Federal Shariat Court

Relief in personam does not fall within the jurisdiction of Federal Shariat Court.

Petitioner assailed judgment of Division Bench of High Court passed in exercise of revisional jurisdiction on the plea to apply Islamic Justice System

Validity

Petitioner assailed relief in personam which was beyond the jurisdiction conferred upon Federal Shariat Court under Art. 203D of the Constitution and the same could not be granted

Federal Shariat Court declined to interfere in the matter

Petition was dismissed, in circumstances.

Federal Shariat Court while exercising its original jurisdiction was constitutionally bound to base its judgment on specific "Nass" of the Holy Quran and Sunnah and not on any other ground or consideration.

Expression "cease to have effect" in the context of the Art. 203D did not mean the same as the expression "repeal" under Art. 264 of the Constitution

With effect from the date fixed by the Shariat Appellate Bench of Supreme Court for a repugnant law to cease to have effect, the ordinary incidents following from the repeal of a law were neither attracted nor followed

Accordingly, from the date of effectiveness of such a declaration, no accrued right nor incurred liability under the repugnant law could survive past the date of effectiveness of the declaration made under Art. 203D of the Constitution.

Accused was convicted by Trial Court under S. 394, P.P.C. for committing dacoity and was sentenced to five years of imprisonment

Validity

Trial Court was required under S. 20 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979, to hold that Haraabah was not liable to punishment provided for in S. 17 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979, or for which proof in either of the forms mentioned in S. 7 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979, was not available and only then punishment under relevant provision of P.P.C. would be passed

Under Art. 203-DD of the Constitution, it was the competence of Federal Shariat Court to examine correctness, legality or propriety of any finding, sentence or order recorded or passed by

Finding of Trial Court with reference to S.20 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979, was to be examined by Federal Shariat Court and not by High Court as it was the object and purpose of Art. 203-D of the Constitution

Appeal was continuity of proceedings of trial and where trial was for an offence relating to enforcement of Hudood, then regardless of its decision under any law, appeal was to lie with Federal Shariat Court and not to the High Court

Appeal was returned in circumstances.

In view of the jurisdiction in connection with shariat petition, conferred upon the Federal Shariat Court, the prayer for granting relief in personam could not be allowed

Illustration.

Jurisdiction conferred on Federal Shariat Court by the Constitution is confined only to Injunctions of Islam as contained in the Holy Qur'an and Sunnah of the Holy Prophet (may peace be upon him) and no other consideration or extraneous circumstance has any bearing on its judgments in Shariat petitions.

Jurisdiction conferred on Federal Shariat Court by the Constitution is confined only to Injunctions of Islam as contained in the Holy Qur'an and Sunnah of the Holy Prophet (may peace be upon him) and no other consideration or extraneous circumstance has any bearing on its judgments in Shariat petitions.

Not an Administrative Court or Tribunal-Appeals to Supreme Court under Art. 212 (3) of Constitution, held, can only be filed in respect of orders passed in connection with matters specified in Art. 212 and in no other matters.-[Jurisdiction].