ORDER
58A
SPECIAL CONSTITUTIONAL CASE
Reference by Subordinate Court (O. 58A, r. 1)
1.
—(1)
This
Order shall, notwithstanding Order 1, Rule 2, apply where in any
proceedings including criminal proceedings in a Subordinate Court
a question arises as to the interpretation or effect of any provision
of the Constitution and the Court has pursuant to section 56A of
the Subordinate Courts Act (Chapter 321) stayed the proceedings
and the Court has stated the question in the form of a special case.
(2)
Every special case stated under section
56A (3) of the Subordinate Courts Act shall be divided into paragraphs
and shall concisely state such facts and shall include such documents
as may be necessary to enable the High Court to decide the question raised
thereby and shall be signed by the District Judge, Magistrate, Coroner
or Registrar, as the case may be.
(3)
On receipt of the special case, the
Registrar of the Supreme Court shall lay the same before a Judge
of the High Court and serve a copy thereof on the Attorney-General.
(4)
On consideration of the special case
transmitted under section 56A (4) of the Subordinate Courts Act
(Chapter 321), where a Judge considers that the decision on a question
as to the effect of any provision of the Constitution is necessary
for the determination of such proceedings, the Judge shall deal
with the case as if it were a case before him in the original jurisdiction
of the High Court in which such a question has arisen.
Mode of dealing with special case (O. 58A, r. 2)
2.
—(1)
Where
a special case has been transmitted to the High Court, it shall
subject to the provisions of this Rule be dealt with and regarded
in all ways as an application to the High Court.
(2)
The special case shall be treated
as the record of proceedings.
(3)
The plaintiff or the prosecution in
the proceedings in the Subordinate Court, as the case may be, shall
be treated as the applicant and all other parties as respondents.
(4)
The judgment of the High Court shall
be in the form of an answer to the question set out in the special
case.
(5)
The Registrar of the Supreme Court
shall serve a notice of the hearing of the special case by the High
Court on the Attorney-General and every party to the proceedings
in which the special case arose.
Certificate on special case (O. 58A, r. 3)
3.
The
Registrar of the Supreme Court shall deliver to the Attorney-General,
the Registrar of the Subordinate Courts and every party to the proceedings
in which the special case arose a copy of the judgment of the High
Court.
Proceedings in the Subordinate Court (O. 58A, r.
4)
4.
—(1)
Where
the High Court has given judgment on the special case and the proceedings
in the Subordinate Court in which the special case arose are still
pending, the Subordinate Court shall continue such proceedings and
dispose of the proceedings according to law.
(2)
The Subordinate Court shall determine
all questions and make all necessary orders regarding costs therein
but no order for costs incurred in the High Court shall be made.