decided shariat cases

1

S. No. Shariat Petition No. & Party Names

Law Challenged FSC Decision Appeal filed in the Hon.Supreme Court of Pakistan or not with Status

1. Sh.P.No.1/L/1979Mr. Ghulam Nabi Awan

Vs.The Fed: of Pakistan

L/W

Sh.P.No.18/K/1979Syed Masood Ahmed

Vs. President of Pakistan

‘Iztirar’ section 6 (regarding drinking of liquor) of the Prohibition (Enforcement of Hadd), Order 1979 challenged being repugnant to injunctions of Islam.

Sections 17 of the said Ord. (regarding Licensee for Bonfire Medicinal or other Purpose).

The use of liquor during iztrar is, therefore, not repugnant to the Holy Quran or Sunnah. Nor can, any objection be taken to the definition of iztrar in the Prohibition (Enforcement of Hadd), Order 1979. ‘Appeals dismissed. (Judgment dated 13-12-1980).PLD 1983-FS2C Page 55

Appeal not filed

2. Sh.P.No.1/K/1979Muhammad Shafi

MuhammadiVs.

The Federation of Pakistan

S.P.No.13/L/1979Muhammad Riaz Vs.

Federal Govt. another

L/WS.P.No.69/L/1979

L/WS.P.No.09/L/1980

L/WS.P.No.O2/K/1979

L/WS.P.No.12/K/1979

L/WS.P.No.07/K/1980

L/WS.P.No.04/K/1980

L/WS.P.No.20/L/1979

Qisas and Diyat Ord.

The death sentence U/S 302 PPC R/W Sec.109 and 111of PPC is un Islamic unless it is based on “Al-Haq”.

The court has declared that the judgment of the Shariat Bench of the Peshawar High Court 1-10-1979 in Gul Hassan Khan Vs Government of Pakistan reported as PLD 1980 Peshawar-1, declaring sections 54, 55 and 302 of the Pakistan penal code and sections 345 (7),401,402 and 402-B of code of Criminal Procedure with the relevant parts of the schedule repugnant to Injunctions of Islam has binding and holds the field (2) It is held by majority that section 302 PPC has also repugnant to Injunctions of Islam on the following additional ground:- No exemption of death sentence has been provided for (a) an offender who is insane at the time of execution and (b) a Parent killing his/her son (3) Sections 304 and 304-A have repugnant because they do not also provide for composition and payment “deeyat” (4) Sections 324,325,326,329,331 and 333 have repugnant because they do not also provide for Qisas or payment of compensation (Deeyat, ursh or Daman). (5) Further more sections 326 and 329 have repugnant because they do not provide for payment of “Deeyat” (6) Sections 335, and 338 are repugnant because they do not also provide for payment of Deeyat. (7) other provisions relating in hurt in chapter “XVI” of PPC have repugnant as they do not provide for absolute compundability and payment of compensation (Deeyat) ursh or

The Appeal has Filed in the Supreme CourtPLD 1989 SC Page-633.

2

Daman In cases in which (Right of a man) is treated to be predominated, the provisions of section 401,402,402-A and 402-B C.R.P.C. have not apply these sections have repugnant to the Holy Quran and Sunnah of the Holy Prophet (Peace be upon Him) to this extant this decision have take effect from 1st April, 1981, dated 23-9-1980PLD 1980 FSC Page-1.

3. Sh.P.No.02/L/1979Hafiz Muhammad Amin

Vs.Islamic Republic of

Pakistan & other

L/WSh.P.No.05-L/1979

L/WSh.P.No.06- L/1979


L/WSh.P.No.08 -L/1979






















Para 25(3) (d) of Martial Law Regulation 115, Land Reforms Act, 1972, Punjab Acquisition of Land (Housing) Act, 1973, Development of Cities Act, 1976, Capital Development Authority Ord.-XXIII, 1960, section 5, 7, 8, 14, 19, 20, 30, 31, of Punjab Pre-emption Act, 1913, read with Article 10 & 120 of Limitation Act, 1908 challenged pre-emption Cases being repugnant of injunction to the injunctions of Islam.

In view of the opinion of majority, the provisions of Martial Law Regulation1972, (MLR-115) and Land Reform Act, 1977, all these petitions have been dismissed vide Court’s order dated 13.12.1980.PLD-1981 FSC Page-23.

Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360.Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-8-1989 PLD 1990 SC Page-99.and The Rev.Petition has been dismissed being barred by time dated 14-12-1991

3

L/WS.P.No.55-L/1979


L/WS.P.No.57-L/1979
















L/WSh.P.No.27-P/1979



L/WSh.P.No.36-K/1979

L/WS.P.No.13-L/1980

L/WS.P.No.14-L/1980

L/WS.P.No.17-L/1980

L/WS.P.No.18-L/1980

L/WS.P.No.19-L/1980

L/WS.P.No.20-L/1980

L/WS.P.No.22-L/1980

L/WS.P.No.04-R/1980

L/WS.P.No.05-R/1980

L/WS.P.No.03-L/1980

L/WS.P.No.04-L/1980

L/WS.P.No.28-L/1979

4

L/WS.P.No.35-L/1979

L/WS.P.No.76-L/1979

L/WS.P.No.23-L/1980

L/WS.P.No.05-L/1980

L/WS.P.No.07-L/1980

L/WS.P.No.08-L/1980

L/WS.P.No.03-R/1980

4. S.P.No.03/L/1979Malik Haji Muhammad

Aslam etc Vs.Govt. of Punjab

i. ‘Acquisition of land’ (Housing Act 1973)

ii. Section 2(f) Punjab Development of Cities Act of 1976 challenged being repugnant to injunctions of Islam.

The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 23.


5. S.P.No.04/Q/1979Ghulam Kibriya

Vs.The Federation of

Pakistan

Request for omission of section offence of zina EHO, Ord.1979.

Dismissed on 14.4.1981. Appeal not filed

6. S.P.No.04/L/1979Malik Ghulam Jilani


Pakistan and others

Section 302 PPC, section 345 (7) Cr.P.c r/w column 6 of the second schedule of the Cr.P.c against the entry of section 302 PPC being contrary to the injunctions of Islam.

Disposed of as withdrawn.Order dated 28-4-1979.

Appeal not filed

7. S.P.No.05/L/1979Subedar Lal Khan Vs.

Central Government of Pakistan

Section 25 of MLR-115 challenged being repugnant to injunctions of Islam

The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 23 order dated 13.12.1980

Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360.Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on

5

10-8-1989 PLD 1990 SC Page-99.and The Rev.Petition has been dismissed being barred by time dated 14-12-1991

8. S.P.No.06/L/1979Sh. Ghulam Farooq Vs. Federation of Pakistan

Section 25(3)(d) of Martial Law Regulation 115 (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972) challenged being repugnant to injunctions of Islam



9. S.P.No.07/L/1979Muhammad Ali

Vs.Govt. of Pakistan

Sections 5,7,8,9,14,15 and 16 of Punjab Pre emption Act, 1913 and Para 25(3)(d) MLR-115 challenged being repugnant to injunctions of Islam



10. S.P.No.08/L/1979Muhammad Hussain

Vs. Islamic Republic of

Pakistan

Section 15 of the Punjab Pre emption Act, 1913 and Para 25(3)(d) LRR Act, 1972 challenged being repugnant to injunctions of Islam


Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360.Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are

6

Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-8-1989 PLD 1990 SC Page-99.and The Rev.Petition has been dismissed being barred by time dated 14-12-1991

11. S.P.No.09/L/1979Muhammad Bashir Vs.

Islamic Republic of Pakistan

Section 15 of the Punjab Pre emption Act, 1913 and Land Reform Regulation Act, 1972 challenged being repugnant to injunctions of Islam



12. S.P.No.10/L/1979Khizir Hayat

Vs. The Federation of

Pakistan, the Province of Punjab

Section 25 of MLR-115 and sections 16 and 17 of Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam



7

13. S.P.No.11/L/1979Muhammad

Vs. Fed: of Pakistan

Section 302 PPC; section 345(7) Cr.P.c. in the light of Injunction of Islam.

Dismissed in default.Order dated; 16-9-1979

Appeal not filed

14. S.P.No.12/L/1979Haji Rahim Bakhsh Vs.

Govt. of Pakistan

1.MLR-115 and Para 25 sub Para 3(d) and sub Para 5,6,7,8 and 9 of Land Reforms Regulation, 1972

ii. Section 15 and 16 of Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam

The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 23 order dated 13.12.1980,


15. S.P.No.12/K/1979Muhammad Shafi

MuhammadiVs.


Linked withS.P.No.1/K/1979Muhammad Shafi

MuhammadiVs.


Linked withS.P.No.2/K/1979 L/WS.P.No.4/K/1980 L/WS.P.No.7/K/1980 L/WGhazi and others Vs.


Linked withS.P.No.20/K/1979

Imadullah Unar Vs.

Federation of Pakistan and others

Linked withS.P.No.13/L/1979

The death sentence U/S 302 PPC R/W Sec.109 and 111of PPC is un Islamic unless it is based on “Al-Haq”.

The court has declared that the judgment of the Shariat Bench of the Peshawar High Court 1-10-1979 in Gul Hassan Khan Vs Government of Pakistan reported as PLD 1980 Peshawar-1, declaring sections 54, 55 and 302 of the Pakistan penal code and sections 345 (7),401,402 and 402-B of code of Criminal Procedure with the relevant parts of the schedule repugnant to Injunctions of Islam has binding and holds the field (2) It is held by majority that section 302 PPC has also repugnant to Injunctions of Islam on the following additional ground:- No exemption of death sentence has been provided for (a) an offender who is insane at the time of execution and (b) a Parent killing his/her son (3) Sections 304 and 304-A have repugnant because they do not also provide for composition and payment “deeyat” (4) Sections 324,325,326,329,331 and 333 have repugnant because they do not also provide for Qisas or payment of compensation (Deeyat, ursh or Daman). (5) Further more sections 326 and 329 have repugnant because they do not provide for payment of “Deeyat” (6) Sections 335, and 338 are repugnant because they

Appeal FiledPLD 1989 SC Page-633.

8

Linked with

S.P.No.69/L/1979

do not also provide for payment of Deeyat. (7) other provisions relating in hurt in chapter “XVI” of PPC have repugnant as they do not provide for absolute compundability and payment of compensation (Deeyat) ursh or Daman In cases in which (Right of a man) is treated to be predominated, the provisions of section 401,402,402-A and 402-B C.R.P.C. have not apply these sections have repugnant to the Holy Quran and Sunnah of the Holy Prophet (Peace be upon Him) to this extant this decision have take effect from 1st April, 1981, dated 23-9-1980PLD 1980 FSC Page-1.

16. S.P.No.13/K/1979Abdul Karim Ismail Vs.

Pir Muhammad etc

Challenged Mamon Community’ Rules about marriage, Rules about divorce, Vicarious liability of member, Fine and punishment.

Dismissed on 18.4.1981 due to lake of jurisdiction

Appeal has not filed.

17. S.P.No.13/L/1979Muhammad Riaz Vs.

Federal Govt. another

L/WS.P.No.69/L/1979

L/WS.P.No.09/L/1980

L/WS.P.No.01/K/1979

L/WS.P.No.O2/K/1979

L/WS.P.No.12/K/1979

L/WS.P.No.07/K/1980

L/WS.P.No.04/K/1980

L/WS.P.No.20/L/1979

Qisas and Diyat Ord.

1.First six petitions is the repugnancy of section 302 PPC and section 345 and 381 Cr.P.c with the Holy Quran and Sunnah

2. S.P.No.12-K/1979Section 109 and section 111 PPC being repugnant to the Sharia

3. S.P.No.13-K/1979Sections 401, 402 (b), 544 (a) Cr.P.c and section 134 Evidence Act.

4. S.P.No.01-K/1979, S.P.No.20-K/1979 the provision of section 337, 338 and 339 Cr.P.c along with provisions of section 114 (b) and 133 Evidence Act

5. S.P.No.04-K/1980Section 325, 326, 329,331,333,335,338 PPC

i. Criminal Procedure Code

Sub section 7 of section 354, section 381, section 430, section 401, to 402 (b), section 544 (a)

ii. Pakistan Penal Code 1860section 302 and 307

iii. Law of Evidencesection 134 challenged being repugnant to injunctions of Islam

The court has declared that the judgment of the Shariat Bench of the Peshawar High Court 1-10-1979 in Gul Hassan Khan Vs Government of Pakistan reported as PLD 1980 Peshawar-1, declaring sections 54, 55 and 302 of the Pakistan penal code and sections 345 (7),401,402 and 402-B of code of Criminal Procedure with the relevant parts of the schedule repugnant to Injunctions of Islam has binding and holds the field (2) It is held by majority that section 302 PPC has also repugnant to Injunctions of Islam on the following additional ground:- No exemption of death sentence has been provided for (a) an offender who is insane at the time of execution and (b) a Parent killing his/her son (3) Sections 304 and 304-A have repugnant because they do not also provide for composition and payment “deeyat” (4) Sections 324,325,326,329,331 and 333 have repugnant because they do not also provide for Qisas or payment of compensation (Deeyat, ursh or Daman). (5) Further more sections 326 and 329 have repugnant because they do not provide for payment of “Deeyat” (6) Sections 335, and 338 are repugnant because they do not also provide for payment of Deeyat. (7) other provisions relating in hurt in chapter “XVI” of PPC have repugnant as they do not provide for absolute

The Supreme Court has decided that the following sections of the PPC and CR.P.C. have against the Injunctions of Islam:-

(1) Section 299 to 338 of the PPC 1860.

(2) Section 109 of the PPC 1860.

(3) Section 54 of PPC and Section 401,402,402-A and 402-B of the code of Criminal Procedure.

(4) Section 345 of the C.R.PC. Procedure 1898.

(5) Section 381 of the CR.PC.

(6) Declaration in respect of section 133 of the Evidence Act, is called for as it

9

compundability and payment of compensation (Deeyat) ursh or Daman In cases in which (Right of a man) is treated to be predominated, the provisions of section 401,402,402-A and 402-B C.R.P.C. have not apply these sections have repugnant to the Holy Quran and Sunnah of the Holy Prophet (Peace be upon Him) to this extant this decision have take effect from 1st April, 1981. dated 23-9-1980 PLD 1980 FSC Page-1.

already stands repeated by the Qanoon-e-Shahadat Order 1984.

(7) Sections 377 to 339-A of the CR.PC. Accordingly it has held that this decision have effect from 23-3-1990 (dated 5-7-1989) in Shariat Review Petition 1-R/1990 the Supreme Court of Pakistan has directed the Government whereby the Provisions declared and held there in as repugnant to the injunctions of Islam which was take effect on 23rd March 1990 would now on the disposed of this review petition should take effect on 12th day of Rabi-ul-Awwal 1411 A.H. dated 29-8-1990.PLD 1989 SC Page-633.

18. S.P.No.14/L/1979M.Bakhsh

Vs. Federation of Pakistan

Land Reforms regulation 1972 paragraph 25 sub pre (3) clause (d) and section 30 of pre

In view of the opinion of majority, the provisions of Martial Law Regulation1972, (MLR-115) and Land Reform Act, 1977, all these petitions have

Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page-

10

emption act.1913 (Article 10 of limitation Act, 1908 petitioner praying that the above section of laws are repugnant to injunctions of Islam).

been dismissed vide Court’s order dated 13.12.1980.

