Islamabad:
A constitutional bench of the Supreme Court disappeared by attaching any condition with the right of appeal and declared it a violation of fundamental rights.
“Unreasonable conditions attached to an appeal would probably be one that is not justified, disproportionate or raped fundamental rights or the legal process. An unreasonable condition could make it impossible or unfairly difficult to exercise the right to appeal”, reads a five -page judgment written by Juma Khan Mandokhail.
He heard an appeal filed by the joint director of exchange operations of foreign operations against the High Court of Lahore who declared that article 23c (4) of the law of 1947 on the regulations of foreign exchanges and rule 8 of the arbitration procedure and the rules of appeal, 1998, are unconstitutional.
A bench of five judges from the constitutional bench led by Judge Amicin Khan heard the question.
“Likewise, the conditions that obstruct the normal and equitable operation of the regular procedure for an appellant, such as payment of an excessive amount could be considered as unreasonable,” adds the judgment. “There is no justification for the deposit of such an excessive quantity and it has not been demonstrated that the condition attached to the call duly concerns the requirement of the public.”
Under article 23c of the FONR, a decision of the decision manager, taken under article 23b (4) is however called upon the council of appeal of the exchange regulations (Appeal Council), but it will not be admitted for having heard unless the appellant deposits in cash with the Council of Appeal the amount of the penalty or, at the discretion of the appeal, provides subsections.
The main controversy for determination is whether the prerequisite for filing the amount of the penalty for the admission of a appeal, in accordance with article 23c (4) of the Fais and the rule 8 of the rules, is constitutional.
The judgment notes that there is always a possibility of error, error of facts or law in a decision at the level of the initial forum, therefore, the right of appeal is a substantial right of a injured person.
“It existed since the creation of the judiciary, with its main function to protect itself against miscarriage of justice. A right of access to justice and a right to a fair trial and a regular procedure is the fundamental right of a citizen, guaranteed by article 10a of the Constitution, which includes an appeal to a higher, independent and impartial forum to examine the decision of the Fora below.
