, if necessary, in disposing of such rule, take evidence or direct a Magistrate to take evidence.

11.8 Bail pending hearing
Upon the return and production of the party on whose behalf the rule was issued, the custody of the prisoner shall be under the control and direction of the Court until the disposal of the rule.

Pending the hearing, the Court may admit the prisoner to bail or remand him to the prison where he is in custody.

11.9
Forms of warrant- The forms of warrant No.10 of Appendix-A to these rules shall be followed with modifications.

46

Appeals and Revision Applications before

Courts other than the High Court

12.1 Appeal and Revision to be registered
– The provisions of the rules relating to the numbering and the initial treatment of a case, and in particular those contained in Chapter VII shall be followed in appeal and revision applications also.

12.2 Joint appeals or applications
– Several persons complaining of an order or judgment in a criminal case affecting them all may join in one appeal or application for revision, and one copy of the judgment or order complained of shall be sufficient. The Appellate Court may, however, require separate petitions to be made by petitioners whose case are, in its opinion, conflicting. Where a joint petition is allowed, one Vakalatnama shall be sufficient.

12.3 Computation of the period of limitation
– In computing the period of limitation for an appeal or an application for revision, the day on which the judgment complained of was pronounced and the time requisite, for obtaining a copy of the sentence or order appealed from or sought to be revised shall be excluded.

12.4 Appeal against conviction to Sessions Court
(i) An appeal against conviction and sentence of imprisonment for not more than four years lie to the Court of Sessions.

(ii) On receipt of an appeal from a convicted person in jail the

Presiding Judge of the Appellate Court shall ascertain whether an appeal through counsel has also been filed on behalf of the same person, and if it is found that no such appeal has been filed the final disposal of the appeal shall be postponed till after the expiry of the period of limitation;

Provided that in any case in which the Presiding Officer on a perusal of the record considers it necessary to hear the Public Prosecutor, he shall issue notice to him without waiting for the period of limitation to expire.

47

12.5 Revision Application
(i) The powers of revision conferred under

Section 439-A of the Code shall not be exercised for the purpose of passing any order in regard to the interlocutory order passed in any appeal, inquiry, trial or other proceedings.

(ii) If an application for revision has been made by any person either to the High Court or to the Court of Sessions, no other application for revision made by the same person shall be entertained by the other

Court to which no such application for revision was made earlier. Every applicant shall make a statement in his application for revision that he had not filed a similar revision application in any Court previously in the matter.

(iii) The Revision Application shall not be entertained at the instance of the party who did not bring in an appeal though he could have preferred one under the Code, however, the Sessions Court may treat the revision application as an appeal and deal with the same accordingly.

12.6
Grounds of appeal and list of articles to be included in the

Paper Book – Unless otherwise ordered by the Court, the grounds of appeal and a copy of the list of articles produced in the Court shall be included in the Paper Book prepared in an appeal before the Sessions

Court.

12.7 Bail before Nazir
– Whenever the Court of Session directs any person to be released on bail, the Sessions Court shall order such bail be given before the Nazir of the Court or before such Magistrate as the Court may think most convenient.

12.8 Contents of Judgment
– The Judgment of the Appellate Court shall contain the points for determination, the decision thereon and the reason for the decision.

12.9 Transmission of appellate judgment to the Trial Court
– The

Court deciding an appeal or revision shall transmit a copy of its judgment to the Magistrate/Judge against whose decision the appeal or revision was preferred, or to his successor in office.

48

12.10 Paper Book
– As soon the record of a case under appeal or revision is received by a Sessions Court from the Trial Court, the Record

Keeper will arrange to get the necessary number of paper books prepared by the Copying Section.

12.11 Contents of paper book
– The paper book shall contain clearly readable Xerox or typed copies of the following:-

(i) The diary of proceedings.

(ii) List of property.

(iii) The complaint (if any) or its English translation and the charge.

(i) Deposition in English.

(ii) Statements of the accused including written statements, if any.

(iii) The judgment or order appealed from or sought to the revised.

(iv) Grounds of appeal or revision.

(v) Such other documents as the Sessions Judge by special or general order may direct to be included.

To each copy of the paper book should be prefixed by an index in the

Form No.11 of Appendix ‘A’.

12.12
The paper book not to contain unnecessary papers/documents

– Care should be taken to see that the copies are accurately made and that there is no necessary increase in the bulk of the record including pages which are practically blank or otherwise.

12.13 Translations to be initialled
– The copies of the translations should be initialled as correct by the typist and the person translating the document (if any) and the Record Keeper.

12.14 Paging
– The typed copies should bear their own independent paging and not the paging of the original record and the lines on every page should be numbered by the multiples of five as 5, 10, 15 and so on.

12.15 Number of paper book
Ordinarily, 3 copies of paper books should be prepared in all cases, one for the use of the Court one for the use of the Public Prosecutor and one for the use of the accused or the opponent, as the case may be. The Sessions Judge may order more than three paper books in any particular case.

12.16 Public Prosecutor to get paper book free of costs
– The Copies shall be supplied to the Public Prosecutor free of cost. The copies 49 supplied to the accused and other parties shall be charged at the rates mentioned in rule 17 below:

Provided that, if the defence of the accused in any case is arranged at the expense of the Government, a copy of the paper books shall be supplied free of cost to the lawyer or to each of the lawyers appointed at

Government cost in such a case and that if after the appointment of such legal practitioner the accused appoint another lawyer, the copies already prepared and given to the lawyer appointed by the Court at Government cost may not be made available to the lawyer privately appointed by the accused except upon payment of the charges prescribed in rule 17 below:-

Provided that the Court may, if in its opinion, the party is too poor to pay the cost of the paper book, order that a copy of the paper book should be supplied to such party free of cost.

12.17 Charges of paper book
– The copies of the paper book to be supplied to the accused or any party to the proceedings or his lawyers on payment shall be charged at the rate of one rupee Per 100 words or party thereof in addition to the cost of the paper which shall be 50 paisa for each sheet of foolscap size.

12.18 Extra copy of paper book
– (i) If any of the accused or parties to a proceeding desire that more than the number of copies prescribed in rule 15 above be prepared and supplied to him or them separately, he or they shall give intimation in that behalf to the Record Keeper before the expiry of one week from the receipt of the Record and Proceedings of the case from the Lower Court in the Sessions Court or such other further time as may be allowed by the Sessions Court and shall also deposit an amount or amounts sufficient to meet the costs of such extra copy or copies as may be determined by the Record Keeper. The Record Keeper shall thereafter arrange to supply such extra copy or copies each of which shall be charged as provided for in the foregoing paragraph. If the actual cost exceeds the amount of deposit, the party or parties concerned shall 50 make good the deficit and if any balance is left over from the deposit after meeting the charges of copies supplied, the same shall be refunded to the party or the parties concerned.

(ii) Where there are several accused or opponents concerned and arrangements have not been made with the office as provided in sub rule

(i) for extra copies, the accused or opponent first applying shall be entitled to get the copy reserved for him as mentioned in rule 15 on payment of the charges prescribed in rule 17. The rest of the accused or opponents shall make their own arrangements for getting copies prepared for themselves.

12.19 Procedure when sentence altered or reversed
– When a finding, sentence or order is reversed or altered in appeal, the Appellate Court shall issue a fresh warrant or order conformable to its judgment or order and notify the same in its certificate to the Court by which the finding, sentence or order was recorded or passed for necessary action.

In the following cases an abstract shall also be sent by the

Appellate Court direct:-

(a) To the Superintendent of the Jail in which the prisoner is confined, where a prisoner confined in jail has been ordered to be acquitted or released on appeal.

(iii) To the Superintendent of Jail, whereas the prisoner is on bail and is present when the judgment or order is pronounced by the Appellate Court and the Court after cancelling his bail takes him into custody and remans him to jail.

12.20
Duty of trial Court on receipt of judgment or order of Appellate or Revisional Court – The Court by which the finding, sentence or order was recorded or passed shall, on receipt of a copy of the judgment or order of the Appellate Court or an abstract therefrom, carefully peruse the same and consider whether any further step has to be taken to carry out 51 the finding, sentence or order of the Appellate Court. If any such steps have to be taken it shall pass such orders as may be necessary and shall see that they have been duly complied with. After compliance has been made the papers shall be put up before him again and he shall, after satisfying himself that the orders have been duly complied with, make an endorsement thereon to that effect before the papers are sent to the record room to be filed with the record. If no further steps are required it shall make an endorsement thereon to that effect before the papers are sent to the record room to be filed with the record. A similar procedure shall be followed by the Court when its finding, sentence or order has been reversed or altered in revision.

12.21 Order suspending sentence to be certified
– When a Court orders that the execution of a sentence be suspended, it shall certify its order to the Court by which the sentence was passed, and, if the appellant or applicant is in jail, also to the Officer Incharge of the jail for communication to the appellant or applicant, and for report that the direction has been complied with.

12.22 No judicial order by telegram
– A Court shall not issue a judicial order or communicate the purport of warrant or process by telegram.