360.Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-8-1989 PLD 1990 SC Page-99.and The Rev.Petition has been dismissed being barred by time dated 14-12-1991

19. S.P.No.15/L/1979M. Akram

Vs.Government of Pakistan

and others

Land Reforms regulation 1972 Punjab pre-emption Act, 1913 challenged being repugnant to injunctions of Islam.

In view of the opinion of majority, the provisions of Martial Law Regulation1972, (MLR-115) and Land Reform Act, 1977, all these petitions have been dismissed vide Court’s order dated 13.12.1980.


20. S.P.No.16/L/1979 Haji Sadiq Beig and

another Vs.

Province of Punjab etc

U/s 15 of Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam.

In view of the opinion of majority, the provisions of Martial Law Regulation1972, (MLR-115) and Land Reform Act, 1977, all these petitions have been dismissed vide Court’s order dated 13.12.1980.

Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360.Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-8-1989 PLD 1990 SC Page-99.and The Rev.Petition has been dismissed being barred by

11

time dated 14-12-1991

21. S.P.No.16/K/1979G.M. Salim and another

Vs.Federation of Pakistan

Representation of People Act, 1979 (Act No. LXXXV of 1976) is repugnant to the Injunctions of Islam.

Dismissed on 13.12.1980 Appeal has not filed.

22. S.P.No.17/L/1979Shah Muhammad Vs.

The Federation of Pakistan & the

Government of PunjabL/W

S.P.No.10/L/1980L/W

S.P.No.19/L/1979L/W

S.P.No.11/L/1980L/W

S.P.No.12/L/1980

Petitioner prayed that Section 4 of Muslim Family Laws Ord. VIII of 1961 and the effect of order pass Para 46 of west Pakistan rehabilitation settlement Scheme may kindly be declared being repugnant to injunctions of Islam.

Dismissed on 17.02.1981. However, this matter was not within the jurisdiction of this Court as mentioned in Court’s order dated 17.2.1981, passed in S.P.No.10-L/1980.

Appeal not filed

23. S.P.No.18/L/1979Mst. Zuhra Bibi

Vs. Government of Punjab

345 Cr.P.c which in terms does not include section 302 PPC as amongst the compoundable offence and subsection (7) challenged being repugnant to injunctions of Islam.

Vide Court order dated 28.4.1979. The matter has been disposed of as withdrawn.

Appeal not filed

24. S.P.No.18/K/1979Syed Masood Ahmad


L/WS.P.No.1/L/1979

Challenged Presidential Order NO.3 of 1979 dated 10.2.1979.

Dismissed on 13.12.1980(Original Judgment in S.P.No.1-L-1979)


25. S.P.No.19/L/1979Ch: Abdul Salam

Vs. The Federal Govt of

Pakistan & Province of Punjab

Petitioner praying that Section 4 of Muslim Family Laws 1961 be declare repugnant to injunctions of Islam.


Appeal not filed

26. S.P.No.19/K/1979Syed Masood Ahmad

Vs.President of Pakistan

Challenged Presidential Order NO.3 of 1979 dated 10.2.1979.


27. S.P.No.20/L/1979Muhammad Sharif

Vs.The Federal

Government of Pakistan

Petitioner prayed that the provision of Section 302 PPC providing Sentence of death awarded to the petitioners is contrary to the repugnant to injunctions of Islam.

Vide order dated 28.4.1979. The case was disposed of as withdrawn.

Appeal not filed

28. S.P.No.21/L/1979Asghar Ali Moona


and another

Petitioner praying that the Land Reform Regulation, 1972 Para 25, Sub Para 3(D) and Sub Para (5), (6), (7), (8) & (9) provision that a tenant at will has the prior west right of pre emption being repugnant to injunction of Islam.

Vide order dated 28.4.1979. The case was disposed of as withdrawn.

Appeal not filed

29. S.P.No.22/L/1979Muhammad Shariaf

Vs.

Petitioner prayed that for declaration a marriage solemnized

Dismissed in default vide Court’s order dated 16.9.1979.

Appeal not filed

12

The State without the permission and consent of Wahi, against the Sunnah of the Holy prophet (PBUH), and the provisions of Section 251 of Muhammadan Law, be omitted from the said Act, being repugnant to injunctions of Islam.

30. S.P.No.23/L/1979Ali Muhammad etc

Vs.The State

MLR-115, Para 25 3(d) and section 6 of the Act (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972) prayed that the above section may kindly be declared to be in contravention of Islamic Injunctions and Ultra-vires of Islamic Tenets being repugnant to injunctions of Islam.



31. S.P. No.24/L/1979Jahan Khan and others

Vs.Nazir and others

MLR-115, Para 25 3(d) (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972) prayed that it may kindly be declared that the tenants have no right of pre emption being repugnant to injunctions of Islam.



360.Sh.A.No.1,3,8,9,10 of 1981 and 1

of 1987 are Allowed and Sh. A.No 4 of 1981

with reservation contained in

Para 3 above of 1984 are partly Allow dated on 10-8-1989 PLD 1990 SC Page-

99.and The

Rev.Petition has been dismissed being barred by time dated 14-

12-1991

32. S.P.No.24/K/1979Essa E.H. Jaffar

Vs. Secretary of Pakistan

and another

Challenged the vires of Section 34 of Code of Civil Procedure and section 10 of the Pakistan Refugee

Dismissed on 13.6.1982, on the ground that the Pakistan Refugee Rehabilitation Finance Corporation Ordinance 1960 sets up a Corporation of the same by


13

Rehabilitation Finance Corporation Ordinance, 1960.

finances provided by the Government for lending money to small businessman in order to improve their financial position. This is an Ordinance which deals with Government finances. Even if the expression ‘fiscal law’ was used in the narrow meaning as urged by the counsel for the petitioner, the Ordinance would fall within its ambit also.

33. S.P. No.25/L/1979Qazlibash

Vs. Chief Land

Commissioner Punjab Lahore

MLR 115 Waqf Property challenged being repugnant to injunctions of Islam.



360.Sh.A.No.1,3,8,9,10 of 1981 and 1




99.and The


12-1991

34. S.P. No.26/L/1979Nisar Ahmed

Vs. Islamic Republic &

another

Punjab Pre emption Act, 1913 (Act 1 of 1913) and paragraph 25(d) of Law Reform Regulation 1972, Law of Limitation Act, 1908, petitioner prayed that the case may kindly be examined and it be declared that the said prices of legislation are against the repugnant to injunctions of Islam.

This appeal has been dismissed in default vide order dated 16.9.1979. However, the judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 23.


360.Sh.A.No.1,3,8,9,10 of 1981 and 1




99.and The


12-1991

35. S.P.No.27/L/1979Muhammad Ibrahim

Vs. Barkhurdar etc.

Section 3, 4, 14, 15, 19 & 20 of Punjab Pre emption Act, 1913, challenged being repugnant to



14

injunctions of Islam. 360.Sh.A.No.1,3,8,9,10 of 1981 and 1




99.and The


12-1991

36. S.P No.27/P/1979Pir Qutub Shah

Vs. The State

Provisions of NWFP Pre emption Act, 1950 challenged being repugnant to injunctions of Islam.

Final order is not available in the file, however, the judgment on the same subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 23


360.Sh.A.No.1,3,8,9,10 of 1981 and 1




99.and The


12-199137. S.P.No.28/L/1979

Malik Haji Muhammad Aslam etc Vs.

Federation of Pakistan

MLR 115, Punjab Acquisition of Land (Housing) Act, 1975, Punjab Development of Cities Act, 1976.



360.Sh.A.No.1,3,8,9,10 of 1981 and 1




99.and The

Rev.Petition has been dismissed

15

being barred by time dated 14-

12-199138. S.P No.28/P/1979

Raqeem Khan Vs.

Govt. of Pakistan

Section 2(IIA) of the Dissolution of Muslim Marriage Act, 1939 granting a wife the right to obtain divorce challenged being repugnant to injunctions of Islam.

Dismissed on 7.3.1981 being incompetent in view of the judgment of Supreme Court of Pakistan in Shariat Appeal No.2-P/1980

Appeal not filed

39. S.P.No.28/K/1979Habibur Rehman

KandhalviVs.


Linked with

S.P.No.66/L/1979Raja Mohammad Afsar

Vs. Federal Govt. of

Pakistan

Challenged validity of the Political Parties Act, 1962.

Challenged Political Parties (Amendment) Ordinance, 1979 (42 of 1979).

Dismissed on 13.12.1980 for want of jurisdiction



40. S.P.No.29/L/1979Sher Zaman etc


Pakistan

Section 4 of the Muslim Family Laws Ordinance 1961 petitioner prayed that the above section of Muslim Family laws are declare as being repugnant to injunctions of Islam.


Appeal not filed

41. S.P.No.30/L/1979Dilawar Khan etc


etc.

MLR 115 (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972) prayed that Section 15(b) of Punjab Pre emption Act, being repugnant to injunctions of Islam.



42. S.P.No. 31/L/1979Mr. Arshad and another


Section 15 of Punjab Pre emption Act, 1913 petitioner prayed that legal provision impugned herein may graciously be declared to be against repugnant to injunctions of Islam.


Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360.Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981

16

with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-8-1989 PLD 1990 SC Page-99.and The Rev.Petition has been dismissed being barred by time dated 14-12-1991

43. Sh.P.No.32/L/1979Abdul Hameed Dogar

etc.Vs.

Federation of Pakistan etc.

House Building Finance Corporation Act petitioner prayed that the Hon’ble Court may be pleased to grant a declaration that realization of interest by the HBFC against simple loans granted for construction is opposed to principle of Islam and the relevant provision in the statute, namely HBFC corporation Act ant the rules framed there under may please be declared void and struck down.

Dismissed as withdrawn vide Court’s order dated 15.9.1979.

Appeal not filed

44. Sh.P No.32/P/1979Aurangzeb


Section 6 of Muslim Family Law Ord. 1961 regarding second marriage challenged being repugnant to injunctions of Islam.

Dismissed on 17.2.1981 having no jurisdiction.

Appeal not filed

45. Sh.P.No.33/L/1979Atta Mohiuddin

Vs.Province of Punjab and

another

Sections 5, 7,9,12 to 15, 17, to 24, 28, 28-A and 30 of the Punjab Pre-emption Act 1913 and adopted by province of Punjab, are repugnant to Holy Quran and Sunnah and they have therefore no legal effect.



46. Sh.P.No.33/K/1979Habibur Rehman

Siddiqui Kandhelvee and another

Challenged the word “Jumhuriat” and the word “Islamic Republic of Pakistan” as


17


etc

repugnant to the Injunctions of Islam.

47. Sh.P.No.34/L/1979Muhammad Nawaz

AbbasiVs.


Sections 5, 13 & 33 of MLR (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972) petitioner prayed that the Hon’ble Court may please to examined the above Section MLR in the light the teaching of Islam based on the Holy Quran and Sunnah and declared to be invalid and repugnant so far as they deal with the Punishment of political worker and raising slogans motioned in the preceding paragraphs.

Dismissed for non-prosecution vide Court’s order dated 16.02.1982

Appeal not filed

48. Sh.P.No.35/L/1979Syed Bakhtiar Abbas

Vs.The Govt. of Punjab

Punjab Acquisition of Land (Housing) Act, 1973 r/w section 25 of the Punjab Development Cities Act, 1976 petitioner seeks declaration to the effect that the above mentioned provisions of the above Act are being repugnant to injunctions of Islam.



49. Sh.P.No.36/L/1979Khushi Muhammad


MLR. 115 (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972) petitioner prayed that the legal prevision impugned herein may graciously be declared to be repugnant to injunctions of Islam.


Appeal not filed

50. Sh.P.No.36/K/1979Syed Qammurul

Hasnain and others Vs.Fed. Govt. of Pakistan

.

Challenged the provision of MLR 115 (Land Reforms Regulation).

See Judgment in S.P.No.2-L-1979 as this court has already held in Hafiz Muhammad Amin vs. The Islamic Republic of Pakistan (PLD 1981 FSC 23) that this matter is not within the jurisdiction of this court.

Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360.Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are

18

Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-8-1989 PLD 1990 SC Page-99.and The Rev.Petition has been dismissed being barred by time dated 14-12-1991

51. Sh.P.No.37/L/1979Amir Sultan Shah etc.

Vs. Government of

Pakistan etc.

Section 302, 307, 452, 148, 149 PPC and section 345 Cr.P.c challenged being repugnant to injunctions of Islam.

Dismissed in default vide Court’s order dated 16.9.1979.

Appeal not filed

52. Sh.P.No.38/L/1979KaluVs.


Para 25(3) (d) of MLR-115, section 30 of Punjab Pre emption Act, 1913 and Article 10 of Limitation Act, 1908 petitioner prayed that the above section of Law being repugnant to injunctions of Islam.


Appeal not filed

53. Sh.P.No.38/K/1979Hakim Syed

Muhammad Warsi Vs.


Challenged the varies Martial Law Regulations 84, 89 and 91issued during the Martial Law regime of Field Martial Ayub Khan in regard to the scrutiny of claims of displaced persons migrating from areas other than ‘prescribed areas’ in India.


54. Sh.P.No.39/L/1979Muhammad Zakaullah

KhanVs.


Section, 5,7,8,9,14,15 and 16 of the Punjab Pre-emption Act,1913 and Paragraphs 25(3)(d)of the Martial Law Regulation 15 of 1972 petitioner prayed that the above sections may kindly declared to be Anti-Islamic and the Respondent No.2 may kindly be directed to make necessary amendment.


Appeal not filed

55. Sh.P.No.39/K/1979Meat Merchants

Welfare Association (Regd) Karachi

Vs.The Govt. of Sindh through the Secy.

Ministry of Law and Parliamentary Affairs

For striking down and declaring the West Pakistan Animals Slaughter Control Act, 1963 to be null & void on account of the same Absolutely un-Islamic and against all Quranic Injunctions.

Dismissed on 10.8.1980 as there is no substance in the petition.PLD 1983 FSC Page 25


19

Karachi56. Sh.P.No.40/L/1979

Syed Ghulam Mustafa ShahVs.


MLR-115, paragraph 25 (d) of Punjab Pre emption Act, 1913, Land Reform Regulation 1972, Article 10 and 120 of Limitation Act, 1908 the petitioner Prayed that the above Section may kindly declared being repugnant to injunctions of Islam.


Appeal not filed

57. Sh.P.No.41/L/1979B.Z. Kaikaus

VsFederal Government of

Pakistan

Section 3 & 4 of Political Parties Act, 1962, section 10 & 11 of House of Parliament and Provincial Assemblies (Election) Order, 1977, sections 2, 12, 14, 78 & 99 of Representation of Peoples Act, 1976 challenged being repugnant to injunctions of Islam.

