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ISLAMABAD, Dec 05 (APP): The Shariat Appellate Bench of the Supreme Court has issued notices to all bar councils, including the Islamabad Bar Council, in appeals challenging the fixation of court fees at Rs 15,000 in civil cases. The court also directed the Attorney General for Pakistan and the provincial Advocates General to appear in person at the next hearing.
A five-member Shariat Appellate Bench headed by Justice Shahid Waheed heard the case on Friday.
The bench made it clear that the matter is being taken very seriously and no further adjournments will be granted. The hearing was adjourned till 2 February.
During the proceedings, the court observed that several appeals have been filed against the decision to set the court fee at Rs 15,000, and that the issue is closely linked with public rights. Justice Aqeel Abbasi remarked that a large number of people in the country are poor and unable to afford the costs of accessing justice. He said providing justice is the fundamental responsibility of the state and it cannot be treated as a source of revenue. “Justice is the foundation of our religion,” he added.
Balochistan’s Advocate General Ayaz Swati informed the court that no court fee is charged in criminal cases in his province. Additional Advocate General Muzammil Khan expressed full support for the judgment of the Federal Shariat Court.
During the hearing, the Additional Advocate General of Khyber Pakhtunkhwa referred to a recent IMF report, but the court cautioned him, stating that the case had nothing to do with the IMF and that arguments must remain relevant to the matter at hand.
Justice Shahid Waheed noted that unfortunately cases were not being regularly fixed before the Shariat Appellate Bench in the past, and remarked that even today law officers appeared under the assumption that the case would not proceed. He stressed that the Shariat Appellate Bench is now a regular feature of the Supreme Court.
The court warned all parties that the case involves fundamental constitutional and social issues and must not be taken lightly.