MUHAMMAD AZIM KHAN AND Another vs THE DISTRICT TRIBUNAL, MIANWALI
This petition for leave to appeal arose from an order of the High Court passed under Article 98 of the Constitution of Pakistan 1962, seeking release on bail pending proceedings under the West Pakistan Control of Goondas Ordinance. The core legal question was whether a petition for leave to appeal arising from a writ petition relating to bail in proceedings under the said Ordinance is of a criminal nature exempt from standard court-fee or of a civil nature requiring a stamp of Rs. 250. The Supreme Court held that the petition is of a civil nature requiring the requisite court-fee stamp, following its recent precedent in Ex-Captain Muhammad Akram Khan. The key principle laid down is that petitions for leave to appeal arising from writ petitions under Article 98 of the 1962 Constitution are classified as civil in nature and must be duly stamped accordingly.
- Whether a petition for leave to appeal arising from a writ petition under Article 98 of the 1962 Constitution is of a civil or criminal nature?
- Does a petition for leave to appeal from a High Court order concerning bail in proceedings under the West Pakistan Control of Goondas Ordinance require a court-fee stamp of Rs. 250?
- Article 98, Constitution of Pakistan 1962
- West Pakistan Control of Goondas Ordinance 1959
ORDER
1. MUHAMMAD YAQUB ALI, J.-This petition for leave to appeal from an order of the High Court passed under Article 98 of the 1962-Constitution is not properly stamped. It is contended that as the relief claimed in the High Court was release of the petitioners on bail pending the proceedings initiated against them under the West Pakistan Control of Goondas Ordinance, the petition for leave to appeal was of criminal nature and did not require the stamp of Rs. 250.
2. This Court has recently held in the case of Ex-Captain Muhammad Akram Khan that a petition for leave to appeal arising from a writ petition under Article 98 is of a civil nature and requires a court- fee stamp of Rs. 250. We see no reason to depart from the view formed by the Full Court and the uniform practice followed so far. The petition is, accordingly, found to be insufficiently stamped.
3. Two weeks time is granted to make up the deficiency in the court-fee stamp.