2007 PLP 1942 (SCMR)
FEDERATION OF PAKISTAN through Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of Pakistan, Islamabad — Petitioner Versus ZAFAR AWAN — Respondent
| Citation | 2007 PLP 1942 (SCMR) |
| Forum / Court | Shariat Appellate Jurisdiction |
| Bench Members | Justice Abdul Hameed Dogar, Chairman, Justices Muhammad Nawaz Abbasi, Mian Shakirullah Jan Dr. Allama Khalid Mehmood and |
| Parties | FEDERATION OF PAKISTAN through Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of Pakistan, Islamabad — Petitioner Versus ZAFAR AWAN — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 1942 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1942 (SCMR)?
The case was heard and decided by the Shariat Appellate Jurisdiction bench comprising: Justice Abdul Hameed Dogar, Chairman, Justices Muhammad Nawaz Abbasi, Mian Shakirullah Jan Dr. Allama Khalid Mehmood and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1942 (SCMR) (FEDERATION OF PAKISTAN through Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of Pakistan, Islamabad — Petitioner Versus ZAFAR AWAN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hafiz S.A. Rehman, Advocate Supreme Court assisted by Ch. Akhtar Ali, Advocate-on-Record for Petitioner (in both cases).
- Nemo for Respondent (in both cases).
- Date of hearing: 11th October, 2004.
Headnotes / Summary
(On review from the judgment, dated 30th November, 1991 of this Court passed in Civil Shariat Appeals Nos.16 and 17 of 1989).
Ss. 197, 345, 402-B & 402-C [as added by Pakistan Criminal Law (Fourth Amendment) Ordinance (XXX of 1991)
Pakistan Criminal Law Amendment Act (XL of 1958), S.6(5)
Penal Code (XLV of 1860), Ss.299 to 338-H [as substituted by Pakistan Criminal Law (Second Amendment) Ordinance (VII of 1990)]
Constitution of Pakistan (1973), Art.203-D
Provisions of S.197, Cr.P.C. and S.6(5) of Pakistan Criminal Law Amendment Act, 1958 being repugnant to Injunctions of Islam shall cease to have effect after 31st March, 2005
Such provisions did not have any nexus with provision of S.402-C, Cr.P.C.
Composition, suspension, remittance and commutation of sentences passed under Ss.299 to 338-H, P.P.C. could not be done without consent of victim or his heirs
Principles. Shariat Appellate Bench of Supreme Court vide judgment dated 30-11-1991 maintained order of Federal Shariat Court declaring the provisions of section 197, Cr. P. C. and that of section' 6(5) of Pakistan Criminal Law Amendment Act, .1958 to be repugnant to the Injunctions of Islam. Provision of section 402-C, Cr.P.C., has no nexus with the provision of section 197, Cr.P.C. or section 6(5) of Act, 1958. In order to bring the provisions of Chapter XVI dealing with the offences of the human body in conformity with the Injunctions of Islam, an amendment was brought in P.P.C. vide Criminal Law (Second Amendment) Ordinance, 1990, whereby sections 299 to 338-H, P.P.C. were substituted. A corresponding amendment was trade in section 345, Cr.P.C. whereby offences mentioned in the above Chapter were made compoundable with. the consent of the victim or as the case may be of legal heirs of victim. Section 402-C, Cr.P.C. was added to Cr.P.C. in Chapter XXIX after section 402-B vide Criminal Law (Fourth Amendment) Ordinance, 1991 so as to bring it in conformity with the injunctions of Islam as laid down in the Holy Qur'an and Sunnah. It was vide this added provision of law that composition, suspension, remittance and commutation of sentences passed under any of the section in Chapter XVI of P.P.C. could not be done without consent of the victim or as the case may be, of his heirs. Shariat Appellate Bench of Supreme Court directed that necessary amendments be made upto 31st March, 2005, failing which the provisions of section 197, Cr.P.C. and that of section 6(5) of Pakistan Criminal Law (Amendment) Act, 1958 will cease to have effect. ?
Judgment & Decree
JUSTICE ABDUL HAMEED DOGAR (CHAIRMAN).
By this common order, we propose to dispose of Shariat Review Petitions Nos.1 and 2 of 1991 as they arise out of judgment, dated 30-11-1991 of this Court whereby Shariat Appeals Nos.16 and 17 of 1989 filed by petitioner were dismissed and the order of learned Federal Shariat Court A declaring the provisions of section 197, Criminal Procedure Code (Act V of 1898) and that of subsection (5) of section- 6 of the Pakistan Criminal Law Amendment Act, 1958 (Act No.XL of 1958) declaring them repugnant to, the Injunctions of Islam was. maintained:
2. It is inter alia, contended by Hafiz S.A. Rehman, learned counsel for the petitioner that this Court while dismissing the Shariat appeals and declaring the above provisions of law as repugnant to the Injunctions of Islam has omitted to examine the effect of provisions of section 402-C of the Criminal Procedure Code which is an error apparent on the face of the record necessitating the review of Court. When conformed with the provision of section 402-C, Cr. P. C. learned counsel B frankly conceded that it has no nexus with the provisions of section 197, Cr.P.C. or subsection (5) of section 6 of the Act.
3. In order to bring the provisions of Chapter XVI dealing with the offences of the human body in conformity with the Injunctions of Islam, an amendment was brought in Pakistan Penal Code, 1860 vide Criminal Law (Second Amendment) Ordinance, 1990 whereby sections 299 to 338-H, P.P.C. were substituted. A corresponding amendment was made in section 345, Cr.P.C. whereby offences mentioned in the above chapter were made compoundable with the consent of the victim, or as the case may be, of legal heirs of victim.. Section 402-C, Cr.P.C. was C added in Criminal Procedure Code in Chapter XXIX, after section 402-B vide Criminal Law (Fourth Amendment) Ordinance, 1991 so as to bring it in conformity with the Injunctions of Islam as laid down by the Holy Qur'an and Sunnah. It was vide this added provision of law the composition, suspension, remittance and communication of sentences passed under any of the section in Chapter XVI, Pakistan Penal Code, shall not be done without consent of the .victim or as the case may be of his heirs.
4. It would be advantageous to reproduce 402-C, Cr.P.C.:
"402-C Remission or commutation of certain sentences not to be without consent.
Notwithstanding anything contained in section 401, section 402, or section 402-A, or section 402-B the Provincial Government, the Federal Government or the President shall not without the consent of the victim or, as the case may be, of his heirs, suspend, remit. or commute any sentence passed under any of the sections in Chapter XVI of the Pakistan Penal Code. "
5. The contentions of learned counsel for the petitioner are neither convincing nor in consonance with the above provisions of law, as such, are misconceived. The review petitions being devoid of force .are dismissed. However, necessary amendments be made upto 31st March, 2005, failing which these provisions of law will cease to have effect. S.A.K./F-18/SC????????????????????????????????????????????????????????????????????????????????? Review dismissed.