P L D 1984 Federal Shariat Court 33 (PLP)
| Citation | P L D 1984 Federal Shariat Court 33 (PLP) |
| Forum / Court | |
| Bench Members | Single Bench |
| Parties | |
| Primary Law | Constitution of Pakistan (1973 ) |
Q1: What are the key laws and sections cited in P L D 1984 Federal Shariat Court 33 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973 ) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1984 Federal Shariat Court 33 (PLP)?
The case was heard and decided by the bench comprising: Honorable Judges.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1984 Federal Shariat Court 33 (PLP) (). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Art. 2013‑D‑Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)‑Act 1975 repealing certain laws and regulations Object of repealed laws to rehabilitate and settle displaced persons Repealed laws and regulations by their very nature not permanent Objections raised against Act 1975 not sound‑Act not in any way repugnant to Sharia. Iftikhar Hussain Ch. for the Federal Government. Date of bearing : 24th May, 1983.
Judgment & Decree
AFTAB HUSSAIN, C J.--The Act repealed the following Acts and Regulations (i) the Registration of Claims (Displaced Persons) Act, 1956 (Act III of 1956). (ii) the Pakistan Rehabilitation Act, 1956, (iii) the Pakistan (Administration of Evacuee Property) Act, 1957, (iv) the Displaced Persons (Compensation and Rehabilitation) Act, 1958, (v) the Displaced Persons (Land Settlement) Act, 1958, (vi) the Scrutiny of Claims (Evacuee Property) Regulation, 1961, and (vii) the Price of Evacuee Property and Public Dues (Recovery) Regulation, 1971, It is for this reason that none of these Acts were examined. Any examination of the Laws which are no longer a part of the statute book would be an exercise in futility. Moreover, the Constitution provides for the examination of existing laws and not of the law4 which are no loner in force, Objections were received from Mr. Asghar Ali and Raja Muhammad Idrees Khan against the repealing Act. Mr. Asghar Ali has referred only to some fraudulent transfers which are beyond the scope of our examination and enquiry. Raja Muhammad Idrees says that except the first five laws referred to 1 above which were according to the Qur'an and Sunnah, the Regulation of 1961 was against Sharia while the Regulation of 1971 was unnecessary. His objection is that the first 5 laws should remain on the Statute Book and the continuance of the repealing Law which violates the objective of Sharia would amount to acting in a manner repugnant to the Qur'an and Sunnah. The objection is not sound since obviously the object of these laws was to rehabilitate and settle displaced persons. By their very nature these laws could not be permanent. It was for the Government to consider whether the stage had reached for withdrawing them. The Government has, therefore, acted within the scope of its authority by repealing, them. The Act is not in any way repugnant to the Qur'an and Sunnah. M. Z. M. Order accordingly.