2024 PLP 1703 (CLC)
RIZWAN AHMED — Applicant Versus FEDERATION OF PAKISTAN and others — Respondents
| Citation | 2024 PLP 1703 (CLC) |
| Forum / Court | Lahore (Rawalpindi Bench) |
| Bench Members | N/A |
| Parties | RIZWAN AHMED — Applicant Versus FEDERATION OF PAKISTAN and others — Respondents |
| Primary Law | Family Courts Act (XXXV of 1964) |
Q1: What are the key laws and sections cited in 2024 PLP 1703 (CLC)?
This judgment primarily cites: Family Courts Act (XXXV of 1964) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2024 PLP 1703 (CLC)?
The case was heard and decided by the Lahore (Rawalpindi Bench) bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2024 PLP 1703 (CLC) (RIZWAN AHMED — Applicant Versus FEDERATION OF PAKISTAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- 4. In view of averments in the application notice is issued to the learned Advocate General, Punjab. At this stage, Mr. Muhammad Shahid Munir, Assistant Advocate General Punjab accepts notice, so there is no need to issue any formal notice to this effect.
Headnotes / Summary
S. 5
Constitution of Pakistan, Arts.199, 260(3)(a) & 260(3)(b)
Civil Procedure Code (V of 1908), S. 114 & O.XLVII
Non-Muslim view
Quadiani Group or Lahori Group
Petitioner was aggrieved of precedent judgments relied upon in judgment under review which were passed prior to declaration of Quadiani Group or Lahori Group as non-Muslims, and the view in the said judgments did not pertain to Muslims
Held, that paragraphs in question were only reproduced as extracts from the referred judgments
With the promulgation of the Constitution of Pakistan, 1973 and more specifically by inserting definitions of "Muslim" and "non-Muslim" in Art. 260(3)(a) and (b), the observations recorded in referred judgments automatically lost their efficacy as well as status
Persons of Quadiani Group or Lahori Group who call themselves "Ahmadis" or by any other name or a Bahai, and a person belonging to any of the Scheduled Castes could not be termed as "Muslim" or class/sect of "Muslim"
High Court directed that the observations recorded in the present review application shall be treated as part of the judgment under review
Review petition was disposed of accordingly.
Judgment & Decree
MIRZA VIQAS RAUF, J.
This application is in terms of Section 114 read with Order XLVII of the Code of Civil Procedure (V of 1908) seeking review of the judgment dated 12th June, 2024 passed in Writ Petition No.167 of 2024.*
2. The grievance agitated by the applicant in this application is restricted to Paras Nos.4, 12 and 14 of the reproduced portion of judgment reported as Mst. Balqis Fatima v. Najm-ul-Ikram Qureshi (PLD 1959 (W.P.) Lahore 566) more specifically highlighting the view of Quadiani Group, which was further affirmed by the Supreme Court of Pakistan in the case of Mst. Khurshid Bibi v. Baboo Muhammad Amin (PLD 1967 Supreme Court 97) find mentioned as Para No.2 at page No.37 of the judgment under review.
3. The review is sought on the ground that after the promulgation of the Constitution of the Islamic Republic of Pakistan, 1973 in terms of Article 260 a person of the Quadiani Group or the Lahori Group who call themselves Ahmadis or by any other name have been declared as non-Muslim.
4. In view of averments in the application notice is issued to the learned Advocate General, Punjab. At this stage, Mr. Muhammad Shahid Munir, Assistant Advocate General Punjab accepts notice, so there is no need to issue any formal notice to this effect.
5. As already observed that the applicant is only aggrieved of certain portion of reproduced extract from the judgment in the cases of Mst. Balqis Fatima supra and Mst. Khurshid Bibi supra more specifically Paras Nos.4, 12 and 14 of the judgment of the former case and Para No.2 reproduced at page No.37 of the judgment under review from the latter case.
6. Needless to observe that the above-mentioned Paras were only reproduced as extracts from the above referred judgments and with the promulgation of the Constitution of the Islamic Republic of Pakistan, 1973 and more specifically by inserting definitions of Muslim and non-Muslim in Articles 260(3)(a) and 260(3)(b), the observations recorded in the above referred judgments automatically loses their efficacy as well as status and there remains no cavil to observe that a person of the Quadiani Group or the Lahori Group who call themselves Ahmadis or by any other name or a Bahai, and a person belonging to any of the Scheduled Castes cannot be termed as Muslim or class/sect of Muslim .
7. With these observations this review application with consent of all in attendance is accordingly disposed of. The observations recorded hereinabove shall be treated as part of judgment dated 12th June, 2024 passed in Writ Petition No.167 of 2024.* MH/R-12/L Order accordingly. * Reported as 2024 CLC 1648 * Reported as 2024 CLC 1648