The petition has been dismissed vide Court’s order dated 13.12.1980 with observation that the existing election laws do not need any amendment of the kind recommended in the leading judgment.PLD 1981 FSC Page 1

Appeal filed

PLD 1982 SC page 409

58. Sh.P.No.42/L/1979Ali Muhammad

Vs. Government of Pakistan

Section 302 PPC petitioner prayed that the provision of PPC pertaining to culpable homicide amounting to murder coupled with II schedule attached to Criminal Procedure Code, wherein Section 302 PPC has bee shown as non-compoundable may be examined and declared being repugnant to injunctions of Islam.

The petition was dismissed in default vide Court’s order dated 16.9.1979

Appeal not filed

59. Sh.P.No.43/L/1979Muhammad Latif etc.


etc.

MLR-115, Sections 30 of Punjab Pre emption Act, 1913 and section 10 of the Limitation Act petitioner prayed that it may graciously be declared that above section of Laws being repugnant to injunctions of Islam.


Appeal not filed

60. Sh.P.No.44/L/1979Mst. Bushra Bibi

Vs.Deputy Land

Commissioner Rahimyar Khan & 2

others

MLR-115, Land Reform Act II of 1977 and rules framed there under challenged being repugnant to injunctions of Islam


Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360.Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-8-1989 PLD

20

1990 SC Page-99.and The Rev.Petition has been dismissed being barred by time dated 14-12-1991

61. Sh.P.No.45/L/1979Malik Ghulam Haidar

Vs. Govt of Pakistan

Para 25 (3)(d) MLR 115 (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972) challenged being repugnant to injunctions of Islam


Appeal not filed

62. Sh.P.No.46/L/1979Muhammad Yousaf


Para 25 (3)(d) MLR 115, Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam


Appeal not filed

63. Sh.P.No.47/L/1979Mushtaq Ahmad Khan

Vs. Government of Punjab

etc.

Para 25 (d)(d)MLR-115, section 15 of Punjab Pre emption Act, 1913, Article 268 of Constitution of Islamic Republic of Pakistan r/w Schedule VI, item No.13 thereof challenged being repugnant to injunctions of Islam


Appeal not filed

64. Sh.P.No.48/L/1979Muhammad Iqbal


etc.

MLR-115, Punjab Pre emption Act, 1913 and Para 25 (d) of Land Reform Regulation, 1972 and Article 10 and 120 of Limitation Act 1908 challenged being repugnant to injunctions of Islam.


Appeal not filed

65. Sh.P.No.49/L/1979Ghulam Qadir


etc.

MLR-115, Para 25 (3) (d) of Land Reform Regulation, 1972 challenged being repugnant to injunctions of Islam.


Appeal not filed

66. Sh.P.No.50/L/1979Abdul Majeed Qureshi

Vs.Zulfiqar Ali Bhutto etc.

Whole schedule of legal and administrative system being repugnant to injunctions of Islam

This petition was dismissed in limine with observation that no particular law or provision of law has been assailed on the ground of repugnancy to Islam, wherefore, this petition is not covered by the provision of Article 302(b) of the Constitution vide Court’s order dated 16.9.1979.

Appeal not filed

67. Sh.P.No.51/L/1979Pehalwan Khan

Vs.Government of Punjab

and 2 others

(MLR-115), section 15 of Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam.


Appeal not filed

68. Sh.P.No.52/L/1979Salahuddin

Vs.Federal Government of

Section 2(a), 2(b) and 3(a) Section 5 section 6(2) and Section 17 of Ordinance VII offence

This petition has been disposed of as withdrawn vide Court’s order 16.9.1979

Appeal not filed

21

Pakistan etc. of Zina of 1979 be declared being repugnant to injunctions of Islam.

69. Sh.P.No.53/L/1979Muhammad Ishfaq


etc.

Section 15 of the Punjab Pre-emption Act (Act 1 of 1913) and Para 25(d) of the Land Reform Regulation, 1972 challenged being repugnant to injunctions of Islam

This petition was dismissed in default vide Court’s order dated 16.9.1979. However, the judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 23

Appeal not filed

70. Sh.P.No.54/L/1979Syed Ali Akbar

Vs.The State

(MLR 115), Sub clause vii of section 2 of Land Reform Act, 1977 challenged being repugnant to injunctions of Islam



71. Sh.P.No.55/L/1979Muhammad Uzair Shah

Vs. Land Commissioner Rahimyar Khan etc.

MLR 115, Sub clause vii of section 2 of Land Reform Act, 1977 challenged being repugnant to injunctions of Islam



72. Sh.P.No.56/L/1979Tehseen Ahmed Shah

Vs. Land Commissioner etc.

MLR 115, Sub clause vii of section 2 of Land Reform Act, 1977 challenged being

The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD

Paragraph 25(1) of the regulation has already been repugnant PLD-

22

repugnant to injunctions of Islam.

1981 FSC Page 23. 1986 SC Page- 360.Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-8-1989 PLD 1990 SC Page-99.and The Rev.Petition has been dismissed being barred by time dated 14-12-1991

73. Sh.P.No.57/L/1979Muhammad Awais Shah

Vs Dy Land Commissioner

Rahimyar Khan etc

MLR 115, Sub clause vii of section 2 of Land Reform Act, 1977 challenged being repugnant to injunctions of Islam.



74. Sh.P.No.58/L/1979Amina Bibi

Vs land Commissioner

MLR 115, Sub clause vii of section 2 of Land Reform Act, 1977 challenged being repugnant to injunctions of Islam


Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360.Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-8-1989 PLD 1990 SC Page-99.and The Rev.Petition has

23

been dismissed being barred by time dated 14-12-1991

75. Sh.P.No.59/L/1979Hazoor Bukhsh

Vs. Fed: of Pakistan etc.

L/W

Sh.P.No.62/L/1979M.I. Choudhary etc


Pakistan etc.

Section 2(a) 2(b) 2(d) 2(e) 5, 6, (2) 8 and 17 of the Ordinance, VII of 1979, punishment of Rajam challenged being repugnant to injunctions of Islam.

By a majority of four to one, both the petitions are allowed, and it is declared that the provisions of sentence of Rajam as Hadd in section 5 and 6 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 are repugnant to injunctions of Islam and that the only Hadd is one hundred stripes. Hon’ble Court has also directed that necessary amendments be made in the sections noted above.Judgment dated 21-3-1981.PLD-1981 FSC Page-145.

Appeal filed in the Hon’ble Supreme Court of PakistanAnd has been dismissed as withdrawn on 9.4.1983

76. Sh.P.No.60/L/1979Dr. Muhammad Azam


etc.

The Prohibition (Enforcement of Hadd) Order, 1979 challenged being repugnant to injunctions of Islam.

Dismissed on 16/9/1979 Appeal not filed

77. Sh.P.No.61/L/1979Muhammad Younas

Vs.Province of Punjab

(MLR 115), Para 25 (3)(d) of Land Reforms Regulation, 1972 challenged being repugnant to injunctions of Islam.

The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC .

Appeal not filed

78. Sh.P.No.62/L/1979M.I. Choudhary

Vs. Govt of Pakistan

Linked With

Sh.P.No.59/L/1979Hazoor Bukhsh


Section 2(a) 2(b) 2(d) 2(e) 5,6,(2) 8 and 17 of the Ord. VII of 1979, punishment of Rajam challenged being repugnant to injunctions of Islam

By a majority of four to one, both the petitions are allowed, and it is declared that the provisions of sentence of Rajam as Hadd in section 5 and 6 of the Offence of Zina (Enforcement of Hudood) Ord., 1979 are repugnant to injunctions of Islam and that the only Hadd is one hundred stripes. Hon’ble Court has also directed that necessary amendments be made in the sections noted above 21.3.1981PLD-1981 FSC Page-145

Appeal filed in the Hon’ble Supreme Court of Pakistan. And has been dismissed as withdrawn on 9.4.1983

79. Sh.P.No.63/L/1979Bashir Ahmed


(MLR 115), Para 25 (3)(d) of Land Reforms Regulation, 1972 and section 30 of Punjab Pre emption Act1913, Article 10 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam.


Appeal not filed

80. Sh.P.No.64/L/1979Elahi Bakhsh

Vs. Province of Punjab

Sub-sections (a) & (b) of section 15 of Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam.


Appeal not filed

81. Sh.P.No.65/L/1979Muhammad Ashraf


Pakistan etc.

Section 15 of the Punjab Pre emption Act, 1913 & Para 25(d) of the Land Reforms Regulation 1972 & Article 10 & 120 of Limitation Act, 1908 challenged being repugnant to


Appeal not filed

24

injunctions of Islam.82. Sh.P.No.66/L/1979

Raja Muhammad Afsar Vs. Federation of

Pakistan

Linked With

Sh.P.No.28/K/1979Habib-ur-Rehman

Khandhalvi Vs.

Govt. of Pakistan

Political Parties Act, 1962, Political Parties (Amendment) Ord., 1979 challenged being repugnant to injunctions of Islam.

The detailed judgment was passed in S.P.No.41-L/1979. The Hon’ble Court dismissed both these Shariat Petitions with observation that this Court has no jurisdiction to interfere with the Political Parties Act. Dated 13-12-1980

Appeal not filed

83. Sh.P.No.67/L/1979Mst. Zainab Bibi

Vs.Chairman Miani Sahib

Graveyard etc.

MLO No.131 of 1962 (personal grievance) challenged being repugnant to injunctions of Islam.

Dismissed for non-prosecution vide order dated 16.2.1980

Appeal not filed

84. Sh.P.No.68/L/1979Muhammad Hayat

Vs. Chairman Miani Sahib Graveyard Committee

etc.

MLO No.131 of 1962 (personal grievance) challenged being repugnant to injunctions of Islam.


Appeal not filed

85. Sh.P.No.69/L/1979Javed and other

Vs. The Federal

Government andLinked with

Sh.P.No.9/L/1980Linked with

Sh.P.No.13/L/1979

Qisas and Deeyat. Allowed on 23.9.1980, the provisions of sections 401, 402, 402-A and 402-B Cr.P.c shall not apply. These sections are repugnant to the Holy Quran and Sunnah of the Holy Prophet to this extent.PLD 1980 FSC Page 1

Filed in the S.C

PLD 1989 SC page 633

86. Sh.P.No.70/L/1979Muhammad Ishaque


Section 6 of Presidential Order XII of 1979 (regarding drinking of liquor) challenged being repugnant to injunctions of Islam.


Appeal not filed

87. Sh.P.No.71/L/1979Mian Zahoor Ahmed

Vs.Central Government of

Pakistan

Section 6 of Order XXII of 1979 as being repugnant to the injunctions of Islam.

This appeal was dismissed as incompetent. Dated 18-3-1980

Appeal not filed

88. Sh.P.No.72/L/1979Salim Akhtar Khan


another

Section 15 of the Pre emption Act, 1913 challenged being repugnant to injunctions of Islam.


Appeal not filed

89. Sh.P.No.73/L/1979Nazeer Ahmed


etc.

Section 25(3)(d) of MLR (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972)115 r/w section 6 Act 48 of 1976 challenged being repugnant to injunctions of Islam

The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980.

Appeal not filed

90. S.P.No.74/L/1979Fazal Muhammad


Section 15,16 of the Punjab Pre emption Act, 1913, paragraph 25(d) of Land Reforms Regulation, 1972, Article 10 and 120 of Limitation Act, 1908


Appeal not filed

25

challenged being repugnant to injunctions of Islam.

91. Sh.P.No.75/L/1979Umar Din


MLR 115, Para 25, sub Para (3) clause (d) of Land Reforms Regulation, 1973 challenged being repugnant to injunctions of Islam.


Appeal not filed

92. Sh.P.No.76/L/1979Baboo Ali Haider etc.


Pakistan

Provisions of the C.D.A. Ord. XXIII of 1960 regarding acquisition of private land challenged being repugnant to injunctions of Islam.


Appeal not filed

1980S. No. Shariat Petition No. &

Party NamesLaw Challenged FSC Decision Appeal filed in

the Hon.Supreme Court of Pakistan or not with Status

93. Sh.P.No.1/L/1980Mr.Noshir Rustam

SidhwaVs.


Sh.Rew.P.No.18/I/1981

The Present petition has been filed by a follower of the Zoroastrian religion to challenge the provisions placing an embargo on possession and consumption of liquor (Section 3-4) and the provisions about issuance of licenses for import, manufacture etc. to a person in respect of any Institution whether under the management of the Government or not (Sections 6, 11-B, 12 and 14).

The Federal Shariat Court, renders its Judgment to be self

Dated: 27-4-1981It was held that the extension of prohibition, in the Prohibition (Enforcement of Hadd) Order, 1979 to a non-Muslim was not repugnant to the Holy Quran and Sunnah of the Holy Prophet. The petition was dismissed to this extent. It was, however accepted in regard to the contention against the legality of Section 17 of the order, and it was declared that the provision in that Section allowing an Institution whether under the management of the Government or not, if manned by Muslims is repugnant to the Holy Quran and the Sunnah in view of the ban imposed by the Sunnah of the Holy Prophet on possession or sale of liquor by Muslims. It was directed that necessary amendment in section 17 be made by the 30th of June, 1981 to allow only such Institutions as are entirely manned by non-Muslims and profit of which are shared by them, to manufacture, import, transport, sale or possess liquor for the purposes enumerated in clause (a) of Section 17 or for its export, as provided in clause (b) thereof.PLD 1981, FSC Page 245

The Court gone through the review petition but It find this question was not raised on behalf of the Government. The only question which was raised was that of discrimination which we

Sh. A.No. 17/1981. The Hon’ble Supreme Court has partly allowed on 11-1-1988.

26

contradictory, while rejection the petition the learned Judges have held that the Muslim and non-Muslim citizens are equal for the purposes of the said order whereas in the impugned observation they have made a discrimination between the Muslim and non-Muslim citizens for the purposes of section 17 of the said Order.

have already dealt with. The petition is therefore dismissed on 22-06-1982

94. Sh.P.No.1/I/1980Muhammad Duryab

Yousaf Qureshi Vs.

Chairman Wapda

The only question involved is whether the amendment in section 17 of the Wapda Act by which the authority was invested with a power to retire or remove of its employ without assigning any reason after giving not less than thirty days notice or payment of salary for the period of such notice, other terms and condition of service notwithstanding, is repugnant to the Holy Quran and Sunnah of the Holy Prophet (PBUH)

Dismissed in limine on 8.8.1981, on the ground that the law involved in this petition in any way against the spirit of Islam. Sharia has given much flexibility to the relationship of employer and employ which is contractual relationship.PLD 1983 FSC Page 17


95. Sh.P No.01/P/1980Sher Ali Khan

Vs. Govt. of Pakistan etc.

MLR-115 of 1972 regarding grant of land free of charge to tenants and Law Reform Act, 1977 challenged being repugnant to injunctions of Islam

The judgment on the same subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 23

Appeal not filed

96. Sh.P.No.1/K/1980Dr. Amanat Ali and

othersVs.


Linked with

Sh.P.No.2/K/1980Abdul Hussain

S.MotiwalaVs.

Sayedna Dr. Surhanuddin and other

Prayed that the Court to declare that the taking of presently operative “Misaq” from members of Dawoodi Bohra Community is against the Quran and the Sunnah of the Prophet and the teachings of Islam

Prayed that the court may be decided and examined whether or not the police usage of taking to and retaining in the than a man, woman or child under section 54 and 61 of Cr.P.C is repugnant to the injunctions of Islam

Dismissed on 3.8.1980

Dismissed on 16.12.1980 for want of jurisdiction.