12.23 When High Court to be informed if accused has funds
– In the case of an appeal where notice is given to the accused to show cause why the order passed should not be set aside and a sentence of death be passed, the Sessions Judge shall, while returning the notice state thereon whether the accused has funds or not to employ counsel in the High Court and also whether he proposes to employ such counsel or not. The

Sessions Judge shall also make a similar report when notice is sent by the

High Court to a convicted person to show cause why his sentence should not be enhanced.

52

13.1 Procedure on passing sentence of death
– When a Court of

Session passes a sentence of death, it shall forthwith commit the prisoner by a warrant of conviction to the jail from which he came to stand his trial, and shall submit its proceedings to the High Court with a letter within 14 days of the delivery of judgment accompanied by the following record:-

(a) The record of Session’s Court proceedings including reasons for delay in disposal,

(b) The record of Magisterial Court including proceedings if any, and reasons of delay in submission.

(c) Appeal, if any, filed by the accused.

(d) One typed copy of the Session’s Proceedings in English, and

(e) Property, if any, which the Session’s Judge considers should be forwarded to the High Court.

13.2 Procedure on passing sentence of death
– (i) When a Court of

Session submits its proceedings to the High Court in the manner laid down in the proceeding rule, it shall state whether the prisoner has funds or not to employ counsel in the High Court, and whether, the prisoner will employ counsel or not.

(ii) In all cases in which a person is sentenced to death, the Sessions

Judge should, as directed in Section 371 of the Code, explain to the condemned man that he must file his appeal within 7 days.

(iii) In criminal appeals and confirmation cases involving a sentence of death one typed copy of the Sessions proceedings or if in vernacular its translation should be despatched to the High Court within 14 days of the decision. The copy should be typed on one side of the paper.

53

(iv) After sentence has been confirmed or other order has been made by the High Court, the Assistant Registrar will forward two copies of the judgment of the High Court together with the precept and copy of the paper book and the property, if any, received from the Sessions Judge, to the Sessions Judge, who will take the steps prescribed by Section 381 of the Code to cause the sentence or order to be carried into effect.

13.3 Female prisoner sentenced to death
– When a Court of Session sentences a female prisoner to death, it shall consider after enquiry from such prisoner herself, if necessary, whether she is pregnant and if it thinks that it is likely that she is so, it shall have her examined by the Medical

Superintendent or such other Doctor as it may consider fit, and if it finds that she is in-fact pregnant, it shall made a report to the High Court. But the submissions of the proceedings to the High Court under Rule 1 shall not be delayed on this account.

13.4 Date of execution
– The date fixed by a Court of Session in a warrant of execution of a sentence of death shall be not less than 21 nor more than 28 days from the date of the issue of such warrant, unless it be otherwise directed in the order of confirmation.

13.5 If date postponed fresh warrant to be issued
– When a warrant for the execution of a sentence of death has not been executed upon the date fixed owing to the postponement of execution by the Provincial

Government Order, and is returned to the Court with a certificate to that effect, the Judge shall, if the Provincial Government has refused to interfere with the execution of the sentence of death, issue a warrant in the same form as before, fixing another date for the execution of the sentence, which shall be not more than seven days from the date of issue of such warrant.

When the sentence of death is commuted, a fresh warrant shall issue in the appropriate form as if the Court of Sessions had passed such a sentence.

54

13.6 Separate warrant to jail for each convict
– A separate warrant shall be directed to the Officer Incharge of the jail for each prisoner in respect of whom a sentence of imprisonment is passed; the warrant shall show the crime number, i.e. the number by which the case was registered and the serial number of the case, and shall bear the same that as the sentence bears. It shall state the period in words and figures and description of imprisonment; and shall be drawn up the prescribed from. It shall contain full particulars as to any sentence of imprisonment to be undergone in default of payment of fine or any period of solitary confinement ordered.

13.7 The Officer Incharge of jail to be informed of payment
– Every

Court upon receiving a payment on behalf of a person who is in jail under a warrant directing imprisonment in default of such payment shall, if the payment is received otherwise than through the jail, at once inform the

Officer Incharge of the jail.

13.8 Transmission of release order to Jails
– (i) When an order for the release of a prisoner, on bail or otherwise, is issued by a Magistrate, he shall see that it is entered in a peon book and sent to the Nazir by the time prescribed by the Sessions Court in this behalf. The Nazir shall enter in a peon book all the release orders received by him within the prescribed time and arrange to deliver them through a peon book to the Officer

Incharge of the Jail at least one hour before the jail is closed. In exceptional circumstances the order of lease may be sent to the Jail in the manner laid down in sub-rule (ii).

(ii) When an order for the release of a prisoner is issued by a

Court other than a Magistrate, it shall be entered in a peon book and may be sent through one of the Court peons to the Officer Incharge of the Jail so as to reach the Jail ordinarily an hour before the Jail is closed.

(iii) A release order should in no case be made over to private persons for delivery to the Jail Authorities.

55

13.9 Warrant to be filed after execution
– When a warrant or an order upon which a sentence is executed is returned after execution to the Court from which it was issued, the Court shall send it to the record room of the

Sessions Court to be filed with File B of the record of the case to which it belong.

56

14.1 Unclaimed Property
– (i) If the person from whom property is seized after his arrest and search under Section 51, of the Code refused to take back the property in spite of notice served upon him, or if his whereabouts are not traceable in spite of best efforts, such property shall be treated as unclaimed property for the purpose of these rules.

(ii) Similarly, any property seized by any Police Officer is reported to a Magistrate under the Code, and such property is not produced before any Criminal Court during an inquiry or trial, and such property cannot be disposed of in accordance with the provisions of section 523, of the Code shall be treated as unclaimed property for the purpose of these rules.

14.2 Production of such property
– When a Magistrate orders the production of any unclaimed property in Court or when the Police deliver such property in the custody of the Court, the police shall produce the said property with a list containing an accurate description of the property. In the case of valuable articles, such as gold and silver ornaments, their weights and other detailed descriptions necessary for the proper identification and the estimated value should be stated.

14.3 Seizure report
– The list shall be signed by not less than two respectable residents of the locality wherein the property is found, and in the event of such property being taken from the possession of any person, his signature, or thumb mark, if he illiterate shall also be taken on the list in token of its correctness.

14.4 Property to be labelled and numbered
– Property other than cash and cattle entered in the list shall, if possible, be labelled, numbered and marked with the date of seizure and the name of the person if any, in whose possession it was found. If it was not taken from the possession of 57 any person, it shall be marked with the name of the place where it was found.

14.5 Valuable to be sealed
– When the property consists of gold, silver, precious stones or other valuables, it shall be sent in a sealed packet, after being weighed in the presence of not less than two respectable witnesses. The weight shall be noted in the list, which shall be signed by the witnesses as required by rule 3 in token of its correctness.

14.6 Property to be registered
– The unclaimed property should be entered in the Unclaimed Property Register in the Form No.4 of Appendix

‘B’.

14.7 Valuable to be kept in safe/strong room
– The valuable unclaimed property should be kept in safe/strong room for safe custody if there is no proper arrangement in the Court-house for its safe custody.

14.8
The provisions prescribed in regard to the checking and verification of property shall apply mutatis mutandis to unclaimed property.

14.9 Proclamation
– A proclamation in the Form No.12 of Appendix ‘A’ shall be issued under section 523(2) of the Code in respect of the unclaimed property.

14.10 Property to be forwarded
– The Magistrate shall place the unclaimed property to the Magistrate empowered by provincial

Government in this behalf, if no claimant turns up, for disposal under section 524 of the code of Criminal Procedure, 1898, along with the property he shall forward (1)a copy of the order and (2)the list forwarded by the Police together with an extract from the Unclaimed Property

Register.

14.11 Sale of property
– Confiscated moveable property shall be sold as soon as possible after the expiry of the period of appeal or revision or after the disposal of appeal or revision, if any. The Magistrate concerned shall make proper inquiry and ascertain the fact that neither appeal not revision is filed in the matter before the property is put to auction.

58

Provided that where the property produced by the Police before a

Magistrate consists of perishable items and likely to subject to natural decay, the Magistrate, after keeping such an entry in the relevant form, immediately proceed to sell the property in the manner prescribed below.

The sale proceeds may be deposited with Nazir of the District Court, who after expiry of six months, if no claimant comes forward, shall deposit the same in Government Treasury.

14.12 Sales by whom to be conducted and how to be made
– (i) The sales shall be conducted by the Magistrate or by such other responsible person as the Magistrate may appoint in this behalf. The Magistrate shall cause a proclamation of the intended sale to be made in the language of such Court in the Form No.13 of Appendix ‘A’.

(ii) Such proclamation shall state the date, time and place of sale, and specify as fairly and accurately as possible the description of the property to be sold.

(iii) It shall also state that the bidders will have to pay the price immediately.

(iv) It shall be incumbent upon the Magistrate to fix the upset price of the articles to be sold. Valuables should be got assessed through experts.

14.13 Mode of publishing proclamation
– The proclamation shall be published by affixing a copy thereof upon the Notice Board of the District and Sessions Court, of the Court concerned, and in such other manner or mode as the Magistrate may think fit. Where the property to be sold is worth more than Rs.100,000/- and if the Magistrate so directs, such proclamation shall be published in a local newspaper after obtaining the sanction of the Sessions Judge for the cost of such publication.

