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Actions of Supreme Court Are Given Effect

By: Mohammad Al-Mehdar

Although it was classified as the third litigation instance by the new formation of KSA judicature, which was promulgated by Resolution No 303 of the Council of Ministers, dated 19/09/1428 AH, the Supreme Court started to admit the objections for cassation to the judgments issued by the courts of appeal except for 15/02/1440 AH. The court will not consider any objection to the judgments delivered prior to 28/03/1440 AH.

The jurisdiction of the Supreme Court is confined to:

1) Reviewing the judgments of death, cutting, stoning, soul retaliation or otherwise, which are given or supported by the Appellate Courts; and
2) Reviewing the judgments given or supported by the court of appeal on cases other than those in the previous paragraph or on final matters without addressing the facts, where the subject matter of the objection to the judgments is:

a) A violation of the provisions of the Islamic Sharia and the acts promulgated by the Ruler in compliance therewith;
b) A judgment delivered by a judicial panel not properly formed in accordance with the provisions of this Act and others;
c) A judgment rendered by an incompetent court or circuit; and
d) An incorrect characterization or description of the incident.

It means that the Supreme Court will not consider the subject matter of the dispute or any new evidence or proofs provided by the objector. The Department of Objection Examination in the Supreme Court receives and examines the applications for an objection for cassation in terms of the form and prescribed period. Then, it refers them along with its opinion to the competent circuit to decide admitting or dismissing the application as held thereby.