27

97. Sh.P.No.1/K/1980(A)

Ghufran ZaidiVs.

The President of Pakistan

Concerns a Contract between private parties.

Dismissed for want of jurisdiction on 16.12.1980


98. Sh.P.No.2/I/1980Qari Nishan Ali Abbasi

Vs.The State

The petitioner has challenged the Order passed by MLA Zone’B’ on the allegation he had not right to commute the death sentence into life imprisonment and the decision was repugnant to injunction of Islam and that the State has no power to commute sentence , this power being vested only in the heirs of the deceased, whether they pardon the murderer or taken ‘Diyat’ (blood money)

This petition is not entertain able being a personal matter and shall be returned to the petitioner on 13.1.1981.


99. Sh.P.No.2/L/1980M. Iqbal and another


Pakistan

Challenged section 4 of the Muslim Family Laws Ordinance, 1961. Share of grandson and granddaughter.

Dismissed for non-prosecution on 16-2-1980.


100. Sh.P.No.2/K/1980Abdul Hussain

S.MotiwalaVs.

Sayedna Dr. Surhanuddin and other

Prayed that the court may be decided and examined whether or not the police usage of taking to and retaining in the thana a man, woman or child under section 54 and 61 of Cr.P.C is repugnant to the injunctions of Islam



101. Sh.P.No.03/L/1980Bashir Ahmed etc.

Vs.Central Government of

Pakistan etc.

Section 25 of MLR 115 (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972)challenged being repugnant to injunctions of Islam


Appeal not filed

102. Sh.P.No.3/I/1980Fazal Rahman

Foundation Vs.

The Federation of Islamic Republic of Pakistan and others

For a declaration that the Punjab Acquisition Act of 1973 and the Punjab Development of Cities Act,1976 as well as the provision of article 24 of the Constitutional of 1973 is offend against the fundamental principles of law of the Sharia and are repugnant to the injunctions of Quran and Sunnah

Dismissed on 13.12.1980 , in view of the judgment in S.P.No.2-L-1979 (Hafiz Muhammad Ameen Vs. Islamic Republic of Pakistan and others)

Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360.Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-8-1989 PLD 1990 SC Page-99.

28

and The Rev.Petition has been dismissed being barred by time dated 14-12-1991

103. Sh.P.No.3/K/1980Mukhtar Ahmad

ChoudharyVs.


Challenged the validity of certain provisions of MLR-115 of 1972.



104. Sh.P.No.04/L/1980Gulab Din


Para 25(3)(d) of MLR 115, Punjab Pre emption Act, 1913, Article 10 & 120 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam


Appeal not filed

105. Sh.P.No.4/I/1980Azmat Ali and 2 others


For a declaration that the provisions of Land Reform Regulation 115 of 1972 contained in Para 13 by which the land in excess of the area permissible for retention under Para 3 of the regulation is vested absolutely in Govt: free from any encumbrance or charge and without payment of any compensation is illegal and repugnant to the injunctions of Islam and, therefore, void.



106. Sh.P.No.4/K/1980Jalil Ahmad Khan


Validity of the Law of Limitation

Dismissed on 19.4.1981 on the ground that the court had already held that the Law of Limitation is Procedural law and as such this Court has no jurisdiction.PLD 1980 FSC Page-1.


107. Sh.P.No.5/I/1980Sardar Sultan Mehmood

KhanVs.

Govt: of Pakistan

For a declaration and decision that the provisions of Land Reform Regulation 115 of 1972 contained in para 13 by which the land in excess of the area permissible for retention under para 3 of the regulation is vested absolutely in Govt: free from any encumbrance or charge and without payment of any compensation, is illegal and repugnant to the injunctions of Islam,


Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360.Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-8-1989 PLD 1990 SC Page-

29

and therefore, void. 99.and The Rev.Petition has been dismissed being barred by time dated 14-12-1991

108. Sh.P.No.05/L/1980Rasheed Ahmed

Vs.The Government of

Punjab

Section 14 & 15 of Punjab Pre emption Act, 1913, MLR 115, section 10 & 120 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam.



109. Sh.P.No.5/K/1980Abdul Rehman


Challenged section 19 of the C.P.C as un-Islamic.

Disposed of on 20.12.1980 as this Court has no jurisdiction to deal with the procedure of Court.


110. Sh.P No.05/P/1980Syed Khushhal Khan

etc. Vs.

Fed: Govt. of Pakistan

Para 22, 24, 25 of Land Reform Regulation (MLR-115) of 1972 challenged being repugnant to injunctions of Islam

The judgment on the same subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 23

Appeal not filed

111. Sh.P.No.6/I/1980Mirza Muhammad Amin

and others Vs.


Challenged Military Law, Rules Law, Instructions, Regulations, etc as repugnant to the injunctions of Islam.

Dismissed on 13.3.1982 on the ground that being payable on account of after death it is not property of the deceased but is a gift or bounty of the State to his widow and it is also not heritable. This was conceded by the learned counsel for the petitioner too.PLD 1982 FSC Page 143

Filed in the Supreme Court request for with drawl the same having become in infrecutious dt.6.2.1991.

112. Sh.P.No.06/L/1980Abu-Dawood

Muhammad Sadiq Vs.


National Registration Act, 1973 petitioner prayed that the provisions of the National Registration Act 1973 and rules made there under whereby the citizen of Pakistan have been required to affix their Photographs on the application forms for issuance of identity cards are opposed to Islam and Hence Void and of no legal effect..

Dismissed vide Court’s order dated 03.12.1980 with observation that Hon’ble Court did not find the law repugnant to the injunctions of Islam.PLD 1982 Page 36, FSC

Appeal filed in the Hon’ble Supreme Court of Pakistan and dismissed on dated 16-5-1984. PLD 1986 SC Page 564

30

113. Sh.P.No.6/K/1980Anwar beg Mirza


and others

Personal grievance. Dismissed on 20.12.1980 for want of jurisdiction


114. Sh.P.No.7/R/1980Masood Ahmad Zubari

Vs. Govt: of Pakistan

Against non-payment of arrears

Returned on 11.11.1980as the petitioner has not challenged any provisions of law


115. Sh.P.No.07/L/1980Sh. Nasarullah Mushtaq

etc. Vs.

Govt. of Pakistan

Para 25(3)(d) of MLR-115, Punjab Pre emption Act, 1913, Article 10 & 120 of Limitation Act, 1908 petitioner prayed that the above Sections of law may kindly be examined and it be declared that the said pieces of legislation are against the injunctions of Islam.



116. Sh.P.No.7/K/1980Muhammad Hamza

HashmiVs.


Law of procedure Dismissed on 21.12.1980 for want of jurisdictionPLD 1980 FSC Page-1.


117. Sh.P.No.8/R/1980Muhammad Afsar

Vs. Abdul Hamid and

others

Challenged the right of pre emption granted to a tenant under Para 23 (3) (d) of the Land Reform Regulations, 1972 (MLR 115) on account of its being repugnant to the injunctions of Islam


Filed in the S.CPLD 1986 SC Page 360, SC 1990 Page 99

118. Sh.P.No.08/L/1980Mistri Muhammad

HussainVs

Siraj-ud-Din

M-L-R 115 petitioner prayed that the Hon’ble Court may kindly declare that the right of pre-emption are enacted in the pre-emption Act, 1913 are being repugnant to injunctions of Islam.



119. Sh.P.No.8/K/1980Habib Hassan Qadri


Linked with

Validity of Fiscal law, namely Interest Act,1839,Section 22 of State Bank of Pakistan Act,1956 and Sections 25(2) and 26(1) of the Banking Companies Ordinance,1962

Dismissed on 22.12.1980 , on the ground that under the Constitution all fiscal laws and any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure are put outside the pale of jurisdiction of this court for three years from the commencement of the chapter of the Constitution containing Article 203-A to 203-H


120. Sh.P.No.9/I/1980Malik Muhammad Nisar

Vs. Faryad and another

Sec.253 (d) of Martial Law Regulation No.115.

Dismissed on 13.12.1980, in view of the judgment in S.P.No.2-L-1979

Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360.Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allowed and Sh.

31

A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-8-1989 PLD 1990 SC Page-99.and The Rev.Petition has been dismissed being barred by time dated 14-12-1991

121. S.P.No.9/L/1980Niaz Hussain

Vs... Federation of Pakistan



Qisas and Deeyat. Allowed on 23.9.1980, the provisions of sections 401, 402, 402-A and 402-B Cr.P.c shall not apply. These sections are repugnant to the Holy Quran and Sunnah of the Holy Prophet to this extent.PLD 1980 FSC Page-1.

Filed in the S.CPLD 1989 SC Page-633.

122. S.P.No.9/K/1980Habib Hassan Qadri


Linked with

S.P.No.10/K/1980Shraf Hassan Qadri

Linked with

S.P.No.11/K/1980 & 12/K/of 1980

Habib Hassan Qadri Vs.Federation of Pakistan

Validity of Fiscal law, namely Interest Act,1839,Section 22 of State Bank of Pakistan Act,1956 and Sections 25(2) and 26(1) of the Banking Companies Ordinance,1962

Validity of Fiscal law, namely Inter4est Act,1839,Section 22 of State Bank of Pakist5an Act,1956 and Sections 25(2) and 26(1) of the Banking Companies Ordinance,1962

Validity of Fiscal law, namely Interest Act, 1839, Section 22 of State Bank of Pakistan Act, 1956 and Sections 25(2) and 26(1) of the Banking Companies Ordinance, 1962.

Dismissed on 22.12.1980 , on the ground that under the Constitution all fiscal laws and any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure are put outside the pale of jurisdiction of this court for three years from the commencement of the chapter of the Constitution containing Article 203-A to 203-H

Dismissed on 22.12.1980 , on the ground that under the Constitution all fiscal laws and any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure are put outside the pale of jurisdiction of this court for three years from the commencement of the chapter of the Constitution containing Article 203-A to 203-HDismissed on 22.12.1980 , on the ground that under the Constitution all fiscal laws and any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure are put outside the pale of jurisdiction of this court for three years from the commencement of the chapter of the Constitution containing Article 203-A to 203-H


123. S.P.No.10-L/1980Haq Nawaz

Vs. Govt. of Pakistan

through Ministry of

Section 4 of the Muslim Family Laws Ord. challenged being repugnant to injunctions of Islam.

Dismissed on 17.2.1981 as the matter was not with the jurisdiction of this Court.

Appeal not filed

32

Law,L/W

S.P.No.17/L/1979L/W

S.P.No.19/L/1979L/W

S.P.No.11/L/1980L/W

S.P.No.12/L/1980124. S.P.No.10/R/1980

Malik Muhammad Saleh Vs.

Faryad and another

Section 253(d) of Martial Law Regulation No.115.

Dismissed on 13.12.1980,in view of the judgment in S.P.No.2-L-1979.


125. S.P.No.11/I/1980Mst. Husan Pari

Vs. Fazal Akbar and other

Martial Law Regulation No.115 of 1972.

Dismissed on 13.12.1980, in view of the judgment in S.P.No.2-L-1979


126. S.P.No.11/L/1980Muhammad Yar and

anotherVs.

Federal Government of Pakistan etc.

Petitioner prayed that it may be graciously declared that section of Muslim Family Laws Ordinance, 1961 is being repugnant to injunctions of Islam.

Dismissed on 17.2.1981 as the matter was not with the jurisdiction of this Court

Appeal not filed

33

127. S.P.No.12-I-1980Muhammad Tahir and

two others Vs.

Mirwais

Petition of civil nature regarding property

Returned to the petitioner as the petitioner has not challenged any provision of law being repugnant to the injections of Islam.9.12.1980 Returned.


128. S.P.No.12/L/1980Lal etc


Section 4 of the Muslim Family Laws Ord. challenged being repugnant to injunctions of Islam.

Dismissed on 17.2.1981 as the matter was not with the jurisdiction of this Court.

Appeal not filed

129. S.P.No.13/I/1980Muhammad Ishaq


Pakistan etc

For a declaration to the effect that the operation and Custom and usages , as repugnant to the injunctions of Islam

Allowed on 19.5.1981, on the ground that the Custom allowing challenged by collaterals to the alienation of property inherited under custom by a full honour is declare to be repugnant to the injunctions of Islam. It has also been held by the court that necessary amendment in the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 shall be made by the 30.6.1981,PLD 1981 FSC Page 278

Filed in the Supreme CourtDismissed on 10.4.1983.

130. S.P.No.13/L/1980Feroz


M-L-R 115 petitioner prayed that the Hon’ble Court may kindly declare that the right of pre-emption are enacted in the pre-emption Act, 1913 are being repugnant to injunctions of Islam.



131. S.P.No.13/K/1980Begum Raffia Ahmad

and others Vs.


Linked with

S.P.No.14/K/1980Syed Hussain and

othersVs.


MLR-115 of 1972

MLR-115 of 1972



Appeal not Filed

Filed in Supreme Court of Pakistan and dismissed 27-2-1987.

132. S.P.No.14/I/1980Syed Riasat Ali


Challenged the existing Laws designed to bring barren lands under cultivation

Dismissed on 17.1.1981on the ground that the relief regarding returned of the land after the lease has already expired is beyond the scope of the jurisdiction of this Court


133. S.P.No.14/L/1980Ahmed Ali


Para 25(3) (d) of MLR 115, Punjab Pre emption Act, and 1913 Article of 10&120 of Limitation Act, 1908. Section 5, 2,…9 and Section 19, 20 Pre emption Act, petitioner prayed that the above section of laws the against are being repugnant to injunctions of Islam.



34

134. S.P.No.14/K/1980Syed Hussain and

othersVs.


MLR-115 of 1972 Dismissed on 23.12.1980 Filed in Supreme Court of Pakistan and dismissed 27-2-1987.

135. S.P.No15/I/1980Zakir Muhammad Khan

Vs. The Divisional Engineer

Workshop , Mughalpura, Lahore

Challenged Article 10 of the Limitation Act and section 30 of the pre emption Act alongwith the other provisions contained in the said Acts whereby a non-Muslim is permitted to exercised the right of pre emption against property purchased or owned by a Muslim, as repugnant to the injunctions of Islam

Dismissed on 13.12.1980, in view of the judgment in S.P.No.2-L-1979 Hafiz Muhammad Amin Vs. Islamic Republic of Pakistan and others


136. S.P.No.15/L/1980Zakir Muhammad Khan

Vs.The Div. Engineer (Rly)

LHR etc.

L/WS.P.No.21/L/1980

Under Islamic Code of Life for right of employment and residential accommodation occupational under bilateral contract between employer & employees, Labour Laws in respect of Railways challenged being repugnant to injunctions of Islam

Dismissed on 4.10.1980 as the Court has no jurisdiction.

Appeal not filed

137. S.P.No.15/K/1980Saeed ullah Kazmi Vs. Federation of Pakistan

Not challenged any Law

Dismissed on 23.12.1980 as the petition is incompetent.