14.14 Time and place of Sale
– (i) The sale shall not take place until after the expiration of at least 15 days from the date on which the copy of the proclamation has been affixed on the Court Notice Board of the

Magistrate holding the same.

59

(ii) Auction sale should be held during the Court hours and within the Court premises.

14.15 Adjournment or stoppage of sale
– The Magistrate may in his discretion adjourn the sale to a specified date and hour by recording his reasons for such adjournment.

14.16
Restriction on bidding or purchase by public servant or by officers – No public servant and no officer or other person having any duty to perform in connection with any sale shall, either directly or indirectly, bid for, acquire or attempt to acquire any interest in the property sold.

14.17 Sale how to be conducted
– (i) Proceedings of the sale shall be written in the prescribed Form No.14 of Appendix ‘A’.

(ii) If covenant, the property may be sold by lots. Valuable articles, however, should not, as far as possible, be auctioned in lots.

(iii) Sale shall be confirmed in the name of the highest bidder unless Magistrate thinks that the bid offered is grossly inadequate, in which the case property shall be put to sale again.

(iv) The price of the articles shall be paid at the time of sale.

(v) The officer conducting the sale shall pass a receipt for the price paid and then hand over the property to the purchaser.

(vi) If the price is not paid, the property shall be re-sold.

14.18 Defaulting purchaser answerable for loss on resale
– Any deficiency in the price resulting upon such resale shall be recoverable from the defaulting bidder, and if he fails to make good the same, the same may be recovered by issuing distress warrant against him.

60

Certified copies

15.1 Application for certified copies
– (1) Parties to any proceeding may, on application to the Court having the custody of the record, obtain certified copies of any judgment, order, deposition, memorandum of evidence, or any other documents filed in the said proceeding. The application may be made by the party himself or by his recognized agent or by his Pleader or Advocate and may also be sent by post.

(2) Where a party applies for a certified copy by post other than registered post, the date of its receipt by the office of the Court would be the date of the presentation of the application. Whenever such application is made by registered post, the same shall be prepaid for acknowledgement and the date of posting of the letter would be the date of presentation of the application to the Court.

15.2
Application for certified copies, by non party to the proceedings – Applications for copies by parties other than parties to the proceedings shall be supported by an affidavit stating the purpose for which the copies are sought.

15.3 Scrutiny of the application
– On receipt of an application, the office shall immediately scrutinize the application with a view to ascertaining the correct number of the proceeding, names of the parties, description of the document, copy of which is applied for, and whether the documents is available for copying.

15.4 Costs to be estimated
– The office shall estimate the costs of the copies before the copying work is undertaken. The estimate should, as far as possible, cover all probable costs of the copies including the postage, if the copies are required to be sent through the agency of post.

15.5 Deposit of estimated costs
– The applicant shall be called upon to deposit the estimated costs of the copies applied for, and make up other deficiencies then and there only, if his presence is available in the 61 office. In other cases, the orders of the Presiding Officer shall be obtained requiring the applicant to comply with the necessary requirements before the copying work is taken in hand.

15.6 Order on application
– As soon as the office find that the application is complete in all respects, it shall be placed before the

Presiding Officer who may either grant the application, or refuse it for reasons to be recorded thereon, or pass such other orders as he may deem just.

15.7 Copy to be furnished within specified time
– Copy shall be furnished within 10 days of the application, if the application is complete, on the day on which it is presented, unless further delay is unavoidable, in which case the cause of delay shall be endorsed on the copy. In other case, the period of 10 days shall be computed from the date on which the application is granted.

15.8
All copies should be correct and typed or made through photo copier with good ink, on substantial paper and on the outer three quarters margin only of sheets of foolscap papers, the inner one-quarter margin of every sheet being left blank.

15.9 Costs
(1) A flat rate of Rs.1.50 per page for ordinary copy and

Rs.2.50 per page for urgent copy shall be charged per page or per manuscript page of certified copy inclusive of copying, comparing and paper costs (irrespective of whether the document be in English or in vernacular language.

(2) In case of a copy of a map or plan, the charges for copying, comparing and paper costs shall not be less than Rs.5/- and shall not exceed Rs.25/- as the Presiding Officer may determine.

(3) (i) Certified copy prepared on Photocopying Machine shall be charged at the rate of Rs.1.50 per page.

(ii) Urgent certified copy prepared on Photocopying Machine shall be charged at the rate of Rs.2.50 per page.

62

(iii) Charges for certified copies prepared on Photocopying

Machine shall be at the same rates as specified above whether document be in English or in vernacular language,

15.10 Application by more than one person
– Where more than one applicant applies for single copy of the same document, each should be supplied, at full rate with an original, not a carbon copy. But if one person applies for more than one copy, he shall, on request be given photocopy

(in addition to the original copy at the full rate) up to a maximum of five, th and should be charges 1/4 of the fee prescribed in rule 9 above. The paper charges shall be the same for both copy and original copies.

15.11 Endorsement on certified copy
– The following endorsement shall be made on every copy of the document:-

The date on which the copy was applied for;

The date on which the application was granted;

The date of notice given to the applicant for taking delivery of the copy.

The date on which it was ready for delivery.

The date on which it was delivered/posted;

To prevent unauthorized alterations being made the date should be written in letters in distinct hand writing and the endorsement should be signed by some authorized Officer of the Court on the date on which it was made.

15.12 Simple copies
– Simple copies of any documents on the record of a proceeding may be certified as true copies upon an application made in that behalf:

Provided that the copies sought to be certified are typed neatly and on good paper, and otherwise, in conformity with the instructions laid down in rule 10 above; and provided further that the applicant pays the fees herein prescribed for regular certified copies.

15.13 Copies of evidence
(1) Notwithstanding anything contained in the foregoing rules where notes of evidence are taken down on a word 63 processor/typewriter to the direction of the Presiding Officer, ordinary copies of such notes of evidence be supplied on request to the parties or their Advocates, subject to the following conditions. viz:-i) they give an intimation in writing to the Court in that behalf before recording of the evidence commences;

(ii) they supply the stationery required for the purpose; and

(iii) they also pay copying charges prescribed in sub-rule (3) of rule 9.

(2) Notwithstanding anything contained in sub-rule (1) no such charges as prescribed in condition (iii) of that sub-rule shall be payable by:-

(a) complainants and accused persons who have been given legal assistance at the cost of the Government.

(b) public prosecutors and prosecutors appointed by the

Government.

(c) accused persons who are defended at the cost of the

Government.

(3) The charges so collected shall be appropriated by the stenographer or the typist who prepares the copies. He shall not use Government stationery for such copies.

(4) Notwithstanding anything contained in the foregoing sub-rule of this rule, the Court shall have power to direct that such copies be supplied to any accused person in indigent circumstances without recovering from him any charges and without requiring him to supply the required stationery. In such a case, the stenographer or the typist shall use

Government stationery.

15.14 Official translator
– Translation should be prepared by an Officer of the Court qualified for the purpose, or by a translator appointed by the

Presiding Officer of the Court.

15.15 Translation fee
(1) The fees payable for translation of any document from one languages into another for the information of the accused or the court in criminal cases, shall be two rupees for every 100 64 words or a fraction thereof, but the Court may modify the rate for sufficient reasons.

(2) If such translations are made by a person who is not a member of the establishment of the court or by a member of the establishment of the

Court, outside office hours, the fees payable in respect of such translations shall be paid to him. No fees shall be payable to a member of the establishment of the court if such translations are made by him during office hours but the fees recovered (if any) in respect of such translation shall be credited to Government.

15.16 Certification of copies
– The Clerk of the Court is the Officer appointed in every Sessions Court to certify and deliver copies of all criminal records, subject to the control of the Sessions Judge within the meaning of Article 87 of Qanoon-e-Shahadat Orders, 1984.

15.17 Application of Civil Court Rules
– Except in so far as is provided herein above, the rules and instructions contained in the Sindh Civil Court

Rules relating to the of copies and translations, shall apply mutatis mutandis to criminal Courts.

15.18 Supply of judgment
– Whenever a Court supplies a copy of its judgment fee of cost to an accused person (whether convicted or acquitted), on application, an endorsement to the effect shall be made in the Diary of the concerned proceeding.

15.19 Copying
– Copyists and translators shall be held personally responsible for the safe custody of the proceedings and documents entrusted to them by the Sheristedars and the Record Keepers. Suitable accommodation shall be provided for them in the Court building. But no account shall they be permitted take proceedings or documents outside the Court.

15.20 Register of applications
– Record Keepers shall keep a register of applications for copies and translation in Form No.5 of Appendix ‘B’ and shall execute a Bond in prescribed Form No.15 of Appendix ‘A’ for

Rs.10,000/- with one surety for a like amount as security for the copying, 65 translation and comparing fees held by them in deposit and for safe custody of papers and records.

