Part-II (Civil)
PART J RULES FOR THE ISSUE OF ORDERS/ DIRECTONS UNDER ARTICLES 199 AND 202 OF THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN, 1973 AND CLAUSE 27 OF THE LETTERS PATENT.
PART I - HABEAS CORPUS APPLICATION.
1. Application for the issue of orders under Article 199 (1) (a) (i) shall be governed by rules 1 to 18 of Chapter 4-F, High Court Rules & Orders, Volume-V.*
PART II - CONSTITUTIONAL REMEDIES.
2. (1) An application under the Constitution shall:
(a) set out concisely in numbered paragraphs the facts upon which the applicant relies;
(b) mention the grounds upon which the Court is asked to make an order;
(c) state exactly the nature of the relief sought;
(d) be accompanied by an affidavit or affidavits in proof of the facts and certified copies of all pleadings, documents, orders of the subordinate court or authority or tribunal including the evidence recorded, if any, and unless dispensed with by the Court;*
(e) state whether the applicant has moved the High Court previously for the same relief and if so, with what result.
(2) The provisions of rule 1 of Chapter 1-A shall apply, mutatis mutandis, to applications seeking constitutional remedies.
3. Unless otherwise ordered by the Chief Justice the application shall be laid before a Single Bench which may summarily dismiss it or pass such order as it may deem necessary. During vacation the application may be disposed of by a Vacation Judge.**
4. Subject to the directions of the Court, notice of every application shall be served on all parties directly affected and for this purpose the applicant shall file within a week of the admitting order as many authenticated copies of the application and affidavits as there are parties to be served and the prescribed process fee: Provided that at the hearing of the application any person, who desires to be heard in opposition to the application and appears to the Court to be a proper person to be heard, shall be heard, notwithstanding that he has not been served with a notice and subject to such conditions as to costs as the Court may deem fit to impose.
5. An application under these rules may be made by the petitioner in person or through a counsel.
6. Respondents in writ petitions should be required when notices are issued, to file written statements, counter-affidavits, if any, and other documents on which they rely at least two days before the hearing.
7. All questions arising for determination of such petitions shall be decided ordinarily upon affidavits but the Court may direct that such questions as it may consider necessary be decided on such other evidence and in such manner as it may deem fit and in that case it may follow such procedure and may pass such order as may appear to it to be just.
8. The writ under these rules shall be served personally, if possible, upon the parties to whom it has been directed or in such manner as the Court issuing the writ may direct.
PART III - MISCELLANEOUS.
9. Costs shall be in the discretion of the Court in each case.
10.(i) A court-fee of Rs. 500/- shall be payable on each petition but no court-fee shall be required in case a writ is required in respect of the detention of any person by or under orders of any public authority.*
(ii) In every writ petition the petitioner shall deposit with the Treasurer of the High Court within seven days from the date of its admission a sum sufficient to cover typing and binding charges of paper books, failing which it will be liable to dismissal for non-prosecution.
10-A. A court-fee of Rs. 1000/- shall be payable on each appeal filed under the Law Reforms Ordinance, 1972, against an order passed in exercise of constitutional jurisdiction.*
11. The forms set out in the Appendix shall be used with suitable modifications wherever necessary.
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