Filed in the Supreme Court of Pakistan and dismissed on 22-10-1983.

138. S.P.No.16/L/1980Inyat Muhammad Vs.


U/s 10 of the Colonization of the Government Land Act petitioner prayed that the Hon’ble Court may be pleased to declare the condition of resumption during or at the expiry of the original lease and also condition as to the surrender of land beyond 12-1/2 acres conte3ined in the notification of 1979 are being repugnant to injunctions of Islam.

Dismissed as withdrawn on dated 4-2-1981.

Appeal not filed

139. S.P.No.16/I/1980Nadar Khan

Vs. Asfandyar etc

Application against Order of High Court Peshawar dated 6.11.1978.

Returned to the petitioner on 29.11.1980 for want of jurisdiction


140. S.P.No.16/K/1980Khurshid Alam Siddiqui

Vs.Muslim Commercial

Bank and another

Personal grievance Dismissed on 3.8.1980 for want of jurisdiction


141. S.P.No.17/L/1980Dost Muhammad etc.


Para 25(3)(d) of MLR 115, Punjab Pre emption Act, 1913 petitioner prayed that

The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD

Paragraph 25(1) of the regulation has already been repugnant PLD-

35

Pakistan aforesaid provisions of law may kindly be adjudged to be repugnant to the tenets of Islam and to have ceased effect as from the 12th of Rabi-ul-Awal, 1389 Hijri, i.e. the promulgation of the Constitution (Amendment) Order, 1979.

1981 FSC Page 23. 1986 SC Page- 360.Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-8-1989 PLD 1990 SC Page-99.and The Rev.Petition has been dismissed being barred by time dated 14-12-1991

142. S.P.No.17/K/1980Al-Hajj H.I.Sheikh

Vs.Mr. Mehmood A.

Haroon and others

System of Ballot for picking up persons who are allowed to proceed on Hajj.

Summarily dismissed on 4.8.1980 for want of jurisdiction.


143. S.P.No.18/L/1980Inyat Ali etc.


Para 25(3) (d) of MLR 115, Section 15(c) Punjab Pre-emption Act, 1913 is Kindly declared to be repugnant to injunctions of Islam.



144. S.P.No.18/K/1980Habib ur Rehman and another Vs. Federation

of Pakistan

Some customs exists for less it has the force of law.

Summarily dismissed on 28.7.1980 for want of jurisdiction.


145. S.P.No.19/R/1980Mian Haider Khan Vs.

Haji Kishawar and others

Dispute between the parties overland

Returned to the petitioner on 17.11.1980 for want of jurisdiction


146. Sh.P.No.19/L/1980Jamal Din & another

Vs. Muhammad Sher &

others

Para 25(3)(d) of MLR 115 (regarding Punjab Pre-emption Act, 1913, Land Reform Act, 1972) challenged being repugnant to injunctions of Islam



147. S.P.No.20/I/1980Khadim Hussain and

anotherVs.

Muhammad Saddique and another

Paragraph 25 (3) (d) of Martial Law Regulation No.115 of 1972 as repugnant to the injunctions of Islam.

Dismissed on 13.12.1980, in view of the judgment in S.P.No.2-L-1979 Hafiz Muhammad Amin Vs. Islamic Republic of Pakistan and others.

Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360.Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-8-1989 PLD 1990 SC Page-99.and The

36

Rev.Petition has been dismissed being barred by time dated 14-12-1991

148. Sh.P.No.20/L/1980Sh. Abdul Waheed Vs.


Section 15 Punjab Pre emption Act, 1913 be declared to be repugnant to injunctions of Islam.



149. S.P.No.21/I/1980Ali Muhammad


Pakistan

Paragraph 25 (3) (d) of Martial Law Regulation No.115 of 1972 as repugnant to the injunctions of Islam.

Dismissed on 13.12.1980, in view of the judgment in S.P.No.2-L-1979 Hafiz Muhammad Amin Vs. Islamic Republic of Pakistan and others


150. Sh.P.No.21/L/1980Zaheer Muhammad

KhanVs.

The Divisional Engineer

Under Islamic Code of Life for right of employment and residential accommodation occupational under bilateral contract between employer & employees, Labour Laws in respect of Railways challenged being repugnant to injunctions of Islam

Dismissed on 4.10.1980 as the Court has not jurisdiction.

Appeal not filed

37

151. Sh.P.No.22/L/1980Mst: Khalida Adeeba

etc.Vs.

Government of Pakistan etc.

Para 25(3) (d) of MLR 115, Punjab Pre emption Act, 1913, Article 10 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam.



152. S.P.No.22/I/1980Bhai Khan and 4 others

Vs.The Federal

Government of Pakistan and others

L/W Cr.A.No.24/I/1980

Section 32 of the Colonization of Govt: Lands (Punjab) Act, 1912.

Dismissed on 17.1.1981without substance. The Court has been pleased to held, that it would be entitled to resume or re-enter the demised land on the termination of the period of lease or in the event of the violation of any term thereof on the part of the lessees. Moreover, the impugned Act, as is apparent from its title and preamble, governs land vesting in the state. PLD 1981 FSC Page 139

Appeal filed in S.C and dismissed on 10.4.1983

153. Sh.P.No.23/L/1980Muhammad Anwar etc.


etc.

Para (3)(d) of MLR 115, Sections 3,4,7 to 12 of the Punjab Acquisition of Land (Housing) Act, 1973.



154. S.P.No.23/I/1980Ayub Bakhsh Awan


and others

Article 10 of MLR No.115 challenged

Dismissed on 14.6.1981. The Court has already held in Hafiz Muhammad Amin Vs. Islamic Republic of Pakistan( PLD 1981 FSC 23) That the provisions of this regulation, which relate to the ceiling or land ownership or provide for acquisition of surplus area by the government are constitutionally protected and it is not within the jurisdiction of this court to go into there vires, even in the light of Holy Quran and Sunnah of the Holy Prophet (PBUH)


155. Sh.P.No.24/L/1980Muzaffar Khan


Section 4 of the Family Law 1979 challenged being repugnant to injunctions of Islam.

Dismissed on 17.2.1981 Appeal not filed

156. S.P.No.24/I/1980Mian Muhammad Saeed

Shad Vs.

Govt: of PunjabL/W

S.P.No.22/I/1980

Section 32 of the Colonization of Govt: Lands (Punjab) Act, 1912.

Dismissed on 17.1.1981without substance. The Court has been pleased to held, that it would be entitled to resume or re-enter the demised land on the termination of the period of lease or in the event of the violation of any term thereof on the part of the lessees. Moreover, the impugned Act, as is apparent from its title and preamble, governs land vesting in the State,PLD 1981 FSC Page 139

Appeal has filed.

157. Sh.P.No.25/L/1980Mallah and others


Pakistan

Para 25(3)(d) of MLR 115 (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972)challenged being repugnant to injunctions of Islam



158. S.P.No.26/I/1980Obaidur Rahman

Vs.

Regarding interest by HBFC Islamabad.

Returned on 30.12.1980 as the petitioner has not challenged any specific rules against the


38

Federation of Pakistan injunctions of Islam159. Sh.P.No.27/L/1980

Inamullah Khan AkramVs.

Mst. Saeeda Begum & others

Muslim Waqaf Validating Act, 1913 petitioner prayed that this Hon’ble Court may kindly declare the Waqf-Nama as illegal, void and imperative in accordance with Shariat Laws being repugnant to injunctions of Islam

Dismissed on note Portion 13-12-1980.


160. Sh.P.No.28/L/1980Imam shah and another


Understanding Order 18 of the West Pakistan I.C. Employment 1968 challenged being repugnant to injunctions of Islam

Dismissed on 27.05.1981 being the matter not concerned with this Court

Appeal not filed

161. Sh.P.No.29/L/1980Mirajuddin


No law challenged being repugnant to injunctions of Islam.

Petition returned being incompetent. Dated 18-01-1981

Appeal not filed




162. Sh.P.No.01/L/1981Allah Ditta


Pakistan

Limitation Act, 1908 challenged being repugnant to injunctions of Islam.

Petition returned being incompetent vide order dated 25.1.1981

Appeal not filed

163. S.P.No.01/I/1981Qazi Sirajuddin


MLR-115, section 15 and 16 of Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam

Dismissed on 28.2.1981 with observation that the judgment in the aforesaid subject matter was already passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980.PLD 1981 FSC Page-23

Appeal not filed

164. S.P No.01/P/1981Nadir Khan

Vs. Asfandyar etc.

Regarding of right of pre emption as no specific has been challenged being repugnant to injunctions of Islam

Dismissed on 8.3.1981 being incompetent.

Appeal not filed

165. S.P.No.01/Q/1981Ghulam Kibria


Pakistan

Zakat & Usher Ord. 1980 relating to assessment, collection & disbursement of Zakat & Usher challenged being repugnant to injunctions of Islam

The petition was without force and dismissed, on 13.4.1981PLD 1982 FSC Page 1

Appeal not filed

166. S.P.No.01/K/1981Mohsin A.Rehman &

others Vs.

Federal Govt. of Pakistan etc.

Land Acquisition Act, 1894, Karachi Development Authority Order, 1957 challenged being repugnant to injunctions of Islam

Dismissed on 28.7.1982 with observation that Hon’ble Court cannot interfere with the said section without issuing a notice to the Govt. concerned for excise of suo-moto jurisdiction u/a 203-D of the Constitution. PLD 1982 FSC Page 233

Appeal not filed

167. S.P.No.02/I/1981Abdul Rehman

Vs...

Not specific provision of law but his personal grievance regarding

Dismissed having no jurisdiction on 3.3.1981

Appeal not filed

39

Fateh Alam false evidence has been challenged being repugnant to injunctions of Islam

168. S.P.No.02/L/1981Salamat Ali Khan

Vs.Province of Punjab etc.

Not law challenged being repugnant to injunctions of Islam.

Petition was dismissed being not entertain able vide order dated 6.8.1981

Appeal not filed

169. S.P No.02/P/1981Sahar Din

Vs.Mst. Bagh Bibi etc.

No specific law Muslim Family Law Ord. 1961 has been challenged being repugnant to injunctions of Islam

Original petition returned to petitioner on 17.5.1981.

Appeal not filed

170. S.P.No.02/K/1981Saeedullah Kazmi


Pakistan

Standing of the people at the time of playing the national anthem in the cinema houses challenged being repugnant to injunctions of Islam.

Petition returned to petitioner being incompetent on 12.11.1983.

Appeal not filed

171. S.P.No.03/L/1981Shah Muhammad etc.

VsThe State etc.

Section 307/34 PPC challenged being repugnant to injunctions of Islam.

Dismissed in limine by High Court Lahore on 20.9.1980

Appeal not filed

172. S.P.No.03/I/1981Khan Imtiaz Ahmed

Khan Vs.


The law of became transaction as in vogue in this country was opposed to the basic principle of honesty and is challenged being repugnant to injunctions of Islam.

The custom of benami transaction is thus not enforceable in law. The only course before the petitioner is to approach the legislature to make benami transaction punishable by law. With this observation this petition was dismissed on 1.7.1981.PLD 1983 FSC Page 28

Appeal not filed

173. S.P.No.03/K/1981Nazir Ahmed


Pakistan

MLR-22 for the offence of regarding hijacking a foker Aeroplan challenged being repugnant to injunctions of Islam

Dismissed being in fructuous, on 22.12.1981.

Appeal not filed

174. S.P No.03/P/1981Muhammad Sadiq Khan

Vs. Fed: Govt. of Pakistan

Section 58 of Transfer of Property Act, 1882 & Article 147, 148 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam.

Dismissed on 25.10.1982 having no jurisdiction.PLD 1983 FSC Page 43

Appeal not filed

175. S.P.No.03/Q/1981Akhtar Abbas

Vs. Fed: of Islamic Republic

of Pakistan etc.

Personal grievance against non-acceptance of compromise in murder case on basis of Qisas after having taken Qisas.

Returned on 5.4.1981 being not entertain able

Appeal not filed

176. S.P.No.04/L/1981Mst: Razia Begum

Vs.Maqsood Alam Khan

and others

Compensation and Rehabilitation Act, 1958, Rehabilitation Act, 1956 challenged being repugnant to injunctions of Islam.

Disposed of as withdrawn on 8.4.1981

Appeal not filed

177. S.P.No.04/I/1981Mian Khalid Abdul Rauf

Vs. President of Pakistan through Ministry of

Law & Justice

Zakat & Usher Ord. XVIII of 1980 challenged being repugnant to injunctions of Islam

Dismissed with observation that the said ordinance including the amendment ordinance LII or ammine from attack before the Shariat Court vide judgment dated 3.10.1981.

Appeal filed in the Hon’ble Supreme Court of Pakistan.disissed on 6.8.1984.

178. S.P No.04/P/1981Zahir Shah

Vs.

Law relating to execution of death sentence mentioned

Dismissed on 6.4.1982 with observation that the question raised in this case has already

Appeal filedPLD 1989 SC page 633

40

The State unspecific challenged being repugnant to injunctions of Islam

been decided by this Court.

179. S.P.No.04/K/1981Muhammad Feroz

Vs. The Government of

Pakistan

MLR-29 regarding imposing punishment with retrospective effect challenged being repugnant to injunctions of Islam

Dismissed by Court being infructtius dated 22-12-1981.

Appeal not filed

180. S.P.No.05/L/1981Abdul Qadir

Vs. The Government of

Pakistan


Petition returned to the petitioner on 24.1.1981

Appeal not filed

181. S.P.No.05/I/1981Ali Bakhsh

Vs. Govt. of Punjab etc.

Section 15(c) of Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam

Dismissed on 25.5.1981 with observation that the judgment in the aforesaid subject matter was already passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980.

Appeal not filed

182. S.P.No.05/K/1981Haji Niaz & Co.

Vs. Amir Ali Ibrahimji

Shaikha etc

Judicial technicalities and usage relating to law of limitation challenged being repugnant to injunctions of Islam.

Dismissed on 23.12.1981 with observation that the law of procedure is not within jurisdiction of this Court.

Appeal not filed

183. S.P.No.06/L/1981Mst. Muzaffar Begum



Petition returned to the petitioner on 24.1.1981

Appeal not filed

184. S.P.No.06/K/1981Farooq Yousif

Vs. Govt. of Sindh etc.

Judicial administrative decision not to allow compromise or compound in murder cases, usage relating to law of limitation challenged being repugnant to injunctions of Islam.

Dismissed on 23.12.1981 as this matter involves a personal grievance.

Appeal not filed

185. S.P.No.07/L/1981Abdul Waheed


etc.

Company Act, 1913 challenged being repugnant to injunctions of Islam.

Dismissed as withdrawn on 9.1.1989.

Appeal not filed

186. S.P.No.07/I/1981Ghulam Abbas & others


Provision of land reform Act, 1977, Martial Regulation 115 of 1972 challenged being repugnant to injunctions of Islam.

Dismissed on 09.6.1981 with observation that the judgment in the aforesaid subject matter was already passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 23.

Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360.Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-8-1989 PLD 1990 SC Page-99.and The Rev.Petition has been dismissed being barred by

41

time dated 14-12-1991

187. S.P.No.07/K/1981Farooq-al-Qasimi etc.

Vs. The State

Section 58 of Transfer of Property Act, 1882 challenged being repugnant to injunctions of Islam.