15.21 Record Keeper to take charge of files and records
– Record

Keepers in all courts shall take charge of files entrusted to their custody and of the records of all matters ordered to be put in dormant file and all matters which have been finally determined and shall date. They shall maintain a separate dormant file and arrange the other record according to the dates of decision in annual bundles keeping Sessions cases, summary cases, other magisterial cases, Chapter-VIII (B)’ cases, Criminal appeals and miscellaneous criminal application in separate bundles. They shall similarly arrange the periodical returns and such other correspondence files as may be ordered. They shall keep a list of all record in their charge including the Government gazette in the prescribed form in the general register.

15.22 Nazir
– Nazir or where there are no Nazir the Accountant shall keep the accounts of the Sessions Courts in the same forms and as part of the accounts of the District Courts. The Sheristedars of the Magistrates’

Court shall keep the contingent and other accounts according to the

Contingent Circular of the Accountant General Sindh, Karachi and other rules in force in Financial Department.

15.23 Official record not to be removed
– No member of the establishment shall remove any official paper or record whatever from the office or Court without the special sanction of the Judge or Magistrate.

66

16.1
16.1 (i) The custody of the record –The Sessions Judge or

Magistrate shall not part with the custody of the record of case or any documents therein except as otherwise provided for in these rules.

(ii) Sessions Judge or the Magistrate shall not part with the custody of the record of a case or documents therein until the period within which an appeal or revision application can be made has expired, or until the appeal or revision application has been disposed of or unless he is directed to do so by appellate Court.

(iii) The Court may further, on an application filed in that behalf, for reasons to be recorded in writing, return any document to the applicant on the applicant giving an undertaking to produce the same whenever required to do so and filing a copy of the original document, the return of which is applied for.

16.2 Valuable documents to be placed in safe custody
– Any bonds or securities, maps, treaties, and original Sanads, manuscripts and other valuable exhibits, which form part of the case and should be placed in safer custody than the ordinary record room, and be kept in the strong room for safe custody and the fact noted on the case before the paper are filed for dispatch to the record room.

16.3 (1) Police papers to be returned after trial
– After the trial of the case is over, and before the papers are despatched to the record room, all police papers, except those which have been exhibited, shall be returned to the prosecution, after the period of Appeal or Revision

Application is over or after the decision of the Appeal or Revision

Application, if any,

Provided that the Court may return these papers earlier, if they are wanted for the purpose of any investigation.

67

(2) Similarly, documents which have been produced by parties and which are to be returned to them should be so returned before filing for the purpose of despatch to the record room.

(3) The Court may, on the application, by the party or Advocate, return the certified copy of the judgment filed along with a memo of appeal, or application for revision, after the final disposal of the appeal or application.

INSPECTION OF RECORDS

16.4 Application for inspection of record
– Inspection of the record shall be given on an application stating precisely the number of proceeding, the record of which the inspection is sought, and if the application is for the inspection of prescribed register, the description and the year of the register.

16.5 Third party inspection to state purpose
– A party to a proceedings or his Lawyer may be allowed to take an inspection of the record and proceedings of a case, whether pending or disposed of. No inspection shall be allowed to a person other than a party to the proceedings, unless the application is accompanied by an affidavit stating the purpose for which the inspection is sought.

16.6 Order for inspection of Judge
– The order for the inspection shall be made by the Presiding Officer of the Court on the application, which may be rejected, if he considers the applicant to be an undesirable person, or for some such other reasons, to be recorded in writing on the application, as he may deem fit.

16.7 Register of inspection
– An Inspection Register shall be maintained in each Court; in Form No.6 of Appendix ‘B’.

16.8 Inspection before official, during office time
– (1) The inspection of records shall be taken in the office at such time within the office hours and subject to such conditions as the Presiding Officer may prescribe for 68 the safety of the records and in the presence of such official as the

Presiding Officer may direct.

(2) The Official supervising the inspection of a record shall see that no alteration are made in it or papers abstracted, and that it is returned in its original condition when the inspection is over. None other than the applicant himself shall be allowed to inspect the record and to make notes or copies there from by pencil no pen shall be allowed. It should be seen that the inspection is ordinarily completed, and the record return within the office hours fixed by the Presiding officer for inspection of the record.

(3) If the applicant fails to take inspection on the day on which the inspection is allowed to be taken, the order granting the application shall lapse, and no further inspection shall be allowed without a fresh application.

MAINTENANCE AND DESTRUCTION OF RECORDS

PART I

Papers forming Part of Court Proceedings

16.9 When record of the proceedings to be despatched
– The record of a substantive criminal proceedings should not be considered due to despatch to the record room until the expiry of the period of appeal or revision application and, if any appeal or revision application has been instituted, until the disposal of the appeal or revision application,. As a matter of precaution, the records of all cases should be kept intact in the sequence of the serial numbers of the institutions, for two months beyond the period of appeal or revision and then put up for filing orders of the

Presiding officer.

16.10 (i) Classification of record
– After the passing of the filing order in any case, the record shall be classified and listed as ‘A’, ‘B’, ‘C’ and ‘D’.

(ii) Arrangement of the record according to this classification is required to be made to simplify the task of maintaining the record in the record room according to the periods for which they are required to be preserved as prescribed below.

69

16.11
The classification of the record to be done in the following manner.

(1) The papers, which are required to be preserved permanently, such as Judgment in trials held before the Court of Session and the Appellate Court should be marked ‘A’.

(2) The papers which are semi-permanent in nature, such as judgments of Court, other than the Sessions Court, should be marked ‘B’.

(3) The papers which have a bearing on the merits of the case, but which are not to be preserved for a long time, such as depositions, documents produced in evidence which are not required to be returned to the parties confessions statements of the accused, etc., should be marked

‘C’.

(4) The papers having no bearing on the merits of the case, such as Vakalatnamas, remand orders etc., should be marked ‘D’.

(5) The papers in List ‘A’ shall be preserved permanently.

The papers in List ‘B’ shall be destroyed after 10 years.

The papers in List ‘C’ shall be destroyed after 5 years.

The papers in List ‘D’ shall be destroyed after one year.

(6) The period prescribed above for the destruction of the record shall be computed from the date of the final decision of the case in the trial

Court when no appeal or revision application has been filed, and from the date of the final decision of the Appellate or Revisional Court when an appeal or a revision application has been filed.

LIST ‘A’

(1) Judgment in trials held before a Court of Sessions

(2) Such papers in cases of historical or scientific value, as, in the opinion of the Sessions Judge, should be preserved permanently.

LIST ‘B’

(1) Judgments in all Courts, except judgments in the trials held by the Sessions Court and except judgments in cases tried summarily in which no appealable sentence has been passed.

70

(2) Final order (including orders as regards the disposal of property, orders permitting withdrawal or compounding of cases and orders for payment of compensation and costs, but excluding final orders in non-cognizable cases decided on admission of the caused).

(3) Deposition of witnesses.

(4) Warrants of commitment to jail issued by the Sessions Court and warrants returned after execution of sentences in Sessions Cases.

(5) Copies of orders on petitions for mercy in Sessions cases and papers connected therewith.

LIST ‘C’

(1) Roznamcha.

(2) Complaints and verifications, including those dismissed under section 203 of the Code.

(3) Orders sanctioning prosecutions.

(4) Charges and pleas of accused.

(5) List of exhibits.

(6) Depositions.

(7) Confessions and Statement of accused.

(8) Documentary Exhibits, or copies of those returned.

(9) Bonds taken from the accused for keeping peace or for good behaviour.

(10) Papers of Police inquires held on orders of a Magistrate

(11) Reports of Police Officers asking for B and c summaries and orders passed thereon.

(12) Registers excluding final orders of cases tried summarily.

(13) All papers of appeals and revision proceedings in Sessions

Courts except judgments.

(14) Charge sheets.

(15) Papers of appeal in regard to recovery of fines.

(16) Copies of judgments and orders of appellate courts communicated to the lower Court.

71

(17) Warrants of commitments issued by Courts other than the

Sessions court and warrants returned to such courts after execution of sentence.

(18) Petition for withdrawing or compounding cases.

(19) Final orders in non-cognizable cases decided on admission of the Accused

LIST ‘D’

(1) Vakalatnama and memos of appearances.

(2) Remand orders including those passed by other Magistrates under section 167.

(3) Police papers and reports other than those referred in List

‘C’.

(4) Papers subsidiary to orders sanctioning prosecutions.

(5) Bail papers and bonds, including appellate orders as to bail.

(6) Summons, warrants, search warrants, proclamations, executions of processes, and all other papers under which attendance of witnesses and accused was obtained.

(7) Commissions for examination of witnesses and returns thereto.

(8) Applications for copies of decisions, adjournments, etc.

(9) Notices of appeals received from the Jailor.

(10) Writs calling for papers in revisions or appeals or copies thereof (if retained with case papers).

(11) Intimations of results of appeals and revision applications.

(12) Any correspondence as to sending of cases and despatch of papers of appeals, etc.

(13) Papers and orders as to transfer of case from one Court to another.

(14) Reports as to marks of violence on under trial prisoners in a case.

72

MAINTENANCE AND DESTRUCTION OF RECORDS

Papers not forming part of Court proceedings.

