we a x 96 f/oulen iA GL pared: (BY 20. In exercise of the powers conferred by Article 202 of the Constitution of Ielemic Republic of Pekistan, 1973, read with Section 554 (2) (¢) of.-the Criminal Procedure Code, 1888, the Chief Justice and Judges of the Lahore High Court, Lahore, are pleased to make the following amendmente in the Rules and Orders of the Lahore High Court, Lahore, Volume-V, namely:— I. In Chapter 1-A(b)-- 1. In the heading as well as in this chapter for the figure “436" wherever it cccure the figure "436" shall be substituted. 2. For the existing gule 1, the following rule 1 shall be eubetituted:— "1. Every petition for Revision under section 495 snd 439 of Criminal Procedure Code shall state: (4) that no petition under the aforenentloned sections have been moved before the Court of Sessions, (ai)° the reacon for not moving the Uourt of Sessions, and other petitions connected with Judicial business of the Court ghail be presented by litigants om their Advocates by depositing them in the petition box. of the Court outaide the room of the Deputy . RegiebreriJudicial) between the working houre «8 may be prescribed from time to time. Appeals, applicatione etc., scoompanied by a Petition to treat the samo as urgent shall, however, be presented personally to the Reader to the Deputy Registrar (Judicial) on any working day before 8 a.m. but may in exceptional circumstances’ be received not tater than 12 noon, (44a) Appeal under Section 410,Ur.P.C. shall be filed within the period of limitation prescribed by law end shall be accompanied by a certified copy of the impusred judgment of the Additional Sessions dudge/Sessiona Judge. (av) Application’ made by the complainant under Section 417(2),Cr.P.C. shall be filed within sixty days alongwith the certified copies of the complaint and the impugned judgment and shall be placed before a Single Bench. In ease of acceptance of the application by the Single Bench it shall be converted into appeal and shall be placed before a Division Sench. wo Appeal under fection 417(Z-A), Cr.P.C. shall be flied by an aggrieved pereon againet the order of acquittal within thirty days and shal! be accompanied by the certizied copies of the F.I.R. and the impugned judgment. ‘This appeal shall be placed before a Division Bench in motion and further action shall be taken 1p secordance with the ordera passed by the Division Bench. 3. After the oxiating rule 3, the following rule 3-A shall be edded:- "Ora, Every application fer bail shall be accompanied by the copy of F.I.R. and the order of lower courta, if any, unless the Judge specifically dispenses therewith.’ 4. Kor existing rule 9. the foliowlng shall be substituted:- “@. In pet4tiono under asction 439, Criminal Procedure Code, againat the order of a Magistrate, in cases tried summarily and in which there are no records except entries in the Register of Summary Triale(Criminai Register No. SVI1), certified copies of the relevant entries in the register shali be cailed for, instead of the Register wlesa otherwise directed by the Court.3. In Appendix I (c) (Criminal) the following amendments shali be made:- ca For serial Nos.2,3.4,6 and 7 the following shali be qubstituted:- ey 2) be eubstituted: id) ter “2, Glgnatare of the counsel ef the appel tant/retivionsr: ie wanting. 3. The provision under which the appeal/petition haa teen filed be mentioned/corrected. AL Approved file cover be files. 6. Appes\/Petition and certified copies of Annexes are not properly indexed/paged/narked. 7 Rertidicete to be furnished as vo whether any Agpeal/Potition on the subject was previously filed. In serial "o.9 the word “case” shall be omitted. Ror serial Nos.i0, 11 and 12 the following shalt “40. Copy of Appeal/Petition has not been delivered to the Advocate General/Deputy Attorney General. a1. ‘The Appesl/Petition 1s barred, days. 12. Certified copy of _ be filed.” weriai Noe.18,14 and 18 shall be owitued. In serial Ho.16 after the word “nase” “/(8)" shall be added (£) Serlal No.17 shail be omitted (a) For serial No.16 the foilowing shall be substituted: — “48. Memorandun of partips’ names hae not been filed.”(h) Serial No.21 shall be omivted. (i) For sertal Nos.23 to 25 ard 27 to 29 the following ehali be substituted: “20. Petition should be algned by a pergon competent to do ec. 24. Cawe relates to ——-————--Beat/‘Beneh. 2d. Please epecity where the petitioner/apreilsant is confined/detained? 27. Prescribed Form of Revision‘Appeal be filed. 26, — Appeal/Fetition/Docunents be paged/ flegged/ marked. 23, riificate “compared with tae original and found correct and nothing has bean deleted, added, omitted or changed” by ‘the counsel, if engaged; otherwise by the petitioner be given on every better copy." (3) In serial No.0 after the word “omission” the worde “or change” shall be added. (hk) For serlal Wo.82 the folicwing shall be subetituted:— “82. Typed index to accompany Appeal/Petition.” (1) Serds) Noe.d4 and 35 shall be omitted am) For the concluding para the following shall be aubstituted:— ‘Returned with the objection(s) at serial No(s)-..._ahove to be ra-wubmitted after removing the cbjection within limitation/. days.” Ix. In Chapter 4—A-— 3. In ‘the exiaving rule 1, before the xcrd "English" the werds, "Urdu or" shali be added.o 2. For the existing rule 3, the following rule shall be substi tute: “3. When a sentence of death or of imprisonment for Aige or of imerisonmeat has been pasced upon an accused percon convicted at a trial held before the High Court in exercise of its Original Criminal Jurisdiction, the Court shall issue e warrant in order to cause such gentenoe to te carried into effect. 