P L D 1988 Supreme Court 142 (PLP)

JUSTICE MUHAMMAD .AFZAL ZULLAH (CHAIRMAN).‑‑These appeals under Article 203‑F of the Constitution are directed against two judgments of the Federal Shariat Court; whereby in suo motu exercise of its jurisdiction under Article 203‑D of the Constitution, some of the provisions of certain laws specified in the chart on next page were held to be repugnant to the Injunctions of Islam and, therefore, these provisions were ordered to be omitted /amended. The questions raised in these appeals were also raised in the case, the appeals wherein have already been decided by this Court and reported in Pakistan v. Public at Large P L D 1986 SC

240. The subject‑matter of appeal No.23 of 1984 filed by the Province of Sind is mentioned in Schedule‑I to the aforenoted reported judgment at page 261, Serial No.l, item No.2 and the subject‑matter of appeal No.28 of 1984 filed by the Province of Baluchistan has been noted in the same Schedule at page 265, Serial No. 1, item No.4(iv). Although, the nomenclature of the laws in these appeals and those referred in the decided appeals are different but the subject matter is the same as is apparent from the following chart: S. A. No. 23 of 1984 Law Provisions Reasons given by Federal Order Shariat Court for repug‑ suggesting nancy to Injunctions of change Islam The Sind Section 6 provides A similar question about Section 6 of Provincial for stay of the the validity of similar the Act shall Assembly proceedings of provision regarding the be omitted. Members Civil or Revenue holding up of Court pro Privileges Courts or any ceedings came up before Act XI of Commission in the Court in SSM No. 196 1975 which a Member of 1983. It was held that of the Assembly is this was undue inter a party, for a ference with the adminis period of 14 days tration of justice.The before and 14 days member may not appear after the session in Court but there is no unless the privilege reason for staying the is waived, in proceedings of the Court writing. during the session of the Assembly or 14 days before or 14 days after. "The above sections give a handle to the Member of the Assembly to hold up ................. the proceedings of the Court". S. A. No. 28 of 1984 The Balu‑ The provision pro‑ The question whether in To amend the chistan vides for compen‑ case of death the compen‑ respective Chief sation in case of..... sation can be paid to the provision in Minister death, to any per‑ nominees or to the legal each of the and Pro‑ son or persons heirs having already been acts so as to vincial of the family or if considered, it was held provide that Ministers there is no such that provisions about pay‑ the nominee (Salaries, member to any ment of the compensation shall disburse Allowances other person or to nominee, as such are, the amount and Privi‑ persons as may be repugnant to the Injunc‑ between the leges) Act nominated by the tions of Islam. heirs in cases III of 1975 Minister and Spea‑ where it is The Balu‑ ker as the case may Note.‑There is no such paid to the chistan be, in this behalf provision in the Baluchis‑ said Speakers and in the absence tan Speakers and Deputy nominee. and Deputy of such nomina‑ Speakers (Salaries, Allow‑ Speakers tion, to his heirs. ances and Privileges) Act (Salaries, V of 1975. Allowances and Privi leges) Act V of 1975. The cases involving the same subject‑matter, as is involved in these appeals, having been remanded to the Federal Shariat Court, we deem it fit, in the circumstances, to remand these cases also so as to avoid conflict of judgment, achieve consistency and for the observance of the rules laid down in the reported judgment. Appeals accordingly are accepted and the cases remanded. There shall be no order as to costs. M.B.A. /P.27/S Appeal accepted.