1994 PLP 218 (CLC)

This Constitutional petition is directed against the order dated 28‑3‑1979 of Joint Secretary, Ministry of Religious and Minority Affairs. Government of Pakistan, Islamabad, dismissing revision petition of the petitioner and affirming the disputed property as evacuee trust property.

2. Briefly stated, one Riasat Ali, respondent No3, filed a complaint under section 8 of the Evacuee Trust Property (Management and Disposal) Act, 1975, that property No. B‑XII‑7‑S‑147, G.T. Road, Gujranwala, was an evacuee trust property and the same could not be transferred in favour of present petitioner, Muhammad Afzal, by the Settlement Department. The Chairman‑respondent No.2, by his order dated 13‑8‑1977 came to the conclusion that the property was an evacuee trust property and that it could not have been transferred by the Settlement Department. In this view of the matter, P.T.D. dated 18‑4‑1974 issued in favour of the petitioner was not validated. The petitioner filed a revision petition which was rejected vide order dated 28‑3‑1979 of the Joint Secretary. 3. 1 have heard the learned counsel for the petitioner and Ch. Fazal Hussain, Legal Advisor of the Trust Department. It is vehemently contended by the learned counsel for the petitioner that section 10 of the aforementioned Act relating to the validation of certain transfers, has been declared as repugnant to the Holy Qur'an and Sunnah and therefore all proceedings before the Chairman and consequently before the Revisional Authority are illegal and cannot be implemented. Reliance has been placed on "Mufti Iftikharuddin v. Federal Government (PLD 1992 FSC 189) wherein it has been held, "Sections 8, 9, 10,.14 and 21 are repugnant to the Qur'an and Sunnah and cannot be retained. They would cease to have effect from 30th December, 1991". On the basis of this decision, the learned counsel for the petitioner submits that all proceedings in this case are nullity in the eye of law. On the contrary the learned counsel for the Trust Department has argued that an appeal against the aforementioned order of the Federal Shariat Court is pending before the Hon'ble Supreme Court and therefore the operation of the order is automatically stayed and so far no decision has been pronounced in the appeal.

4. I have gone through the order dated 13‑8‑1977 of the Chairman, Evacuee Trust Property and find that the issue regarding the nature and character of the property in dispute has been thoroughly dealt with, with reference to the documents evidenced on record. A revision petition against this order was rightly rejected by the Joint Secretary. However, the relevant A provisions under which the order has been pronounced by the Chairman, Evacuee Trust Property Board, have already been declared as repugnant to the Qur'an and Sunnah and appeal is pending before the Hon'ble Supreme Court. The order passed in this writ petition would therefore be subject to the decisiolr of the Hon'ble Supreme Court. With this observation, the writ petition is disposed of. AA./M‑1140/L??????????????????????????????????????????????????????????????????????? Order accordingly.