3. For the existing rute 4, the foliowing rule shall be substituted: 4. A warnont for the execution of any of the following sentences passed by the Court in exercise of its Original Uriminel Juriediction, nenely:— (a) sentence of death; tb) sentence of impriaonment for life: (co) sentence ot imprisonment: chail vonfcen, es nearly as may be, to the Yorms prescribed by the Gode of Criminal Frocedure.” 4. For the existing rule 6{a) the following shall be ‘fap. Wan the sentence passed upon an accused person te of any of the kinds specified in Rule 4, the Court ehall forthwith cause the warrert to be forwarded to the jail in whieh he is to be comtined, and unless the accused person is already confired in euch Jail, ehaii cauee him to be forwarded te exch jail with the warrant." Rule 6(b) shall be omitted. 6. In the existing rule 9, for the words “Clerk of the Crown" the words "Deputy Registrar” shall be substituted and the Note thereunder shali be deleted. 7. In the existing rule 11, for the word “Superintendent” the words “Assistant Registrar” shall be oubstivuted.Wii. In Chapter 4-B- 1. Chapber 4-B shall be omitted. LY. In Chapter 4 2 the existing rule 1, the following rule ehall be suet itubed:~ 1. All disbursements on account cf the expenses of complainants and witnesses attending criminal trisle before the High Court, will be made by the Deputy Registrar and will be adjusted by him. The Deputy Registrar will determine the class to which each complainant and witness belongs." For the existing rule 2 end ite heading, the following ghall ve substituted: “Mode o£ Journey.- The compleinant and witnesses sha.) ke paid for the Journey at the rate chargeable for the most cheaper and expeditious mode of transport.” 3. For the exleting rule 3 and ite heading, the following shall be substituted: — “Attendance of witnesses in tae High Courb.- The compnainant and witnesses shall report themselves to the Deputy Registrar and «ill inform him of their nemes,. the class co which they beloug, the date of thei: departure to attend the High Court and whether any edvencee have been made tc attend the High Court." 4. ‘The existing rules 4 to 7 shall be omdttad. 6. In the existing rule 9, the wards “or District Negistrate” shall be omitted. a sub-rule (2) for the figure G, In the existing rule 9, “18” the figure "100" and for the figure °10" the figure “50” andin oub-eule (3) for the figure "25" the figure "100" shall be substituted, In Chapter 4-D-- 2. In the existing rule 3, after item No.c1) the foliowlag Ttem No. (1-A) shall be added:— “(2-A). Forwarding letter from the alongwith explanation, if any, for caus> In the existing rule 3, {tem No.7 shall be omitted. VI. In Chapter 4-B-- i. In the existing rule 1, for Item (a) the following ehall be subetituted:- “(ay When an accused is to be tried by the High Court an ite Griginsl Criminal Juriadiction for an offence punishebje with death he shail be asked by the Court whether he can afford to engage counsel for his trial." 2. For the exieting rule 5, the following rule shall be substituted:~ "8. The legal practitioner so employed shall receive a fee of Re.2000/-, or if the hearing lasts more than & day, a fee not exceeding Re.200/- per day. This payment shail be made through the FProvingial Law Secretary on the production of a certificate slmned by the Judges or by one of the Judges hearing the case, in which the total amount of fees allowed to the legal practitioner by the Judges hearing the case shall be tated.” VII. In Chapber 4-F-- 1. For the exiatang rule 6, the following rule shall be aubatituted:~ ‘8. The writ om the warrant sbali be served by the bailiff of the Court out of the Vist pre2 Registrar in conauitation with the Deputy Registrar, or by such other persoa as may be appointed by the dudae- Where the application is by or on benalf of a security prisoner, the writ will be served on thea eppropriate Government and nob on the officer detaining the prisoner, A security prisoner means a_person who has been detained under the ordere of the Federal or Provincial Government under a law providing for preventive detention.” 2. for the existing rule 10, the following rule shall be subatituted:~ "tO. When a bailife is deputed by the Court to produce an alleged detenu/detenue, the party requiring the production should deposit with the Treasurer in advance, an amount equal to the calculated expenses for the journeys involved keeping in view hie grade of pay and the daily allowance admissible to him under the relevant rules, The amount shali be paid to the bailiff after sanction by Deputy Registrar(Judl) before proceeding to hia destination againet a receipt which shall be kept on the file of the case 2. The existing rules 11 and 12 shall be omitted. 