Islamabad:
A constitutional bank of the Supreme Court has disapproved of any condition with the right of appeal and declared that it is a violation of fundamental rights.
“Irrazonable conditions attached to an appeal would probably be one that is not justified, disproportionate or infringed on fundamental rights or the legal process. An unreasonable condition could make it impossible or unjustly difficult to exercise the right to appeal,” reads a five -page trial authorized by Judge Jamal Khan Commandkhail.
He was listening to an appeal presented by the senior director set division of currency exchange operations against the Superior Court of Lahore, which had declared that section 23c (4) of the Interior Regulation Law, 1947 (FERA) and rule 8 of the adjudication procedures and the appeals rules, 1998 are unconstitutional.
A bank of five judges of the Constitutional Bank led by Judge Aminuddin Khan heard the matter.
“In the same way, the conditions that obstruct the normal and fair functioning of due process for a recurring, such as the payment of excessive quantity, could be considered unreasonable,” adds the failure. “There is no justification for the deposition of such an excessive amount nor has it been shown that the condition attached to the appeal is with due consideration of the public requirement.”
According to Section 23C of the FERA, a decision of the Awarding Officer, taken under Section 23B (4), although it is appealable before the Appeals Board of the Currency Regulations (Appeals Board), but it will not be admitted for the Hearing unless the audience unless the appellant is in cash with the Board of Appeals of the amount of appeal or, for 4 years, for the discourse of the Board of Appeals Security according to the senalization of the penalty.
The main controversy for determination is whether the previous condition of the deposition of the amount of the fine for the admission of an appeal according to the provisions of section 23c (4) of the FERA and rule 8 of the rules, is constitutional.
The trial indicates that there is always a possibility of error, error of facts or laws in a decision at the initial forum level, therefore, the right of appeal is a substantive right of a injured person.
“It existed from the establishment of the Judiciary, with its main function of protecting against the spontaneous abortion of justice. A right of access to justice and a right to a fair trial and due process is a fundamental right of a citizen, guaranteed by article 10a of the Constitution, which includes an appeal to a higher, independent and indepartial forum to scrutinize the decision of the forums below.