16.12
Papers not forming part of Court Proceedings shall be preserved in accordance with the directions given below:-

A

Registers

I. The following registers shall be preserved indefinitely:-

(i) Register of Sessions Cases

(ii) Register of Criminal Appeals in the Sessions Court.

(iii) Register of Miscellaneous Criminal Application in the

Sessions Court.

II. The following Registers shall be preserved for 10 years from the expiry of the year of register.

(i) Register of cases before Judicial Magistrate,

(ii) Register of Miscellaneous Cases before Judicial Magistrate,

(iii) Dormant File Register,

(iv) Register of Chapter Cases.

III. The following Registers shall be preserved for 5 years from the date of expiry of the Registers.

(i) All the Registers prescribed in Chapter XXIII

(ii) Fine Register of the Sessions Court and Magistrate’s Courts.

(iii) Property Register.

(iv) Unclaimed property Register.

(v) Register of Copies supplied to prisoners in jail.

B

Statement and Returns

16.13
The following statements shall be preserved for 5 years from the expiry of the period for which the statement is submitted:-

I. Statements relating to the Annual Report on the Administration of

Criminal Justice.

73

II. The following Returns and Statements shall be preserved for one year from the end of the month or quarter to which the statement or

Return relates:-

(vi) Monthly Return of Judicial Magistrate (Office copies and the originals submitted by the subordinate Court to the Sessions

Courts).

(vii) Quarterly Returns of Judicial Magistrate and Subordinate

Courts submitted to the Sessions Court.

(viii) Returns of Recognizance Bonds of Sessions and Magisterial

Courts.

A

Miscellaneous Papers

.

16.14
16.14 (1). The Following papers shall be preserved for 10 years from the date specified below:-i) Instructions issued for guidance on From the date of receipt examination of accounts. ii) Reports of Enquiry Officers and final From the date of the final orders in Departmental Enquiries order

II. The following papers shall be preserved for 5 years from the date specified below:-i. Audit Notes and Objection (Not From the date of receipt containing instructions for guidance). ii. Office copies of replies or From the date of such explanations to Audit Notes and replies or explanations. Objections iii. Office copies of the Consolidation From the date of despatch. Statement of fines sent to the Accountant General iv. Complaint against the Police about From the date of the receipt torture or ill-treatment not resulting of the complaint in criminal trials. v. Letter from superior Courts calling From the date of report or for reports explanations and office explanations. copies of the reports or 74 explanations submitted to the superior Courts. vi. Inspection Reports and Memos From the date of the and office copies thereof. Inspection report. vii. Statements, deposition and other From the date of the final records of Departmental Enquiries order. (other than reports of Enquiry Officer and final orders) viii. Correspondence and office copies From the date of the of correspondence relating to disposal of the subject to administrative subjects such as which such correspondence buildings, accommodation, relates strength of staff, etc.

. 16.14 (2). The following papers shall be preserved for one year from the dates specified below:-i. Correspondence and office copies From the date of despatch correspondence relating to of paper books. preparation of Paper Books in proceedings Before Appellant and Revisional Courts. ii. Office copies of Intimation of From the date of despatch Recovery of Fines. of the intimation. iii. Receipt books of payments After the checking of the received and disbursed in accounts by the Head office Sessions and Magisterial Courts. and Auditors. iv. Original Fines Statements sent to From the date of despatch the Sessions Judge for of the Consolidated Consolidation Statement. Statement. v. Office copies of Fines Statements From the date of despatch. sent to the Sessions Judge for consolidation. vi. Remarks of the High Court and From the date of receipt. Sessions Judge on Magisterial Returns. vii. Correspondence and office copies From the date of the order of correspondence in regard to despatching such persons to accommodation of Young the institutions concerned. Offenders and lunatics in Reformatory Schools or Lunatic Asylums. viii. Other Miscellaneous From the date of disposal of correspondence. the subject to which such correspondence relates 75

16.15
(i) The inspection notes and replies to the questionnaire prepared by the District & Sessions Judges or Inspecting District Judges for being forwarded to the High Court be destroyed after three years from the date of their full compliance.

(ii) Inspection Notes and important correspondence made on the basis of Inspection Notes which have entailed administrative representation, departmental enquiry or proceedings may be preserved as permanent record.

MAINTENANCE AND DESTRUCTION OF RECORDS

General Rules

16.16
Each of the lists A, B, C and D shall be checked to see that all the papers on the record have been properly marked and kept in appropriate place. Each list shall be separately paged and indexed.

16.17
All the papers pertaining to any particular case shall be kept together in one bundle. th

16.18
The Presiding Officer of the Court shall, on or before the 30 day of each month, forward to the Record Keeper of the District Court the records of all cases, which have become due for despatch to the Record-room, in prescribed Register.

16.19
Before forwarding the record of cases to the Record Keeper of the

District Court, it shall be carefully examined that the amounts deposited in such matters are disbursed or orders have been issued to disburse them.

Similarly, it shall be carefully seen that the orders regarding the disposal of property are noted in Criminal Case Register and property Register and full names and addresses of the persons to whom they are ordered to be returned are noted in the Property Register.

The Clerk of the Court shall personally check that the above requirements are fulfilled and shall record a certificate of having checked, in the list prescribed in paragraph below.

16.20
The record shall be forwarded with the Register in the Form No.1 of

Appendix ‘B’ of Chapter 3 Rule 8.

76

16.21
The Record Keeper of the District Court shall, after comparing the

Register sent under the preceding rule with the records, make an endorsement which shall be duly signed by him:-

“All cases in this Register have been examined by me and the number of cases as stated in Columns 4 and 5.”

The Record Keeper shall then note in Column No. 12 opposite each case in which he has checked punching of the stamps.

“Checked punching of Stamps”. And he shall initial such note.

A true copy of the endorsement made by the Record Keeper shall be sent by him to the Presiding Officer of the Court so as to reach him before the next batch of records is due to be sent.

16.22
The provisions of rules 312 to 317 (both inclusive) of Chapter XVI of Sindh Civil Court Rules relating to the arrangement of records in the record room shall apply mutatis mutandis to criminal cases. The Sessions

Judge may give such further orders and may prescribe such additional forms as may be found necessary but not inconsistent with the said provisions for proper arrangement of the records in the Record Room and to facilitate ready finding of any papers from the records when required.

16.23
The instructions as to inspection of the Record-room and the procedure as to the destruction of the record prescribed in the Sind Civil

Court Rule for Civil Records shall apply mutatis mutandis to the records in criminal cases.

77

17.1 Statement to be prepared
– The Statements prescribed in the following rules, except those prescribed in rule 6, shall be prepared in the office of each Judicial Magistrate for their own Court to be sent to the office of Sessions Judge of the District.

All such statements except those referred to in the rule 6 shall be collected in the office of Sessions Judge concerned who shall on the date fixed therefore, forward them to the High Court in accordance with the directions given in these rules.

17.2 Intimation of Statement be blank
– When any return or statement required by these rules to be separately submitted in blank, intimation as to it shall be sent to the High Court on small piece of paper. In no case should a blank form of return be submitted in such cases.

17.3 Sessions Statement
– A sessions statement in the prescribed

Form No.16 of Appendix ‘A’ shall be prepared every month by the

Sessions Judge of the District, showing sessions trial concluded or pending at the end of the month in his Court and in the Court of other

Additional Sessions and Assistant Sessions Judges in the District. It shall be certified by him to be a full and correct list of all cases disposed of during the month as well as those pending at the close of the month. The

Additional Sessions and Assistant Sessions Judges shall send the statement prepared by them to the Sessions Judge while the letter shall despatch the statements prepared by him along with those send to him by the Additional and Assistant Sessions Judges, if any, to the High Court not later than 15th day of the month following that to which they related.

These statements shall be accompanied by copies of judgment in all decided cases bound together with an index showing the number of cases, name of the Presiding Officer and an appropriate reference to the page or pages where the judgment is to be found.

78

17.4 Monthly statement
– A monthly statement in the prescribed Form

No.17 of Appendix ‘A’, shall also be submitted by the Sessions Judge showing state of criminal work in the District along with the one referred to above.

17.5 Quarterly statement in murder cases
– A quarterly statement in

Form No.18 of Appendix ‘A’ shall be submitted by the Sessions Judge showing the duration of murder cases decided by all Sessions Judges in th their Sessions Division. It shall be submitted on or before 15 day of the month succeeding each quarter. A brief explanation in respect cases in which there has been a delay of over a year and disposal should be given in the remarks column.

17.6 Quarterly statement of result of trial
– A quarterly statement in

Form No.19 of Appendix ‘A’ shall be submitted from each district for the first and third quarters of the calendar year. It shall be despatched by the th Judicial Magistrate to the Sessions Judge on or before the 10 day of April or October as the case may be. The Sessions Judge shall after scrutiny as he may think necessary send the statement received by him together with statement relating to his own district to the High Court on or before the th 15 day of the same month.

