Supreme Court unveils modernised 2025 rules

Digital filing, video-link hearings now allowed

Supreme Court. PHOTO: FILE

ISLAMABAD:

The Supreme Court on Thursday formally published the Supreme Court Rules, 2025, replacing the Supreme Court Rules, 1980 in what the court described as its commitment to modernization, digitalization, and to bring procedural clarity in the justice system in line with global governance of law.

Framed under Article 191 of the Constitution, the new rules replaced "outdated provisions" and brought court procedures in line with contemporary legal, constitutional, and technological developments. According to a press release issued by the SC on Thursday, the rules came into immediate effect.

The new rules were framed by a committee formed by Chief Justice of Pakistan (CJP) Yahya Afrifi. The committee comprised four SC judges — Justice Shahid Waheed, Justice Irfan Saadat Khan, Justice Naeem Akhter Afghan, and Justice Aqeel Ahmed Abbasi.

According to a press releases issued by the apex court, the committee engaged with judges, the Pakistan Bar Council (PBC), the Supreme Court Bar Association (SCBA), and other bar associations. The final draft was placed before the full court and approved after detailed deliberation.

Following the promulgation of the new rules, the SCBA issued a statement, stating that the SC did not consult with bars with regard to increase in court fees. It demanded that the SC withdraw its decision to increase the fees, noting that such increase in fees will not help in dispensation of justice.

Later in the day, the SC issued a public notice inviting suggestion to improve the rules.

The notice said the new rules are conceived as a living document-responsive to the needs of the bench, the bar, the litigants, and adaptable to emerging legal and technological developments.

It said that in the spirit of transparency and inclusivity, the CJP has constitute a committee under Rule 1(4) of Order I of the Supreme Court Rules, 2025, to make recommendations for addressing any difficulty that may arise in giving effect to its provisions.

Interestingly, the committee comprises the same four judges—Justice Waheed, Justice Khan, Justice Afghan and Justice Abbasi—who were part of the committee that framed the rules.

"The SC invites suggestions and feedback from judges, members of the bar, litigants, and the general public in this regard. Submissions will be compiled and reviewed by the committee and placed before the full court for consideration at the commencement of the new Judicial Year.

"Suggestions may be sent in writing to the SC registrar," it added.

The new rules

The Supreme Court Rules, 2025 consist of seven parts, thirty-eight orders, and six schedules, with approximately 280 provisions amended—including 160 from the schedules. The rules include 60 new provisions while five outdated provisions have been deleted.

The new rules include digital transition and technological enablement. Now all petitions and paper books must now be filed electronically while scanned copies are also mandatory. Notices, orders, certified copies, and pleadings will be issued digitally.

Hearings through video-link are now permitted. It makes the authentication of affidavits by an Apostille mandatory. An Apostille is a certificate that simplifies the authentication of documents for international use, particularly for countries that are part of the Hague Apostille Convention.

Parties and advocates are also required to provide updated phone numbers, email addresses, and digital app details. Now judicial documents sent via post will not be entertained.

It provides litigant access to records and parties may inspect records or obtain copies online or in person. Applications marked urgent or requesting interim relief must be listed within 14 days or at the earliest practicable date.

The SC registrar is authorized to ensure compliance with formats prescribed in the Sixth Schedule.

Under the new rules, court fees are revised after decades; advocate and official expenses are also updated. However, criminal petitions are fee-exempt — except for certified copies.

Copies are free for petitions submitted from jail while habeas corpus and Article 184(3) petitions related to criminal matters remain exempt from fees. The registrar may appoint advocates at state expense in death sentence cases. Counsel fees have also been enhanced.

Under the rules, intra-court appeals have been introduced for orders under Article 184(3) and contempt proceedings. One review petition is permitted per judgment and it may be filed in person or through alternate counsel. Frivolous reviews may attract penalties and the security deposit has been increased.

A party may revoke a power of attorney and appoint a new Advocate-on-Record. Transfer applications under Article 186A and Section 25A of the Family Courts Act, 1964, are now recognized. Constitutional Benches are formalized through a newly added chapter.

The rules also introduce adjudication and procedural safeguards.

Appeals from interlocutory orders will be heard by a bench of at least two judges; all other appeals, including those against acquittal will be heard by not less than three judges.

Paper books will be delivered in advance to the Attorney-General, Advocate-General, Prosecutor-General, and respondents, with certification of service. The registrar may recall ex-parte orders upon sufficient cause.

Compromise in compoundable offences is now formally accommodated. In acquittal appeals, the court may require surety or take coercive action if a respondent avoids appearance. Procedures for summoning records from lower courts have been streamlined.

Under the administrative and structural reforms, the registrar is empowered to supervise staff and exercise procedural powers as assigned under the rules. Branch Registries are retained at all provincial capitals; filings are allowed at either Islamabad or the relevant registry.

Under the rules, all fees, costs, security deposits, and allowances will be reviewed and revised every three years. Written tests for registration as advocate-on-record have been abolished and advocates with five years' standing may apply directly.

The new rules also highlight courtroom conduct. Advocates may wear either a sherwani or a short black coat; wearing gowns is now optional.

No concise statement is required in criminal appeals. In civil matters, if security for costs is not deposited within 30 days, leave to appeal stands rescinded unless otherwise ordered.

Respondents may seek summary dismissal of frivolous or delay-motivated appeals. Procedural failures shall be treated as irregularities and will not nullify proceedings. Under the new rules, the court's inherent powers to ensure justice remain unaffected.

"The Supreme Court Rules, 2025, reflect a transformative vision — integrating digital tools, promoting timely justice, and eliminating procedural rigidity.

"With inclusive provisions and simplified processes, the rules usher in a new era of judicial efficiency and responsiveness in Pakistan. These rules have also been uploaded on the Supreme Court website for the information of the general public," said the official press release.

 

 

 

 

 

 

 

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