Dismissed on 9.8.1982 as the matter relates to fiscal law, which is not within jurisdiction of this Court.

Appeal not filed

188. S.P.No.08/L/1981Muhammadia Girls

High SchoolVs.

Federation of PakistanL/W

S.P.No.09-L/1981L/W

S.P.No.11-L/1981

MLR 118 (personal grievance) challenged being repugnant to injunctions of Islam.

Dismissed in limine being incompetent on 10.6.1981.

Appeal not filed

189. S.P.No.08/I/1981Mst. Sughra Bibi

Vs. Ghulam Rasool

No specific law challenged being repugnant to injunctions of Islam

Petition returned to petitioner on 17.5.1981

Appeal not filed

190. S.P.No.09/L/1981Reve, Shamaun


MLR 118 (personal grievance) challenged being repugnant to injunctions of Islam.

Dismissed in limine being incompetent on 10.6.1981

Appeal not filed

191. S.P.No.09/I/1981Haji Hamid Akhtar

Vs. Muhammad Zafar Iqbal

etc.

Dispute between the party over the agricultural property, specifying no law challenged being repugnant to the injunctions of Islam.

Petition returned to petitioner with observation that the Court has no jurisdiction to go into the matter vide order dated 25.6.1981.

Appeal not filed

192. S.P.No.10/L/1981Imam Bakhsh


Section 32 of the Colonization of Government of Punjab (Land Act 1912) petitioner prayed that after the declaration have been made as such the above said provision may kindly detected to be deleted from the said law.

Dismissed on 25.5.1981 being not repugnant to the injunctions of Islam..

Appeal not filed

193. S.P.No.10/I/1981Muhammad Siddique

Vs. Govt. of Punjab etc

Punjab Pre emption Act, regarding saving shop from operation of pre emption law but not challenged its specific provision challenged being repugnant to injunctions of Islam

Petition returned to petitioner being incompetent on 16.9.1981

Appeal not filed

194. S.P.No.11/L/1981Rev.Shamaun

Vs. Education Secretary etc.

MLR 118 (personal grievance) challenged being repugnant to injunctions of Islam

Dismissed in limini being incompetent on 10.6.1981

Appeal not filed

195. S.P.No.11/I/1981Islamuddin Asad


Pakistan

Martial Law Ord, Motion Pictures Ordinance, 1979, Censorship Rules, 1981, obscenity, nudity, and dancing challenged being repugnant to injunctions of Islam

The Hon’ble Court held that in view of the Quran and Sunnah obscenity, nudity, dancing of and wearing sexually attractive dress and exhibition of film/movie on Friday at Jumma prayer time and in late hours of night were declared repugnant to injunctions of Islam vide order dated 7.7.1982.PLD 1983 FSC Page 140

Appeal not filed

42

196. S.P.No.12/L/1981Haji Abdul Aziz

Vs.Khawaja Quresh Ali

Mansha etc.

Punjab Thul Development Act, 1949 petitioner prayed that a declaration may kindly be made to the effect that the above said usage being restored to by the shia community since the establishment of Pakistan as being referred above, is against the injunctions of Holy Quran and Sunnah and has no legal force according to the Islamic Law challenged being repugnant to injunctions of Islam.

Dismissed on 1-7-19981. Appeal not filed

197. S.P.No.12/I/1981Sultan Ahmed

Vs.Mehr Bibi

Clause A(a) sub section (2) of section 14 of West Pakistan Family Court Act, 1964 regarding Dissolution of Marriage Act, 1959 challenged being repugnant to injunctions of Islam

Dismissed on 11.11.1981 with observation that if no right is provided to the wife to enable her to file any appeal anywhere against the unilateral act of divorce by her husband it would amount to equalizing the party to some extent, if the husband is not given a similar rights in case the Qazi, after hearing the party and after taking appropriate proceedings to bring about reconciliation between them consider the case as fit for dissolving the marriage or arranging for Khula.

Appeal not filed

198. S.P.No.13/L/1981Sher Afzal

VsShamim Firdos etc.

No particular law challenged being repugnant to injunctions of Islam.

Dismissed on 19.8.1981 Appeal not filed

199. Rev: Pet. No.13/I/1981

Federation of Pakistan Vs.

Hazoor Bukhsh & other

Amendment directed to be made in section 17 of the Prohibition (Enforcement of Hudood) Order, 1979 vide judgment of this Court dated 27.4.1981 was challenged being repugnant to injunctions of Islam

Dismissed. The Hon’ble Court held that : We do not agree with this. Our own assessment is that the only point which might require consideration in this case has not been taken in the Review Petition, which was, therefore, dismissed on 22.6.1982.

Appeal filed in the Hon’ble Supreme Court of Pakistan andDismissed on 6.2.1991.

200. S.P.No.14/L/1981Muhammad Sadiq

Pehlwan Vs.

Govt. of Pakistan

The custom of dancing girls challenged being repugnant to injunctions of Islam.

Dismissed interalia on the ground that said rules and practices did not amount to law within the meaning of article 203(b) (c) on dated 20-4-1982.

Appeal not filed

201. S.P.No.14/I/1981Salahuddin


L/WS.P..No.15/I/1981

Section 2(ii) & 3 of Ord. II of 1980 challenged being repugnant to injunctions of Islam

Dismissed on 25.7.1981 with observation that this Hon’ble Court neither go into vires of the Constitution including the Provisional Constitution Order, 1981 nor into the vires of the fiscal law.PLD 1983 FSC Page 26

Appeal filed in the Hon’ble Supreme Court of Pakistan.Dismissed on 6.2.1991

202. S.P.No.15/L/1981Zaheer Ahmed


Section 3, 5 of 6(b) of the Offence of Qazaf (Enforcement of Hadd) 1979 against Islam because the witnesses which are to be

Petition dismissed being not within the scope the Holy Quran on dated 28-7-1982. PLD 1982 FSC Page 244

Appeal not filed

43

brought must be the witnesses who should undergo Tazkiatuo- shahood. A non-Muslim witness cannot undergo this process. That the infliction of Hadd regarding the imputation of Zina rose against the dead person is also doubtful. In this way Section 3 and Section 89) of the Act needs revision

203. S.P.No.15/I/1981Salahuddin


L/WS.P.No.14/I/1981

Section 2(ii) & 3 of Ord. II of 1980 challenged being repugnant to injunctions of Islam.

Dismissed on 25.7.1981 with observation that this Hon’ble Court neither go into vires of the Constitution including the Provisional Constitution Order, 1981 nor into the vires of the fiscal law, PLD 1983 FSC Page 26

Appeal filed in the Hon’ble Supreme Court of Pakistan.Dismissed on.6.2.1991.

204. S.P.No.16/L/1981Munawar Hussain etc.

Vs. The State

Section 4 of Muslim Family Law Ordinance challenged being repugnant to injunctions of Islam.

Dismissed on 28.10.1981 being not within jurisdiction.

Appeal not filed

205. Rev: Pet.No.16–I/1981Federation of Pakistan

Vs. Muhammad Riaz etc.

The judgments of this Court dated 23.9.1980 & 1.10.80 passed in S.P Nos.13-L/79, 69-L/79, 9-L/80, 1-K/79, 12-K/79, 2-K/79, 20-K/79, 7-K/80 & 4-K/80 were challenged being repugnant to injunctions of Islam.

Dismissed on 2.2.1989 as appeal filed by the Federation of Pakistan in Supreme Court in respect of the same matter was heard and reserved for judgment there.

Appeal not filed

206. Rev: Pet: No.17–I/1981Salahuddin Khan


The order of this Court dated 25.7.1981 in S.P Nos.14-I/81 & 15-I/81 challenged being repugnant to injunctions of Islam.

Dismissed on 24.11.81 as the Court did not find any ground of review of order dated 25.7.1981

Appeal not filed

207. S.P.No.19–I/1981Abdul Alim


Section 4 of Muslim Family Law Ord. 1961 challenged being repugnant to injunctions of Islam

Petition returned being not entertain able on 1.11.1981

Appeal not filed

208. S.P.No.20/I/1981Shahida Begum


Prayer for implementation of amendment in Muslim Personal Law Shariat Application Act, 1962 as ordered in the judgment of this Court reported in PLD 1981 FSC 278.

Dismissed on 30.11.1981 being not maintainable as the Hon’ble Supreme Court suspended the order of this Court.

Appeal not filed

209. S.P.No.21/I/1981Munib Ahmed


Section 13(c) & (d) of Partnership Act, 1932 challenged being repugnant to injunctions of Islam

Dismissed on 3.11.1982 as the matter was of fiscal one and beyond the jurisdiction of this Court.

Appeal not filed

210. S.P.No.22/I/1981Allah Ditta


Article 127 of the 1st Schedule r/w section 3 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam

Dismissed on 23.3.1982 as the matter was of procedural law which is beyond the jurisdiction of this Court.

Appeal not filed

44




211. Sh.P.No.1/L/1982Muhammad Latif and

anotherVs

Mst. Iqbal Begum and another

Challenged Section 4 of Muslim Family Laws Ordinance, 1961 being repugnant to the Injunctions of Quran and Sunnah of the Holy Prophet.

Rented to ground of lack of jurisdiction.Approved on note Portion by Hon. C.J. dated 19-4-1982.

Appeal not filed

212. S.P.No.01/I/1982Muhammad Hafizullah

Vs. Govt. of Punjab

Section 10(3), 19 of Colonization of Govt. Land (PP) Act, 1912 r/w Punjab Govt. Notification No.4569-C dated 20.9.46 challenged being repugnant to injunctions of Islam

Petition was dismissed on 19.5.1982 being non-maintainable.

Appeal not filed

213. S.P.No.01/K/1982Sarfraz Hussain &

others Vs.


Interest Act, 1839, section 22 of State Bank of Pakistan Act, 1956 & section 25(2), 26(1) of Banking Companies Ord. 1962 regarding recovery of interest challenged being repugnant to injunctions of Islam

Dismissed on 10.8.1982 as the matter relates to fiscal law.

Appeal not filed

214. S.P No.01/P/1982Muhammad Ali etc.


Law pertaining to execution of death after compromise challenged being repugnant to injunctions of Islam

Dismissed on 22.01.1983 as the question raised in this case has already been decided by this Court vide S.P No. 04-P/1981.

Appeal not filed

215. S.P.No.02/I/1982Rana Muhammad

Shabbir Vs.


Punjab Acquisition of Land (Housing) Act, 1973 and Ordinance No.III of 1974 challenged being repugnant to injunctions of Islam

Petition was dismissed on 30.1.1984 as the Court had already considered the matter in the case of Hafiz Muhammad Amin Vs. Islamic Republic of Pakistan & another reported in PLD 1981 F.S.C 23.

Appeal filed in the Hon’ble Supreme Court of Pakistan.


216. S.P.No.02/K/1982Syed Maqsood Ali


Section 141 of Customs Act, 1969 regarding imposition of tax on imported goods for personal use or for gift challenged being repugnant to injunctions of Islam

Dismissed on 22.11.1983 with observation that Court did not find any repugnancy with the Quran & Sunnah.

Appeal not filed

217. S.P.No.03/I/1982Syed Wared Shah

Vs. Raj Wali etc.

Section 4 & 4(a) of the NWFP Tenancy Act, challenged being repugnant to injunctions of Islam

Dismissed as not pressed on 24.10.1982.

Appeal not filed

218. S.P.No.03/K/1982Jalil Ahmed Khan


Judicial usage and technicality challenged being repugnant to injunctions of Islam

Dismissed on 1.8.1982 as the matter does not disclose any cause of action.

Appeal not filed

219. S.P.No.04/I/1982Khuwaja Rafiq Ahmed

Provision of Order IX, Rule 6 CPC r/w West

The petition returned being incompetent and beyond the

Appeal not filed

45

Vs. Abdul Haleem etc.

Pakistan Urban Rent Restriction Ordinance,1959 challenged being repugnant to injunctions of Islam

jurisdiction of this Court vide order dated 3.6.1982.

220. S.P.No.04/K/1982Ansar Barni

Vs.Fed: of Pakistan etc.

President Order No.3 of 1979 judicial usage relating to appointment of female judges / judicial challenged being repugnant to injunctions of Islam

Dismissed on 10-8-1982PLD 1983, FSC Page 73

Appeal filed in the Hon.Supreme Court and has been dismissed as time barredDated 2-11-1983

221. S.P.No.05/I/1982Muhammad Bashir

Vs. Govt. of Punjab

Section 8(1) of the Punjab Highway Ord. 1959 and Amendment Act, 1976 challenged being repugnant to injunctions of Islam

Dismissed on 6.2.1983 with observation that the Court did not find any portion of law to be repugnant to the Holy Quran and Sunnah.

Appeal not filed

222. S.P.No.05/K/1982E. Sulleman


Section 197 of Cr.P.C challenged being repugnant to injunctions of Islam

Dismissed on 2.8.1982 having no jurisdiction as matter relates to procedural law.

Appeal not filed

223. S.P.No.06/I/1982Raja Khush Bakht-ur-

Rehman etc. Vs.

Province of Punjab etc.

Section 2(d) of the Punjab Ord. VII, 1978 challenged being repugnant to injunctions of Islam

Dismissed on 12.1.1986. The Hon’ble Court observed that it did not find any fault in the impugned provision of law.PLD 1986 FSC Page 49

Appeal filed in the Hon’ble Supreme Court of Pakistan. Dismissed for non prosecution .dt.23.4.2009

224. S.P.No.06/K/1982Contempt matter in

S.P.No.4/K/1982Ansar Barni


Misreporting the proceeding of the Court in a petition relating to appointment of female judges / judicial in

Disposed of on 4.4.1983 as apology tendered by the newspapers’ editors was accepted.

Appeal not filed

225. S.P.No.07/I/1982Allah Ditta etc.


Pakistan etc.

Punjab Acquisition of Land (Housing) Act, 1973 challenged being repugnant to injunctions of Islam

Petition returned being incompetent on 15.8.1982.

Appeal not filed

226. S.P.No.07/K/1982Haji Muhammad

MoizuddinVs.

Government of Sindh

Section 22 of the West Pakistan Urban Immovable Property Tax Act, 1958 challenged being repugnant to injunctions of Islam


Appeal not filed




227. Sh.P.No.1/L/1983Muhammad Ramzan

VsFederation of Pakistan

and another

Implementation of Islamic law of Qasas and Diyat may Kindly be ordered and the Prevailing Law on the subject may kindly be declared as against the injunction of Holy Quran & Sunnah.

The question involved in this case has already been decided by this court and the matter is under appeal before the Supreme Court of Pakistan.Approved on note Portion by Hon. C.J. dated 18-1-1983


46

228. Sh.P.No.1-A/L/1983Hasan Ali Qureshi Vs

Government of the Punjab Province,

LahoreLinked with



Sh.P.No.1/I/1984

Section 12 of the Punjab Civil Servants Act VIII of 1974 is repugnant to the Injunctions of Islam.

