AJK Shariat Court (Procedure) Rules, 1982

  1. R. 4(C) – Constitution of Bench- Reference to the Shariat Court to be heard by two members but the same can be heard by a single Judge if so directed by the Chief Justice. Noor Ahmad v. The State 1992 SCR 1 (A)
  2. R. 4(C) Constitution of Bench — Reference Chief Justice Shariat Court hearing the reference himself without amending the order of previous Chief Justice — Held: Mere irregularity and does not render the judgment passed without jurisdiction. Noor Ahmad v. The State 1992 SCR 1 (B)
  3. R. 4(C) Constitution of Bench-Reference- Chief Justice Shariat Court hearing the reference himself without amending the order of the sentence-held: not acceptable- Shariat Court acts in the reference as trial Court and it has to answer the reference independent of the views taken by the District Criminal Court. Noor Ahmad v. The State 1992 SCR 1 (G)
  4. R. 4 — It is mandatory for the learned Chief Justice of the Shariat Court to constitute a Division Bench for hearing an appeal or a reference — But in exceptional circumstances, the learned Chief Justice can also direct a single Judge to hear  such cases — R. 4(B) & (C) is very clear that every such case, shall ordinarily be heard by two members — The latitude given for hearing such case by a single Judge applies in exceptional circumstances such as where the Court is short of Judges and quorum cannot be completed or some of the Judges are unable to hear a case due to any reason, personal or legal etc. — Held: When the number of Judges in the Court is available and quorum can be completed, the second part of rule  has to yield to its first part. Muhammad Alam & another v. The State 2009 SCR 458 (E)
  5. S. 22 — Transfer of case from the principal seat to any District Headquarters — Ordinarily the case shall be heard at the principal seat of the Court unless otherwise directed by the Chief Justice — A case can be heard at the other place only by the directive of the Chief Justice — Only the Chief Justice of the Shariat Court can transfer the case from one place of sitting to another — A Judge of the Shariat Court is not competent and authorised to transfer the case from one place of sitting to another. Shamim Akhtar v. Maqbool Hussain & 3 others 2008 SCR 104 (A) 
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