Before looking into How to make an appeal to the Supreme Court of Pakistan, let us know what it is. The Supreme Court Pakistan which is also known as the Adalat-E-Uzma is the top court in the legal hierarchy of Pakistan. Supreme Court holds the final authority of lawful and legitimate disputes. It has a number of branches registered where cases are heard. The supreme court of Pakistan holds an eternal seat in Islamabad. The court has many de jure powers sketched out in the constitution. In the doctrine of necessity court has recognized itself to be a de facto check of military rules and legitimate deferment through several periods.
Supreme Court has comprehensive command on above all the high court’s of Pakistan including district high courts, special courts, federal courts and provincial high courts. Supreme court of Pakistan holds authority on all types of courts in addition to that it has authority on original jurisdiction on a number of cases. After consultation with the prime minister the president of Pakistan nominate the chief justice of Supreme Court along with some senior justices. The appointed justices of Supreme Court complete their designated tenure and then retire, until or unless the president removes the justice due to the misconduct of judge.
As Supreme Court of Pakistan holds the highest authority above all the courts, so a petition or an appeal could be filed by the party to the Supreme Court in person if it is desired. The procedure for making an appeal is described in the rules of Supreme Court. The Supreme Court has the jurisdiction to hear and resolve the appeals made by the judgments, verdict, sentences and final orders of a high court.
How to Make an Appeal to the Supreme Court of Pakistan
Make an Appeal to the Supreme Court of Pakistan under article 185 (2) and its clause of the constitution are made by:
- If High Court has on petition reversed an order of discharge of a blamed person and condemnation him to death or transportation from life or captivity for life or on modification, has enhanced a sentence to a sentence as above mentioned.
- if the High Court has forced any penalty on any person for disdain of the High Court; than by the punished party An application to the Supreme Court for the judgment, verdict or sentence of a High Court the case in which clause (2) does not relate shall lie only if the Supreme Court allows a leave to appeal.
- Simply no notice of motion regarding a Civil Appeal below this Orders will be entertained unless it is along with a certificate subjected by the High Court apprehensive that the case consists of a considerable question of law as to presentation of the Constitution or by a certificate as defined in Form 13 or 14 of the Sixth Schedule to the Rules.
- After the date of grant of the certificate by the high court or the date of final verdict by the high court, the request of appeal shall be filed within thirty days provided that the court may for ample cause lengthen the time.
- The petition shall set forward the appellants protest to the court’s decision and the appellant should not apart from the leave of court, advocate or be heard in hold of any other argument, but the Court, in making a decision to the appeal, and the appellant shall not be restricted to the reasons of opposition set forth in the request of appeal or recommended by the stay of the Court under the rule: given that the Court should not base its verdict on any other view except the party who may be affected has had a adequate chance of challenging the petition on that argument.
- The appeal request should be accompanied by some documents which include:
- Certified copies of the verdict and announcement or final order that is appealed against the courts:
- Certified copy of the permit approved under article 185 clause 2.
- Where that permit is not personified in the decision; and An affirmation of service of copy of the request of petition on the respondent
- In thirty days of the examiner on him of the request of appeal, a respondent can, if he requests, can file in the Court his protestation, if there are any, to the reason taken by the petitioner in his petition of plea, and to complainant’s right to elevate in the request any query other than the one bearing the inquiry of law to which the certificate narrates.
- The accountability of the parties to compensate the court-fee in the Court, unless it is ordered by the Court, the consolidation of appeals may not be affected in any form made by the high court or Supreme Court.
- The requirements mentioned in the following Orders in this component of the Rules should apply mutatis mutandis to request under this Order.
- The requirements enclosed in this Order shall be valid mutatis mutandis to the application which is filed under other laws which are in force for the time being.
- A Civil Petition for appeal to the supreme court under Article 185 clause (3) of the bill within sixty days from date of verdict of High Court.
- A Detrimental petition given in some other law should be filed in the time as provided in that law.
- A Criminal Petition for charm to the Supreme Court judge under Article 185 clause number (3) of the invoice shall be filed within thirty days from date of verdict of High Court.
- Imprisonment Petition for appeal under Rule 3, Order XXIII of the supreme Court Rules, shall be filed within a time of thirty days from date of consensus of High Court.
- Under article 203-F clause number (1) of the constitution a Civil Shariat petition could be filed in opposition to the final result of Federal Shariat in the procedures of article 203-D of the charter within a time period of sixty days from date of verdict if federal Shariat Court, it is hence decided by federal Shariat court if there is or there is not any law or conditions of law revolting the orders of Islam.
- In unlawful cases a criminal Shariat petition could be filed under article 203-F clause number (2B) of the charter within a time period of thirty days after the judgment of Federal Shariat judge.
The distressed party by the supreme courts judgments can be filed in the article 188 of the constitution under review request of the constitution shall be read along with orders of Supreme Court rules stated in 1980. Ten thousand rupees worth of cash safety are submitted as fee to the federal treasury, and its receipt is attached along with the review of appeal. In this way, you can Make an Appeal to the Supreme Court of Pakistan.