Allowed.No exception can be taken to other provisions of the laws referred to above except the provisions which have already been ordered to be amended vide our Judgment on the laws of Punjab Code Vol. III, IV and V.Dated 27-03-1984. PLD 1984, FSC Page 34,

The Supreme Court have dismissed the appeal S.A. No.6 of 1983, S.A.No.15,19 and 34 of 1984 S.A.No.1 of 1985 and S.A. No.14 of 1984 has allowed the provision of the statutes and statutary rules specified below, in there appeals have found to be repugnant1. Section “13” clauses (i) and (ii) of civil servant Act, 1973.2. Section “12” clause (i) of and (ii) of the Punjab Civil Servants Act, 1973.3. Section “13” caluse (i) of Sind Civil Servants Act, 1973.4. Section “13” clause (i) and (ii) of Baluchistan Civil Srvants Act, 1974.5. Section “13” clause (i) of the NWFP Civil Srvants Act, 1973.6. Sub-Rule “3” of the Rule “44” of Pakistan Cantonment Srvants Rules 1954, framed under Cantonments Act, 1924. Dated: 11.3.1987 PLD 1987 SC Page 304 , Revew Petition is dismissed barred by time 17.2.1991

229. S.P No.01/P/1983Amir Hussain Shah Vs.

Govt. of Pakistan

Law pertaining to execution of death after compromise challenged being repugnant to injunctions of Islam

Original petition returned to petitioner on 03.10.1983.

Appeal not filed

230. S.P.No.1/K/1983Mahmood ul Hassan

Vs.The Govt: of Pakistan

Challenged certain provision s of the Insurance Act, 1938 r/w Insurance

Dismissed on 29.11.1983, as the petition is incompetent and for want of jurisdiction


47

through Attorney General of Pakistan

Notification Order, 1972.

231. Sh.P.No.1/Q/1983Ghulam Kibria Khan


Challenging Section 9 of Ordinance 6 of 1979 regarding Imputation hand from wrist and fast from ankle as being repugnant to the Injunction of Islam.

The appeal is dismissed on 10-4-1984.


232. Rev: Pet.No.01/I of 1983

Fed: of Pakistan Vs.

Public at Large etc.

Judgment dated 30.6.1982 of FSC passed in its original suo-moto jurisdiction in respect of 72 of Motor Vehicle Act, 1939 & Motor Vehicle Ord. 1965 challenged being repugnant to injunctions of Islam

Dismissed on 9.10.1983 as the Hon’ble Court did not find any ground to review the order.

Appeal filed in the Hon’ble Supreme Court Dismissed on 6.2.1991.


QureshiVs

The Federal Government of

Pakistan.

Provisions of newly added sun rule (3) in the cantonment servants Rules 1954, in corporate through the S.R.O. 909(10/82 of the Gazette Notification dated 20th sept,1982, issued by the Ministry of Defence, be declared as repugnant to the Injunctions of Islam. And be Ordered to be deleted forthwith.

Dismissed. No exception can be taken to other provisions of the laws referred to above except the provisions which have already been ordered to be amended vide our Judgment on the laws of Punjab Code Vol. III, IV and V.Dated ; 27-03-1984, PLD 1984 FSC Page 34

The Supreme Court have dismissed the appeal S.A. No.6 of 1983, S.A.No.15,19 and 34 of 1984 S.A.No.1 of 1985 and S.A. No.14 of 1984 has allowed the provision of the statutes and statutary rules specified below, in there appeals have found to be repugnant1. Section “13” clauses (i) and (ii) of civil servant Act, 1973.2. Section “12” clause (i) of and (ii) of the Punjab Civil Servants Act, 1973.3. Section “13” caluse (i) of Sind Civil Servants Act, 1973.4. Section “13” clause (i) and (ii) of Baluchistan Civil Srvants Act, 1974.5. Section “13” clause (i) of the NWFP Civil Srvants Act, 1973.6. Sub-Rule “3” of the Rule “44” of Pakistan Cantonment Srvants Rules 1954, framed under

48

Cantonments Act, 1924. Dated: 11.3.1987,PLD 1987 SC Page 304, Review petition is dismissed as barred by time on 17.2.1991.

234. S.P.No.2/I/1983Sultan Khan

Vs. Govt. of NWFP

NWFP Tenancy (Fixation of Compensation of Land Lord) Rule, 1981 challenged being repugnant to injunctions of Islam

Dismissed on 27.3.1984 with observation that inaction of a man in a matter where specific remedy is provided in law shall amount to his consent since if he had any grievance, he would have gone for its redress to the court. Shariah principle of Skoot (silence) is thus analogous to the present principle of acquiescence. PLD 1986 FSC Page 7

Appeal filed in the Hon’ble Supreme Court

Appeal Allowed on.10.8,89, PLJ 1990 , SC Page 174, Revew petitions have been dismissed on 24.2.1991, and 7.5.1991.PLD 1991 SC Page 707,

235. S.P.No.2/K/1983Maulana Abul Fateh

Ghulam Rasool Vs.

Advocate General, Sindh

Not challenged any specific Law/Rules


236. S.P.No.03/I/1983Muhammad Iqbal


Execution of death sentence after compromise between the parties, was challenged being repugnant to injunctions of Islam

Petition was returned to petitioner on 10.12.1983.

Appeal not filed

237. Sh.P.No.3/L/1983Raja Muhammad Fazil


Pakistan through Sectary power and natural Resources

The provisions of sections 17(1) and (1C) of the Pakistan Water and Power Development Authority Act, 1958 (Pakistan Act No. XXXI of 1658) are repugnant to the injunctions of Islam as laid down in the Holy Quran and Sunnah of the Holy Prophet (Peace be upon him).

Dismissed.No exception can be taken to other provisions of the laws referred to above except the provisions which have already been ordered to be amended vide our Judgment on the laws of Punjab Code Vol. III, IV and V. Judgment dated 27-03-1984.PLD 1984 FSC Page 34

The Supreme Court have dismissed the appeal S.A. No.6 of 1983, S.A.No.15,19 and 34 of 1984 S.A.No.1 of 1985 and S.A. No.14 of 1984 has allowed the provision of the statutes and statutary rules specified below, in there appeals have found to be repugnant1. Section “13” clauses (i) and (ii) of civil servant Act, 1973.2. Section “12” clause (i) of and (ii) of the Punjab Civil Servants Act, 1973.3. Section “13” caluse (i) of Sind Civil Servants Act, 1973.4. Section “13” clause (i) and (ii)

49

of Baluchistan Civil Srvants Act, 1974.5. Section “13” clause (i) of the NWFP Civil Srvants Act, 1973.6. Sub-Rule “3” of the Rule “44” of Pakistan Cantonment Srvants Rules 1954, framed under Cantonments Act, 1924. Dated: 11.3.1987, PLD 1987 SC Page 304Rewev Petition is dismissed on 17.2.1991.

238. S.P.No.04/I/1983Nisar alias Nisari etc.


Execution of death sentence after compromise between the parties was challenged being repugnant to injunctions of Islam.

Petition was returned to petitioner on 03.01.1984

Appeal not filed


Vs.Fed. Govt: of Pakistan

Not challenged any Law/Custom.

Dismissed on 23.11.1983, as the petition is incompetent

Filed in the S.C The appeal is dismissed on 14.5.1984

240. S.P.No.05/I/1983Muhammad Hanif etc.


Detention after compromise between the parties, in case of an offence u/s 302 PPC was challenged being repugnant to injunctions of Islam.

Petition having personal grievance was returned to petitioner on 03.01.1984.

Appeal not filed

241. S.P.No.6/K/1983Ibrahim Bhai and

another Vs.

Govt: of Pakistan and others

Against Interest Dismissed on 14.12.1983, as beyond the jurisdiction of this Court vide judgment reported as PLD 1983 FSC 43


242. S.P.No.7/K/1983Saeed ullah Kazmi

Vs. Fed. Govt: of Pakistan

Linked with

S.P.No.8/K/1983Saeed ullah Kazmi

Vs. Fed. Govt: of Pakistan

Personal grievances

Challenge Usage/Custom

--- do -----

No particular Law as defined by Art.203-D of the Constitution has been challenged,returned due to objection by the office 25.7.1984

--- do -----


243. S.P.No.9/K/1983Islam Hussain

Vs. NBP of Pakistan

Prayed for examination of Rule 15 and 17 of NBP Staff Services Rules, 1980.

Dismissed on 25.4.1984 in the light of judgments of this Court SSM No.204/P/83, SSM No.84/S/84, SSM No.71/B/84 and SSM No.71/NWFP/84 dt: 27.3.1984.


244. S.P.No.10/K/1983Begum Rashida Patel

and others Vs.

Govt: of Pakistan

Linked with

Challenged the provisions of sec: 6( c) of the Offence of Qazaf (EOH) Ord: 1979 as being repugnant to the Injunctions of Islam.

S.P.Nos.10, 11, 12 and 13-K of 1983 have been dismissed on 25.7.1989. However S.P.No.14-K-83 and S.P.No.2-L-1985 have been partly allowed. PLD .1989 FSC Page 95

Appeal has Pending

50

S.P.No.11/K/1983Begum Rashida Patel

and others Vs.

Govt: of Pakistan

Linked with


and others Vs.

Govt: of Pakistan

Linked with


and others Vs.

Govt: of Pakistan

Linked with


and others Vs.

Govt: of PakistanLinked with

S.P.No.2/L/1985Muhammad


Challenged the provisions of sec: 6( b) of the Offences Against Property (EOH) Ord: 1979 as being repugnant to the Injunctions of Islam.

Challenged the provisions of sec: 8( b) of the Offence of Zina (EOH) Ord: 1979 as being repugnant to the Injunctions of Islam

Challenged the provisions of sec: 9( b) of the Prohibition (EOH) Ord: 1979 as being repugnant to the Injunctions of Islam.

Challenged the provisions of sec: 9(4) & 10 of the Offence of Zina (EOH) Ord: 1979 as being repugnant to the Injunctions of Islam

Challenged the provision of sec: 10 of the Offence of Zina (EOH) Ord: 1979 as being repugnant to the Injunction of Islam.

Appeal has Pending

Appeal has Pending

Appeal has Pending

Appeal has dismissed as withdrawn on 8.1.2007

Appeal has dismissed as withdrawn on 8.1.2007




245. Sh.P.No.1/I/1984Ch. Muhammad

Danishmand Vs

The Government of Pakistan

L/W

Sh.P.No.1-A/L/1983Linked with



Provisions of newly added sun rule (3) in the cantonment servants Rules 1954, in corporate through the S.R.O. 909(10/82 of the Gazette Notification dated 20th sept,1982, issued by the Ministry of Defense, be declared as repugnant to the Injunctions of Islam. And be Ordered to be deleted forthwith.

Dismissed on dated 27-3-1984No exception can be taken to other provisions of the laws referred to above except the provisions which have already been ordered to be amended vide our Judgment on the laws of Punjab Code Vol. III, IV and V. PLD 1984 FSC Page 34

The Supreme Court have dismissed the appeal S.A. No.6 of 1983, S.A.No.15,19 and 34 of 1984 S.A.No.1 of 1985 and S.A. No.14 of 1984 has allowed the provision of the statutes and statutary rules specified below, in there appeals have found to be repugnant1. Section “13”

51

clauses (i) and (ii) of civil servant Act, 1973.2. Section “12” clause (i) of and (ii) of the Punjab Civil Servants Act, 1973.3. Section “13” caluse (i) of Sind Civil Servants Act, 1973.4. Section “13” clause (i) and (ii) of Baluchistan Civil Srvants Act, 1974.5. Section “13” clause (i) of the NWFP Civil Srvants Act, 1973.6. Sub-Rule “3” of the Rule “44” of Pakistan Cantonment Srvants Rules 1954, framed under Cantonments Act, 1924. Dated: 11.3.1987, PLD 1987 SC Page 304,Rewew petition is dismissed on 17.2.1991.

246. Sh.P.No.1/L/1984Muhammad Ismail

QureshiVs

The Islamic Republic of Pakistan.

Linked withSh.P.No.6/L/1987

Linked withS.S.M.No.106/1987

Section 295(A) & 298(A) PPC may Kindly be examined in the light of grounds as mentioned in the petition and these Sections of the Penal Code may kindly be declared as repugnant to the Holy Quran & Sunnah to the ex-tent of non-provision of punishment to the contemnor of Prophet hood.

Allowed on dated 30-10-1990. Judgment placed on the file in Sh.P.No.6/L/1987.


247. S.P No.01/Q/1984Basharatullah Advocate

Vs. Govt. of Baluchistan etc.

Regular Laws, Laws of Qalat, Shariat Regulation of Baluchistan, C.P.C Ord. No.1 of 1967 Cr.P.c, Ord. No.2 1967 challenged being repugnant to injunctions of Islam

Petition returned on 29.7.1984 being incompetent

Appeal not filed

248. S.P.No.02/I/1984Khawaja Ghulam Muhammad Dar

Vs.

Issuance of Ordinance for amending section 13 of the Passport Act, 1974 challenged being

Dismissed having no merit on 23.1.1984.

Appeal not filed

52

Federal Govt. of Pakistan

repugnant to injunctions of Islam

249. Sh.P.No.3/L/1984Muhammad Idrees and

othersVs

Government of Pakistan.

The law pertaining to the execution of the death sentence in which the parties are entitled to compromise is repugnant to Islam and Sunnah. The death penalty cannot be executed till full opportunity heirs of deceased.

Dismissed. Due to personal relief the petition is consequently not entertain able by full beach dated 5-8-1984.


250. Sh.P.No.03/I/1984Obyar


etc.

Section 401 Cr.P.c r/w section 302 PPC regarding execution of death sentence after compromise challenged being repugnant to injunctions of Islam

Dismissed on 9.4.1984 as the same matter was already decided by Shariat Bench of Peshawar High Court as reported in PLD 1980 Peshawar 1

Appeal not filed

251. Sh.P.No.3/K/1984Sheikh Mushtaq Ali

Vs.Govt: of Pakistan through Attorney

General for Pakistan

Praying that Sub-section (a) of sec: 11-A of the legal fractioned and Bar Council is (Amendment) Ordinance, 1982 be declared as void, being absolutely repugnant to the Injunctions of Islam.

Dismissed on 25.4.1984 , as there is no ground to interfere with the law assailed before the court

Appeal not filed

252. Sh.P.No.4/L/1984Ch. Khuirshid Khalid 2

othersVs


The Public Order (Political Uniforms) Ordinance, XV of 1958 containing Prohibition on wearing uniforms and preparing for armed defiance are repugnant to the Injunction of Islam as laid down in the Holy Quran and Sunnah of the Holy Prophet (PBUH).

Dismissed on dated 5-12-1984.PLD 1986 FSC Page 5


253. S.P.No.04/I/1984Amraish & Parvez


Pakistan

Law pertaining to execution of death sentence after compromise of the parties challenged being repugnant to injunctions of Islam

Petition returned to petitioner on 4.2.1984 having no jurisdiction.

Appeal not filed

254. Sh.P.No.5/L/1984Ch. Habib Ahmed Shafi

VsThe Government of

Pakistan.

Request for decision declaration of Para 10(2) of M.L.R.115 being an un-Islamic and in derivation to the canons and Injunctions of Islam.