17.7 Annual statements from Magistrates
– The annual statements hereinafter mentioned shall be prepared in each district by the Sessions

Judges in respect of cases done by the Judicial Magistrates in their districts soon after the close of the calendar year, and shall be forwarded st by the 31 of January of each year in Form Nos. 20, 21, 22, 23, 24, 25,

26, 27, 28, 29, 30 and 31, the statistics of the Court of Sessions pertaining to that district and shall along with the statements prepared by him, th forward these so as to reach the High Court on or before the 15 day of

February:-

(i) Annual statement in Form No.20

(ii) Annual statement in Form No.21 79

(ii) Annual statement in Form No.22 showing offences reported and persons tried, discharged, acquitted, convicted and sent up by Magistrates for each offence:-

(iv) Annual statement in Form No.23 showing proceedings of

Magistrates under the Code.

(v) Annual statement in Form No. 24 concerning witnesses in all

Courts.

(vi) Annual statement in Form No. 25 showing the result of revisions.

(vii) Annual statement in Form No.26 showing the number of

Magistrates employed to dispose of criminal work.

(viii) Annual statement in Form No.27 showing the general result of trial in Magistrates Courts.

17.8 Annual statements in Session Courts
– The annual statements hereinafter mentioned shall be prepared in the Court of Sessions Judge th and shall be forwarded by the latter to the High Court on or before the 15 day of February next after the close of the year to which the statements refer.

(i) Annual statement in Form No.28 showing the number and result of trials in the Court of Sessions.

(ii) Annual statement in Form No.29 showing the proceedings in the Court of Sessions under the Code.

(iii) Annual statement in Form No. 30 showing the result of appeals.

(iv) Annual statement in Form No. 31 showing women convicted for the offence.

17.9
Draft copies of statement prepared by the Judicial Magistrates to be available for inspection by Sessions Judge – The draft copies of all statements prescribed under Rules 6 and 7 prepared by the office of the Judicial Magistrates shall be available for the use of Sessions Judge upon his written requisition.

80

17.10 Judge to leave note for annual report
– A Sessions Judge before leaving his division on transfer or otherwise, towards the end of the year, shall place on record for the information of his successor and for the purpose of annual report or minute embodying any points which he would have notice in the annual report had he stayed on to the end of the year.

81

18.1 Supervision of High Court
– The supervision by the High Court over subordinate judiciary are exercisable by (a) judicial side in exercise of appellate and revisional jurisdiction, (b) rating of their judgment and orders, (c) by surprise visit and (d) lastly, annual inspection in the line of

Questionnaire in Form No.32 of Appendix ‘A’ by the Administrative Judge as far as possible, Which shall ordinarily be taken during the month of

January and February with advance notice to the Sessions Judges and

Judicial Magistrates’ Courts selected for inspection in their Division.

18.2 Summary of information
– The Sessions Judge shall thereupon give necessary instructions for preparation of the summary of information by their own office and the office of the Judicial Magistrates in the Form

No.33 of Appendix ‘A’ with Statements A to D to be annexed with such summary of information. The Sessions Judges shall also at the close of the year promptly collect all the statistics required for the annual return prescribed for the annual administration report and shall submit the return with their report punctually by thy 1st of May each year to the High Court.

18.3 Control over Magistrates
– The Judicial Magistrates are subordinate to the Sessions Judges of the Division in which they are serving and the Sessions Judges shall have general control over all

Judicial Magistrates in his Division and their establishments.

18.4 Inspection of Magistrates Court
– The Sessions Judges in exercise of his control, shall himself inspect or cause to be inspected by an Additional Sessions Judge, every Judicial Magistrate’s Court in his

Division, as far as possible, at least once in a year.

18.5 Object of inspection
– The object of inspection shall be to maintain efficiency and to raise the standard of work in the Magisterial

Courts. The more careful the inspection shall be the higher will be the quality of work in said Courts. The inspection shall be carried out primarily to ascertain the methods of, and the practice and procedure followed by 82 the Magistrate, the manner and other proceedings before him and the way in which he supervise the work of his subordinate. Efforts shall be made to ensure that undesirable and unauthorised practices are discouraged and that the method of work are improved. When an error or a fault is detected, the way to avoid it shall be explained at the same time, and it shall be pointed out how it should have been done and why. Minor matters shall be disposed of in a personal discussion with the Magistrate but all important points shall find a place in the inspection report referred to in rule 6.

18.6 Notice of inspection
– (1) The Sessions Judge shall give due notice of the probable date of inspection to the Judicial Magistrate, who shall fill in before hand a printed Form and inspection report given in Form

No.34 Appendix ‘A’, giving so far as possible upto date information so that on Sessions Judge’s arrival there may be no loss of time in collecting information.

(2) Sessions Judge shall also carry out surprise inspections, where he so deems proper.

18.7
18.7 (i) After completing his inspection, the Inspecting Officer (this expression also includes the Inspecting District Judge) shall draw up an inspection report.

(ii) After the inspection has been done by the Judge other than the

Sessions Judge, he shall submit his report to the Sessions Judge.

(iii) The Sessions Judge shall forward two copies of inspection report to the concerned Magistrate for compliance and for his information and guidance. He should issue suitable instructions wherever he considers necessary for the guidance of the Magistrate and members of the establishment.

(iv) The Sessions Judges also, if he deems proper, circulate among all the

Magistrates in his District the instructions issued by him on any points of general importance.

83

(v) The Sessions Judges shall forward a report to the High Court in the form of the questionnaire as set out in rule 6 above with their respective answers.

(vi) The Court inspected by the Sessions Judge shall submit compliance report of the inspection note within three months after the inspection notes are received by the inspected Court for compliance.

(vii) The Sessions Judge may thereafter without previous intimation visit the Court inspected or depute one of his Additional Sessions Judges to verify the correctness of the compliance reported of the inspection note.

18.8
The Sessions Judge should issue suitable instructions for the disposal of old cases, if any, and if he finds that there are many cases pending for over six months or that the work is seriously in arrears, he should consult the Magistrate, and, if necessary, submit to the High Court his recommendations as to the best means of bringing the file under control.

18.9
It is desirable that inspection of both the Civil and Criminal Courts is undertaken simultaneously if both of them are located at the same place.

Inspection of Criminal Courts should, thereof, be done at the same time when the Sessions Judge would visit the place for the inspection of Civil

Courts.

18.10
Each Sessions Judge should report confidentially on the Judicial

Magistrate, Civil Judges and Judicial Magistrates and Special Judicial

Magistrates as follows:-st

(i) On March 31 each year on all Judicial Magistrates then serving under him. st

(ii) On March 31 each year on Civil Judges and Judicial Magistrates along with reports on Civil Judges then serving under him.

(iii) On his own transfer from a District on all Judicial Magistrates, Civil

Judges and Judicial Magistrates and Special Judicial Magistrates then serving in that District.

84

(iv) On transfer of any Judicial Magistrate, Civil Judges and Judicial

Magistrate or Special Judicial Magistrate serving under him on that individual officer: st

Provided that the report need not be sent on March 31 in respect of any Magistrate upon whom the Sessions Judge has already reported within the previous six months.

..........

85

19.1
The party producing the Digital video Disc recorded evidence shall also produce the transcript of the Digital Video Disc (referred as to D.V.D.)

19.2
The Court or its authorized Officer who is to accept the D.V.D. shall accept only such D.V.D. as are under the seal of the parties producing them.

19.3
The Court, if necessary, may send the D.V.D. to some Government or reputed private Computer Forensics Lab for verification of its originality and/or identification of tempering (if any).

19.4
The Court or such officer shall play the video in order to verify whether the transcript produced along with the D.V.D.is correct or not and endorse such verification on the transcript recorded under his signature with date.

19.5
The D.V.D. shall be kept in safe custody in a cover under the seal of the Court. In case the D.V.D. is replayed or the seal is broken for any reason the D.V.D. shall be re-sealed.

19.6
The notice of production of the D.V.D. together with the transcript shall be served on the other side through the Court.

19.7
Any Party to the proceedings may apply to the Court to play the

D.V.D. recorded.

19.8
The D.V.D. would be played within the hearing and sight of an

Officer appointed by the Court for that purpose and as far as possible in the presence of the other side or its Advocates and the officer in whose presence it was played shall certify the authenticity and shall obtain the signatures of the parties concerned or their Advocates on its transcript.

The Court on receipt of application may grant the necessary permission.

However, the D.V.D. shall be played, on many times, as the Court specifically permits the display of the same. The Court while granting such permission should bear in mind that repeated use and play of the D.V.D.

86 may affect its audibility and visibility. The Court may also permit any party to re-record the contents produced in D.V.D. in Court.

19.9
Every Court shall maintain a record showing as to how, when and why the seal of the D.V.D. has been broken and resealed. Such record shall be kept in the proceedings along with the D.V.D. and its transcript.

19.10
The D.V.D.in a sealed cover together with its transcript shall be given a separate exhibit.

19.11
In criminal cases where appeals lies to the High Court and when the record of D.V.D. is not in English, either wholly or in part, the transcript must be accompanied by an agreed or official English translation of the said transcript or part thereof, as the case may be.

19.12
In case of discrepancy or doubt, the Court may direct the D.V.D.to be replayed and the transcript record shall be corrected if the Court so directs.

