Shariat Review petition

Plea that all human beings were equal and thus Chairman could not be entitled to any preferential treatment, and that the Chairman could not be equated with two Members of the same Bench

Validity

Chairman, Service Tribunal could not enjoy any preferential authority in deciding a judicial matter

Concept of equality among human beings was enshrined in the Holy Qur'an and Sunnah of the Holy Prophet

Islam strongly advocated the concept of equality among mankind irrespective of their colour, creed, gender or any other consideration

All were considered equal and entitled to equal protection of law, and the Chairman of Service Tribunal was no exception

Rule/law giving preferential authority was even alien to the Chief Justice of a High Court, Federal Shariat Court and even the Supreme Court, who enjoyed equal judicial powers with all other members of a Bench

As such S.3-A(2)(c) of Service Tribunals Act, 1973, which granted double weight to the opinion of the Chairman and let him decide the fate of a judicial matter solely on his strength, was repugnant to the Injunctions of Islam

Shariat review petition was allowed accordingly with a direction to the Federal Government to take necessary steps to amend S.3-A(2)(c) of Service Tribunals Act, 1973 so as to bring same in conformity with Injunctions of Islam before 30th June, 2014, whereafter said section shall become void and have no legal effect.

Plea that Shariah did not contemplate any time frame to extinguish the rights of human beings; that limitation debarred decision on merit and thus opposed principles of justice and fair play

Validity

By way of limitation for filing an appeal, as substantive right could not be usurped nor it got extinguished

Limitation prevented a claimant from knocking at the doors of a court, and without limitation a floodgate of matters piled up during past years would open, when evidence of the same would have been destroyed or lost and no record or evidence would be available for the courts to decide the same

Judges always stood in need for evidence, which might not remain available indefinitely

Plea challenging proviso (a) to S.4(1) & Ss. 6 & 7 of Service Tribunals Act, 1973 on point of limitation was misconceived and said provisions were not repugnant to Injunctions of Islam

Shariat review petition was dismissed accordingly.