Islamabad:
A constitutional bench of the Supreme Court has refused to associate any condition with the court of appeal and declared it a violation of fundamental rights.
“Unreasonable conditions attached to an appeal would probably be someone who is not justified, disproportionate, or violated the fundamental rights or the legal process. An unreasonable condition can make it impossible or unfairly difficult to exercise the right to appeal,” reads a five-page judgment written by Justice Jamal Khan Mandokhail.
He heard an appeal filed by Senior Joint Director Currency Operation Department against Lahore High Court, which had declared that section 23c (4) of the Currency Regulation Act, 1947 (Fera) and Rule 8 of the Judges and Appeal Rules, 1998 are constitutional.
A five-judge bench of the constitutional bench led by justice Aminuddin Khan heard the case.
“Similarly, conditions that prevent the normal and fair functioning of the proper process of an appellant, such as payment of excessive amount, can be considered unreasonable,” the judgment adds. “There is no justification for deposition of such an excessive amount, nor has it been shown that the condition associated with the appeal is with due regard to the public claim.”
According to Fera’s Section 23C, a decision of the judging officer made in accordance with section 23b (4) is, however, appealable before the Currency Regulation Appeals Board (Appeals Board), but it must not be admitted for consultation unless the Appellant deposits in cash with the Appeal Board The amount of the sub -section (4) estimated estimate, Subsection (4).
The largest controversy for determination is whether the prerequisite for the marketing of the amount of penalty for the admission of an appeal as stated in section 23c (4) of Fera and Rule 8 of the rules is constitutional.
The judgment notes that there is always an opportunity for errors, errors of facts or law in a decision on the level of the first forum, therefore the appeal of appeal is a material right to a concerned person.
“It existed since the establishment of the judiciary with its primary function to protect against spontaneous abortion of justice. A right to access to justice and a right to a fair trial and proper process is a fundamental right for a citizen guaranteed in Article 10a of the Constitution, which includes an appeal to a higher, independent and impartial forum to investigate the decision below.