19.13
While preparing the paper book for appeal to the High Court the trial Court shall include the transcript in English under Rule 11 and a copy of record referred to in Rule 12 above.

19.14
The rule as to the production, preservation and destruction of the

Court record shall mutatis mutandis apply to such D.V.D. and its transcript.

19.15
These rules shall be followed as far as possible and subject to the provision of Article 164 of Qanoon-e-Shahadat Order and Code of Civil

Procedure.

87

20.1 Licensed Petition Writers
– (1) No person other than a duly qualified lawyer entitled to practice in the Court or his clerk holding the necessary licence under the rules made in that behalf shall be permitted to prepare or write complaints, written statements, applications, list of witnesses or any other legal document within the precincts of such Court, unless he shall have obtained from the Presiding Officer of the Court a petition writers, licence, which shall be subject to confirmation by Sessions

Judge.

(2) The Sessions Judge shall in consultation with the Presiding

Officer of the Courts, fix the maximum number of petition writers to be licensed in each Court.

(3) The Presiding Officer of the Court may in his discretion issue a license in the Form No.35 of Appendix ‘A’ to selected applicants which shall remain in force till suspended or cancelled by the competent authority. Temporary licences may be issued to fill temporary vacancies.

(4) No such licence shall be granted to any clerk, bailiff or peon in the service of the Court or to any clerk of any lawyer practising in the Sessions Division.

20.2 Application for licence
– Every applicant for a licence shall produce a certificate of good character signed by two lawyers practising in the Court or other reputable responsible person known to the Presiding

Officer of the Court.

20.3 Duty of Petition Writer
– (1) Every licensed petition writer shall attend the Court daily during office hours and shall not absent himself, without leave. He shall charge such fees only as may be sanctioned by the Presiding Officer not exceeding the scale of fee prescribed in these rules to the petition writers. He shall subscribe his name on every 88 documents written by him and shall note thereon the date and the fee charges. He shall also keep a register in the Form No.7 of Appendix ‘B’ and shall show it to the Presiding Officer when required nor shall he perform any of the functions mentioned under Rule 7(2) Chapter-21 prescribed for the Advocates’ Clerk.

(2) No licensed petition writer shall act as a law tout or receive any fee for introducing clients to lawyers.

(3) No licensed petition writer shall directly or indirectly bid for any property sold at a Court sale.

20.4 Action against Petition Writers
– (1) Any person committing a breach of the provisions of these rules shall be liable to a fine not exceeding Rs.500/- which may be imposed by the Presiding Officer. The

Presiding Officer in addition to imposing fine may also suspend or cancel the licence of any petition writer who commits any breach of the provisions of the rules or who is guilty of any misconduct. The Presiding Officer in addition to imposing fine may also suspend or recommend to the District

Judge, for cancellation of the license of any petition writer who commits any breach of the provisions of these rules or has been found guilty of any misconduct.

(2) All punishments inflicted under this rule shall be inflicted by an order in writing, after giving the person affected thereby an opportunity of being heard in his defence and all such punishments shall be subject to an appeal to the Sessions Judge. No appeal shall lie from an order whether original or appellate by the Sessions

Judge.

89

21.1 Qualification of Advocates’ registered clerk
– subject to the provisions of these rules, a person shall not be qualified to be register as an Clerk of an Advocate unless he; a) is a citizen of Pakistan; b) has completed the age of 21 years; c) has passed higher secondary school certificate from a recognized Board or University, or an examination equivalent thereto. d) has proficiency in English, Urdu and Sindhi; e)

Provided that clauses (c) and (d) shall not be applicable to a person, who is already registered as Advocate’s Clerk on the date of publication of these rules in the official Gazette.

21.2 Disqualification for enrolment
– No person shall be registered as an Advocate’s Clerk; a) If he is a convicted for an offence involving moral turpitude or implying a defect of character; b) If he is undischarged insolvent; c) If he has ever been declared a tout; d) If he is suffering from any contagious or infectious diseases.

21.3 Application for registration
– (i) Any person desirous to be registered shall make an application to the competent authority in writing giving the following details:-a) Full name and address; b) Date of birth;

C) Name, complete address and enrolment number of the

Advocate who has engaged him; e) Date of engagement; f) Copies of recent passport size photograph; and g) CNIC number 90

(ii) That the applicant does not suffer from any disqualification under the rules. iii) The application shall also contain a certificate OF the Advocate who has engaged the applicant to work as the clerk, that he is honest and bears good character, and that the particulars given in the application are correct.

(iv) If on examination, the competent authority finds the application to be in order, it shall enter the name of the applicant in the register of

Advocate’s Clerk, the authority shall issue a certificate to the Clerk ended st 31 December each year subject to the renewal in Form No.36 of

Appendix ‘A’.

21.4
The competent authority shall prepare and maintain a register of

Advocate’s Clerk in form No.8 of Appendix ‘B’ in which; i) the name of persons who were working as a Clerk of the

Advocate on the date of commencement of these rules; ii) the name of persons who are engaged, after the commencement of the rules, as Clerk to Advocate shall be entered.

The register shall contain the following details of Advocate’s Clerk; a) his name and address; b) his age; c) his passport size recent photograph; d) his date of engagement; and e) the name of Advocate with whom he is engaged.

21.5 Registration fee
– (i) The application for registration shall be accompanied by fee of Rs.100/- and renewal fee of Rs.25/- shall be st payable by 31 January of each subsequent calendar year failing the competent authority shall remove the name of defaulting clerk. The fee shall be payable in the shape of non-judicial stamp paper.

(ii) When the name of the clerk has been removed from the register under the preceding rules, his name shall not be register again unless he 91 pays the renewal fee of Rs.50/- along with the arrears and an extra sum of

Rs.20/- per year for the period of default by way of penalty.

21.6 Rectification of register
– The competent authority may remove from the register the name of a person who is dead or has incurred a disqualification or who is found guilty of any misbehaviour or false declaration or fraud or suppression or misrepresentation or grossly improper conduct in discharge of his professional duties or breach of the provisions of these rules.

21.7 Functions of registered clerk
– (1) A registered Clerk shall not make any motion or advance an argument in Court nor shall he swear an affidavit as an agent of a litigant unless authorized by General or Special

Power of Attorney of the litigant.

(2) He may act in the matters of routine nature which do not require the personal attendance of the Advocate and may do the following acts, namely:-i) receiving notice on behalf of the advocate or application with whom he is registered; ii) presenting an appeal or application in office; iii) take back application or appeal filed in office if found defective or returned to be presented in Court. iv) presenting to the office an application signed by the

Advocate with whom he is registered for;

(b) Copy of document;

(c) Inspection of Record;

(d) Return of document.

(e) Inspecting record, if authorized by his master and sanctioned by Court;

(f) Depositing money and paying court-fees;

(g) Receiving paper book, certified copies;

(h) Filing Vakalatnama;

(i) Identifying person swearing affidavits.

92

21.8 Issuance of Identity Card
– (1) The competent authority shall issue an identity card to every Advocate’s Clerk entered in the register on payment of prescribed fee;

(2) The Advocate’s Clerk shall carry the identity card on his person when he visits Court or office of the Court and shall be obliged to show it to officer of the Court on demand.

(3) A person who ceases to be an Advocate’s Clerk shall surrender the identity card to the competent authority.

(4) In case the identity card is lost or mutilated a fresh identity card shall be issued on application of the Advocate’s Clerk which shall be accompanied by two recent photographs and a fee of

Rs.100/-.

21.9 Complaint against registered Clerk
– (1) Where on receipt of a complaint or otherwise the competent authority has reason to believe that

Advocate’s Clerk has committed professional or other misconduct, he shall appoint an enquiry officer to conduct an enquiry in the complaint.

(2) The enquiry officer shall, after giving a reasonable opportunity of being heard to such clerk, conduct an enquiry and submit his report to the competent authority.

(3) The competent authority on receipt of enquiry of the enquiry officer and after giving the Advocate’s Clerk concerned an opportunity of making written submissions against the report of the enquiry officer and of oral hearing, if prayed for, may pass any order more of the following order, namely:-a) removal his name from register, b) imposition of fine which may extend to Rs.500/-, or c) suspension of registration for such period as he deem fit. d) on suspension such Advocate’s Clerk shall during the period of suspension be debarred from acting as a Clerk and from doing any act permissible under the rules and shall forthwith 93 deposit the identity card with the Superintendent of District

Court.

94

22.1
The statement required by the High Court for the purpose of the complication of the Annual Report on the Administration of Criminal st Justice in the Province of Sindh shall be submitted by the 1 February each year correctly drawn up. The forms of the Statement and the instructions relating thereto (in addition to the instructions below or at the back of the forms) are set out below. The Sessions Judges shall, before submitting their statements, have them checked in the light of these instructions and assure themselves that they are correctly drawn up.

22.2
INSTRUCIONS

(I) The statement should be submitted early enough to reach the st Registrar’s Office by the 1 of February of each year.

(ii) The instruction printed on each form of statement should be carefully studied and noted.

(iii) The annual statement should be prepared in regard to both civil and criminal cases by the District and Sessions Judges.