3. For existing rule 13. the following shall be substituted: — "18. In case the bailiff does not submit his olaim within the time mentioned in the last rule, the amount or tha balance thereof should be refunded to the party concerned, In case, however, the party fatle to claim refund within six weeks, the amount due to it be credited to Governnent under the nead “Major head 1200000, Minor head 1230000 Law & Order Receipts, Detailed head 1231000 Justice. . “"" 4231003 Justice-Generai Fees. finee and forfeitures (74). and the treasury chailan showing the credit should be attached to the file of the case.” 4. For exteting rule 16 the fellowing shall be substituted: “18. To check’ the tendency to file frivolous habeas corpus petitions, the Court may, at ite discretion, require the party concerned to depoait in advance an amount as fixed by the Court directing the imauance of~o- rule nisi to be paid to the detenue az a compenastion if ‘the petition ie Found to be frivoloua or vexatious. 5. In the Form of Search Warrant No.2 az in the APPENDIX (Form of Warrant No.1), for the words “High Court of Judicature at Lahore" wherever occurring, the worde “Lenore High Court Principal Seat Lahore/...Bench” shall be substituted and in tae Appendix (Form of Warrant No.1} below the note for the words “with your date oignature" the words “end dated" shall be eubstituted. VIII.in Chapter 8-C-- 1. For the exiting rule 3 and ite heading, the following shall be substituted:- "3. Manner of deutruction of records and atamps.— The destruction of judicial recorda, books and papera shall bs effected by burning. All Court-iee stamps affixed 0 documents which are to be destroyed shail first be vemoved therefrom and burnt by, or in the presence of, the supervising officer.” In the emtatang rule 5(b), in Item Ne.(23), for the words and figures “section 44 of the Punjab Courts Act" the words and figures “section 116, Code of Civil Procedure, 1908" -shali be substituted. 3. For the existing rule 13, the following rule shall be substituted. ‘43. Part B of a judicial record and applications of a miscellaneous character filed with mush record shall be destroyed before such record is consigned to the record-room: Provided that, where an appeal lies to Supreme Court of Pakistan, part B of the racord of such’ appaal shall be preserved until the pesiod for the presentation of an eppeal haa expired, or where an appeal has been mace, till the judgment, of the Suprene Court of Pakistan, has been commmicated to this Courts-10- Provided also that when a case in thie Court doen dismissed for default or heard ex-parte, part Bree tas record shal! not be destroyed until the expiry of Six months from the date of the dects‘on; Provided further thet a Power of Attorney filed in ® Civil Appeal in which a Letters Patent Appeal or Intra Court Appeal lies to the High Court shall be preserved until the period for the presentation of a lettere Patent Appeai or Intra Court Appeal hes expired, or where an appeal has been made till the Judgment therein has been pronounced.” 4. In the existing rule i8(ii4), the word “Indian” shalt be deleted. 5. In the existing rule 18(11), in register No.13, after the words “Letters Patent Appeals” the words “or Intra Court Appeals” shail be added. 6. In the existing rule 19, in registers Nos.59 and 86, after tne words “Lettera Patent Appeals" the words “or Intra Sourt Appeale” shall be added and in registera Noo.63 and 98, for the words “Privy Council" the words “Suprem: Court” shall be substituted and registers Nos.105 and 112 shall be deleted. 7. In the existing rule 20, register No.4 shall be deleted. 3IX. in Chapter 7-a-- In Part-Ata)— 1, In the existing rule 10. for the word "Crown" the word “State” shail ba eubstituted. z For the existing rule ii, the following rule shell be substitute vu. Notice in writing of the day appointed for the hearing and detormination of the application shall be given by the Deputy Registrar to the Chief SecretaryMe to the Government of the Panjab: and the copy of the Petition and exhibite with Grenelations, 1f on¥, fentioned in Rule 6 shall accompany such notice. g. ‘The existing Pert-A(b) shall be omitted. By order of the Chief Justice and Judges. (CF AKHAR HAYST) REGISTRAR tedorsoment No 2436. Rules/ii-D4 WY) acres £22 G=800/. copy forwarded for information tor i. The Chief Secretary, Government of the Punjab, Lahore. 2. ‘The Secretary, Government of | Pakisten, Ministry of Law, justice and Parliamentary Affairs igustice Divieion}, ielamabed. 3, The Secratary, Governmont of the Punjab, Law and Parliamentary Affaire, Lahore. 4. The Secratary, Government of the Punsab, Finance Department. Lahore. 5. fhe Secretary, Government of the Punjab. Home Department, Lahore with reference to letter Wo S0(Jual.-1I11 4718/2000 dated 16th April, 2001. 5. ‘the Additional Registrars. Lahore figh Dewss Multan Bench, Malten, Rewalpindl Bench, Rawaipindi and Behewalpur Herich, Bahawalpur. Te Superintendent. Government Printing, Punjab. for printing in the Extra-ordinary Gazette and supply of twenty copies to this Court. + : ow ms TRAR- Khalil Ve.DOC - ©; See