(iv) The function of the Judicial Magistrate in relation to the annual statements should not be the compilation of the statements but furnishing the necessary information available to them to the respective Sessions

Judge to enable the latter to prepare statements.

(v) The Sessions Judges should arrange the preparation of statements in so far as cases under the Code.

Forms

Forms of the Annual Judicial Statements Nos.1,2,3,4,5,6 and

Forms A and B in Forms No.37 to 45 of Appendix ‘A’ regarding Youthful

Offenders dealt with under Juvenile Justice System Order, 2000 and

Sindh Children Act, respectively.

95

23.1 Registers
– In addition to the Registers under the rules, the following registers and Books (in the forms given in the Appendix ‘B’) should be maintained in each Criminal Court:-

23.2 Registers in Sessions Court
– The following registers shall be maintained in Sessions Courts, by such Clerks as the Presiding officer may, by written order, direct.

1. Register of Sessions Cases – (Form No.9 of Appendix ‘B’)

2. Register of Criminal Appeal – (Form No.10 of Appendix ‘B’)

3. Register of Criminal Revision Applications – (Form No.11 of

Appendix ‘B’)

4. Register of Bail Application – (Form No.12 of Appendix ‘B’)

5. Register of Miscellaneous Criminal Applications before the Court of

Sessions (Form No.13 of Appendix ‘B’)

6. Memorandum Book for Sessions and Appellate Criminal Work –

(Form No.14 of Appendix ‘B’)

23.3 Registers for Magistrates Court
– The following registers shall be maintained in the Court of every Magistrate.

1. Case Register – (Form No.15 of Appendix ‘B’)

2. Register of Chapter cases– (Form No.16 of Appendix ‘B’)

3. Register of Miscellaneous Criminal Applications – (Form No.17 of

Appendix ‘B’)

4. Register of Under-trial Prisoners in Jail – (Form No.18 of Appendix

‘B’)

5. Register of Copies supplied to Prisoners in Jail – (Form No.19 of

Appendix ‘B’)

6. Register of Miscellaneous reports and proceedings in the Court of

Magistrates in Form No.20 of Appendix ‘B’.

7. Memorandum Book for Original Work (other than Sessions Court) –

(Form No.21 of Appendix ‘B’)

8. Register of Bail Applications (Form No.22 of Appendix ‘B’) 96

23.4 Register of witnesses
– Every Court shall maintained a register of witnesses in Form No.23 of Appendix ‘B’

23.5 Register of Fines
– Each Court shall maintain Register of Fine for their respective Courts in Form No.24 of Appendix ‘B’

23.6 Registers of dormant file
– Each Court i.e. Sessions Courts and

Magistrate Courts shall maintain Dormant File Register for their respective

Courts in Form No.25 of Appendix ‘B’.

23.7 Register of Compliance and Requisitions of records
– Every

Courts shall maintain register of compliance and requisition in Form

Nos.26 and 27 of Appendix ‘B’.

23.8 Register of registers
– A register of registers in the prescribed

Form No.28 of Appendix ‘B’ shall be maintained in the Record Room separately of Sessions Courts and Magistrate Courts register.

23.9 Instructions for maintenance of registers
– (a) a new register shall commence at the beginning of each calendar year.

(b) Registers in Form Nos.9, 10, 11 and 13 of Appendix ‘B’ are intended for entering main cases coming up before the respective Courts and the registers in Form No.20 are intended for entering miscellaneous proceedings requiring judicial enquiry coming up before the respective

Courts.

(c) Registers in Form 12 and 22 of Appendix ‘B; are intended for entering Bail Applications coming up before the Sessions Courts and

Magistrates Court respectively.

(d) Proceedings forming part of a pending main case such as applications for bail, applications for discharging accused under section

169 of the Code, proceedings regarding disposal of property, etc, should not be treated as separate proceedings.

(e) Sessions Cases should be entered in the Register in Form No.9 and Criminal Appeals in the register in Form No.10; Criminal Revision

Applications in the Register in Form 11 and all other proceedings coming up before the Sessions Court which require a judicial enquiry and which 97 cannot find in the register in Form Nos.9, 10 and 11 (and which do not form part of the pending main cases entered in the registers in Forms Nos.

9, 10 and 11) should be entered in the register of Miscellaneous

Applications in Form No. 13.

(f) the following list illustrates the kinds of proceedings which should be entered in the register of Miscellaneous Criminal Applications before the Sessions Court in Form No. 13.

(i) Proceeding under Section 22-A of the Code for appropriate direction.

(ii) Proceedings under section 426 of the Code (suspending sentence pending appeal).

(iii) Proceedings under section 476 of the Code (Offences affecting the administration of justice, false evidence etc.).

(iv) Proceedings under section 480 of the Code (Contempt).

(v) Proceedings under section 485 of the Code (Refusal to produce documents or to answer questions and failure to attend in obedience to a summons).

(vi) Proceeding under Section 491(1A) to issue direction in the nature of “habeas corpus”.

(vii) Proceedings under section 496, 497, 497(5) and 498 of the Code, arising independently of any pending sessions case or Criminal Appeal or

Revision (Bail, Cancellation of Bail, Reduction of Bail, etc).

(viii) Proceedings under section 514 of the Code (Forfeiture of Bonds).

(ix) Proceeding under section 528 of the Code (Transfer).

(x) Applications for condonation of delay in filing Criminal Appeals,

Revision, etc.

(g) In the case Register in Form No.15 should be entered all proceedings instituted before the Court of the Judicial Magistrate, whether on a complaint by a public official or a private party or upon a charge-sheet by the police and intended to punish an offender in respect of offences falling under the Penal Code or any other enactment. Thus, 98 proceedings under section 113 of the Railways Act, 1890, and proceedings under section 12 of the Child Marriage Restraint Act, 1929, etc. should be entered in this register. However, proceedings falling under the provisions of the Criminal Procedure Code mentioned in sub-paragraph (h) hereof should not be entered in this register.

(h) Proceedings instituted before the Court of the Judicial

Magistrate, which require judicial enquiry and which cannot find a place in the Case Register in Form No.15 (and which do not form part of any of the pending main cases entered or to Register of Miscellaneous Criminal

Applications in From No.17.

(i) the following list illustrates the kinds of proceedings which should be entered in the register of Miscellaneous Criminal Applications before the Court of the Judicial Magistrate in Form No.17.

(I) Proceedings under section 87, 88 and 89 of the Code not forming part of any pending “main cases’ (Proclamation of absconding accused, etc.)

(II) Proceedings under section 100 of the code (Search for wrongfully confined person)

(III) Proceedings under section 250 of the Code (False, Frivolous or

Vexatious accusations.)

(IV) Proceedings under section 476 of the Code (offences relating to administration of justice, false evidence, etc.)

(V) Proceedings under section 480 of the Code (Contempt)

(VI) Proceedings under section 980 of the Code (Refusing to answer questions or produce documents and non-attendance in obedience to a summons)

(VII) Proceeding under sections 125 and 126 of the Code (Maintenance).

(VIII) Proceeding under sections 436, 437, 443 and 44 of the Code, no arising in pending main cases (Bail, insufficiency of bail, discharge of sureties, etc.) 99

(IX) Proceedings under section 512 of the Code (Record of evidence when accused is absent or unknown).

(X) Proceedings under section 514 of the Code (Forfeiture of bond).

(XI) Proceedings under section 523 of the Code (procedure in regard to property seized under section 51 of the Code or suspected to be stolen or where the owner is unknown.)

23.10
Instructions in regard to the maintenance of fine Register.

(i) when a new Fine Register is opened, fines which remained still to be realised in the previous years, and which have not been written off, shall be entered before the cases of the current year.

(ii) Entries about compensation awarded to the accused under section

250 of the Code, should be made in the Fine Register.

(iii) a statement of fines realised during the previous month should be sent at the beginning of each month to the Treasury Officer, who will return it after verification with the amount of fines remitted to the Treasury during the previous month. On return, the Judge or Magistrate should initial the total of realizations for the month of column 6 of the Register and note the fact of verification by the Treasury Officer.

(iv) the entries in column 1 to 5 of the Fine Register should be made as soon as sentence of fine is passed and the Judge or Magistrate should initial the amount in column 5. Space should be left between entries in the

Register for endorsements in the remarks column (e.g. dispatch of warrants to Police and the returnable dates), and the Judge or Magistrate should initial such endorsements when the fine is paid, the entry of realization should be made forthwith in its appropriate column 6 initialled by the Magistrate.

(v) a person paying a fine or compensation in Court should be given a receipt, the receipt and counter-foil should be signed by the Nazir in the

Sessions Court and in the court of Judicial Magistrate, by Sheristedar or

Senior Clerk in the Judicial Magistrate’s Court.

100

Provided, however, that such receipts and counter-foils shall be signed by the Judicial Magistrate himself in case no Sheristedar or Senior

Clerk is appointed for his Court.

Footnotes

This digital version of the Sindh Criminal Court Rules, 2012 is provided as-is. Although reasonable efforts have been made to ensure accuracy and avoid error, no warranty is made as to its accuracy or completeness. Consult the official sources or Gazette when legal accuracy is material.