The Federal Shariat Court has already been decided this point in reported Judgment PLD 1981-FSC-23 (Hafiz Muhammad Ameen Vs Islamic Republic of Pakistan. In view of aforesaid the Petition is dismissed on 22-1-1985.


255. Sh.P.No.05/I/1984Muhammad Hayat etc.

Vs. Chairman Miani Sahib

Qabristan etc.

L/WS.P.No.06–I/1984

Martial Order No.131 and Lahore Graveyard (Preservation & Maintenance) Ord. Act, 1958 and The Miani Sahib Graveyard Ordinance, 1962 challenged being repugnant to


Appeal not filed

53

injunctions of Islam.256. Sh.P.No.5/K/1984

Sheikh Mushtaq Ali Advocate

Vs.Government of

Pakistan

Prayed that (a) portion of 294 PPC, put-in bracket and underline.Chellenged lottries is being repugnant to the injuction of Islam.

Announced on 15.6.1989. The Court has held that section 294-A is thus repugnant to the Injunctions of Islam and Sunnah for the reasons ; a) It permits the Provincial Govt: on the State to operate lotteries which may be against the Injunctions of Islam.b) It prohibits even the lotteries as discussed above.c) Again even sec: 294-B does not differentiate between lawful and unlawful lotteries. The two sec: thus need to be suitably amended in the light of the above discussion to conform to the Injunctions of Islam.The Court has further desire that the President of Pakistan shall take steps to amend the sections 294-A and 294-B suitably as stated above on or before the 1.12.1989, failing which they shall case to have affect. PLD 1989 FSC Page 60

Appeal in filed in Supreme Court of Pakistan and Partly AllowedDated 8-1-1992, SD 1992 Page 316

257. Sh.P.No.6/L/1984Muhammad Hussain

ChoudharyVs


Request for amendment the Proviso Para 4(1) of the Punjab Nationalized Schools (Men’s and Women’s Section) Teaching Posts Rules, 1974.(Requirement for the Post of Headmaster) praying that this Hon’ble Court may declared proviso to above rules with relevant portion of the main rule (4) as Un-Islamic.

The matter, there is no merit in this petition and it has dismissed on dated 15-5-1985.


258. Sh.P.No.06/I/1984Mushtaq Ali Shah

Vs.Chairman Miani Sahib Qabristan Committee

Martial Order No.131 and Lahore Graveyard (Preservation & Maintenance) Ord. Act, 1958 and The Miani Sahib Graveyard Ord. 1962 challenged being repugnant to injunctions of Islam


Appeal not filed

259. Sh.P.No.07/I/1984Amir Nazir Khan


etc.

Execution of death sentence after compromise of the parties challenged being repugnant to injunctions of Islam


Appeal not filed

260. Sh.P.No.8/K/1984Faqir Abdul Waheed Siddiqui, Advocate


Prayed that clause (g) of sub-section (2) of Section 3 and section 14 of the Foreigners Act, 1946 be declared as repugnant to the injunctions of Islam

Dismissed in limine on 15.12.1986, as the petitioner has not pressed the petition.

Not filed

54

261. Sh.P.No.09/I/1984Muhammad Siddique

Vs. The State

Execution of death sentence after compromise of the parties challenged being repugnant to injunctions of Islam


Appeal not filed

262. Sh.P.No.10/I/1984Raja Bashir Ahmed


Provision of section 17 (2)(vi) of Cantonment Rent Restriction Act, 1963 challenged being repugnant to injunctions of Islam


Appeal not filed

263. Sh.P.No.11/I/1984Alam Din

Vs. Govt. of NWFP

Section 8(b) of Tenancy Act, 1950 and the said amending Act (iii)challenged being repugnant to injunctions of Islam

Disposed of having withdrawn on 8.1.1986.

Appeal not filed

264. S.P.No.12/I/1984Rana Farooq Ahmed

Khan Vs.

The Federal Govt. of Pakistan

No specific provision of law but personal grievance challenged being repugnant to injunctions of Islam

Petition returned to petitioner on 25.3.1984 having no jurisdiction

Appeal not filed

265. S.P.No.13/I/1984Qazi Abdul Rashid etc.

Vs. Provincial Govt. of

NWFP

Section 4(1),(b),(c) & NWFP Tenancy Act XXV of 1950 together with NWFP Tenancy (Fixation of Compensation to the Land Lords) Rules, 1950 and the NWFP Tenancy (Fixation of Compensation to the Landlords) Rules 1981 challenged being repugnant to injunctions of Islam

The Hon’ble Court did not find any justification to take a view different from S.P No.2-I/1983 consequently petition was dismissed in limine on 8.1.1985

Appeal not filed

266. S.P.No.14/I/1984Jamil Abbas Gardezi


Provisions of Punjab Acquisition of Land (Housing Act) 1973 Challenged being repugnant to injunctions of Islam

Dismissed as withdrawn on 7.1.1986 as the Act has already been repealed.

Appeal not filed

267. S.P.No.15/I/1984M. Saleem Vice

President Supreme Dental Council of

Pakistan Vs.


Provision of Medical Dental Degree Ord. 1982 challenged being repugnant to injunctions of Islam.

The Hon’ble Court already considered the vires of this Ordinance vide judgment on SSM No.352/83 whereby the Ord. XXVI of 1982 has been held to be not against the principles of Sharia, therefore the petition was dismissed on 14.5.1984

Appeal not filed

268. Sh.P.No.16/I/1984Molvi Mehboob-ur-

Rehman Vs.

Govt. of NWFP

Judgment passed in S.P No.16-I/1984 challenged being repugnant to injunctions of Islam

Petition was dismissed on 10.11.1988 as no valid reason; no question of review of the previous order arises.

Appeal not filed

269. Sh.P.No.17/I/1984Mujeeb-ur-Rehman


Pakistan

L/W

S.P.No.02-L/1984Captain (Retd) Abdul

Addition of sections 298-B and 298-C in PPC and declaring that anti-Islamic activities of Qadiani Group / Lahori Group & Ahmedis (Prohibition & Punishment) Ord. 1984 challenged being repugnant to

Dismissed on 12.8.1984 having no force with observation that Qadianis not a part of Muslim Ummah as proved by their conduct. Qadiani constitutes separate Ummah. Mulsims and Qadianis do not belong to same Ummah. Qadianis are bound by declaration that according to constitution they are non-

Appeal filed in the Hon’ble Supreme Court of Pakistan and have been dismissed as withdrawn on 10-1-1988 and 11-1-1988, SCMR . 1988

55

Wajid Vs.

Attorney General of Pakistan

injunctions of Islam Muslim. Qadiani can be candidates to National / Provincial Assemblies for seat reserved for non-Muslim in suit involving question of their faith must call themselves non-Muslims. No legal right can be claimed by Qadiani on assumption of their being Muslim. Insistence of Qadianis of calling themselves Muslim is, therefore, is clearly unconstitutional. The prohibition against propagation of the religion of Ahmedis is not contrary to the Quran & Sunnah of the Holy Prophet (P.B.U.H). This prohibition is also consequential to the declaration of Ahmedis or Qadianis as non-Muslims and restrained against their posing as Muslim. PLD 1985 FSC Page 8

Page 897

270. Sh.P.No.18/I/1984Choudhary Khurshid

KhalidVs.


Section 4, 9, 13 & 20 of Pakistan Arms Ord. XX of 1965 challenged being repugnant to injunctions of Islam.

Dismissed in limine on 26.9.1984 with observation that this Ordinance has not banned the keeping or arms/weapons what has only regulated it. As arms/weapons can be used both for good as well as bad purpose. The Govt. has imposed restriction for obtaining licenses for their possession so as to ensure that the arms may not come within the possession of wrong persons and cause harm and mischief to the public.

Appeal not filed

271. Sh.P.No.19/I/1984Choudhary Khurshid

Khalid Vs.


Civil Servant Act LXXI of 1973 challenged being repugnant to injunctions of Islam

Petition returned to petitioner having not jurisdiction on 27.8.1984.

Appeal not filed

272. Sh.P.No.20/I/1984Qaisar Aftab Ahmed

Vs. Secretary General

Ministry of Defence

MLR-52 regarding grievance about the termination of service challenged being repugnant to injunctions of Islam

Dismissed for want of jurisdiction on 31.3.1885

Appeal not filed

273. Sh.P.No.21/I/1984Malik Altaf Hussain

Vs.Secretary General

Ministry of Defence

Section 6 of MLR-52 challenged being repugnant to injunctions of Islam.

Disposed of as withdrawn on 10.4.1985.

Appeal not filed

274. Sh.P.No.22/I/1984Haji Qudrat Ali & other

Vs.Government of NWFP

Customary law contained in section 1 and 3 of Wajib-ul-Arz 1872, 1904-05 and 1946-47 challenged being repugnant to injunctions of Islam.

Dismissed having no force on 5.11.1984 with observation that Muzarat which is a contract between a landlord and peasant on specific share in the crop in which the sowing, protecting, irrigating, cutting etc of the crop is the wholly responsibility of peasant is admissible in Shariah.

Appeal filed in the Hon’ble Supreme Court of Pakistan and dismissed on dated 9-9-1992.

275. Sh.P.No.23/I/1984Qaisar Aftab Ahmed


Defense

Section 6 of MLR-52 challenged being repugnant to injunctions of Islam.

Disposed having withdrawn on 10.4.1985

Appeal not filed

56

276. Sh.P.No.24/I/1984Malik Aftab Hussain


Defense

Section 5 & 6 of MLR-52 challenged being repugnant to injunctions of Islam.

Disposed having withdrawn on 10.4.1985

Appeal not filed

277. Sh.P.No.25/I/1984Maqbool Hussain

QureshiVs.

The Federal Govt. etc.

Rule 15 (i) of National Bank of Pakistan (Staff Service Rules) 1980 challenged being repugnant to injunctions of Islam.

Dismissed having no merit on 22.10.1985 with observation that National Bank of Pakistan is a commercial organization and therefore the impugned rule 15(a) of National Bank of Pakistan is the repugnant to Shariah.PLD 1986 FSC Page 1

Appeal not filed

278. Sh.P.No.26/I/1984Malik Muhammad Sadiq

& otherVs.


L/WS.P.No.10-I/1984

L/WS.P.No.27-I/1984

Section 17(2),(vi) of Cantonment Rent Restriction Act, 1963 challenged being repugnant to injunctions of Islam.


Appeal not filed

279. S.P.No.27/I/1984Ashfaq Ahmed

Vs. Govt. of Pakistan &

another

Section 17(2)(vi) of Cantonment Rent Restriction Act, 1963 challenged being repugnant to injunctions of Islam


Appeal not filed

280. S.P.No.28–I/1984Niazo alias Niaz

Muhammad Vs.

Govt. of Pakistan etc.

Section 302 PPC, 345, 401, 402, 402(a) & 402(b) Cr.P.C execution of death sentence after compromise challenged being repugnant to injunctions of Islam

Dismissed on 10.1.1985 the same matter has already been decided by this Court in S.P.No.4-P/1981 and the appeal is pending in the Hon’ble Supreme Court.





281. Sh.P.No.01/I/1985Fayyaz Akbar


etc.

Punjab Act, XII of 1985, Punjab Acquisition of Land (Housing) Act, 1973challenged being repugnant to injunctions of Islam

Disposed of as withdraw on 7.1.1986.

Appeal not filed

282. Sh.P.No.1/L/1985Ahmed Khan.

Vs.University of

Engineering and Technology Lahore

through vice chancellor and one other

The petitioner has claimed the write of implement under Islamic code of life.

Not fixed before the court and returned to the petitioner on 12-2-1985


283. Sh.P.No.1/K/1985Mr.Majid Nazimi etc Vs.Federation of Pakistan

Challenged the proviso to section 499 PPC as being repugnant to the Injunctions of Islam.

Disposed of on 24.3.1987, as the petition has become infructuous. The point involve in this petition has already been done by the Govt:, vide Cr.Law (Amendment) Act, (IV of 1986), 1986 as


57

published in the gazette of Pakistan extra ordinary, part 1 dt: 5.11.1986

284. S.P.No.02/I/1985Janas

Vs. Provincial Govt. of

NWFP

Para 650 of the Customary Law of Late Swat challenged being repugnant to injunctions of Islam.

Disposed as withdrawn on 22.10.1985.

Appeal not filed

285. S.P.No.2/K/1985Sayed Shahid Ali and

others Vs.

Govt. of Punjab and others

Challenged the Waqf Properties Ordinance, 1961 and Punjab Waqf Properties Ord: IV of 1979

Disposed of on 2.1.1990 as not pressed.


286. S.P.No.03/I/1985Muhammad Saeed etc.

Vs. Govt. of NWFP etc.

Para 650 of the Customary Law of Late Swat challenged being repugnant to injunctions of Islam

Disposed as withdrawn on 22.10.1985.

Appeal not filed

287. Sh.P.No.3/L/1985Zulfiqar Ahmed


The Miani Sahib Graveyard Ordinance, 1962 (West Pakistan Ordinance No. XLIB 1962) and Martial Law Order No.31 have been petitioner prayed that the above Laws may kindly be declared Quran and Sunnah.

Dismissed on 9-2-1986 as this court has in fact already taken the same decision in S.P.No.5/I and 6/I 1984, to say that these provision are not un Islamic.




Prayed that the Marching of the Women National Guard in Military Uniform and their participation on the March Past occasion, without observing pardah before public, is against the Injunctions of Holy Quran and Sunnah

Dismissed on 24.3.1987 as the petitioner has not challenge any law


289. Sh.P.No.4/L/1985Mian Nisar-ul- Haq etc


Pakistan etc

Rule 15 (1) of the Muslim Commercial Bank (Staff Services Rules) 1981 petitioner prayed that the due rules perused in the light of vary from Holy Quran and being repugnant to the Injunctions of Islam.

Dismissed on 2-2-1986. Appeal has not filed.

290. S.P.No.04/I/1985Sakhi Muhammad


Basic Pay Scale Point to Point Formula issued by Govt. of Pakistan in 1983 challenged being repugnant to injunctions of Islam

Dismissed on 26.3.1991 with observation that Court did not find anything in the instruction in the Govt. of Punjab to be repugnant to the injunctions of Islam and Court cannot give personal sort of relief to petitioner.

Appeal filed in the Hon’ble Supreme Court of Pakistan. Dismissed on 17-5-99

291. S.P.No.4/K/1985Saeed Ullahs Kazmi

Vs.Govt: of Pakistan

Lifeless flags are like statutes and their solution is against the Injunctions of Islam

Dismissed on 24.3.1987 as the petitioner has not challenge any law


292. S.P.No.5/L/1985Muhammad Sharif

ChoudharyVs.

The Government of

Para 4(1) of the Punjab Nationalized School (Men & Women section) Teaching post 1974 has been

Dismissed on 15.5.1985. The reasons for dismissing the petition has been recorded in the judgment of Sh.P.No.6-L-1984


58

Punjab through Secretary Education

Civil Secretariat Lahore

challenged as Un-Islamic and void.

293. S.P.No.05/I/1985Ashfaq Ahmed


L/W

S.P.No.60/I/1990L/W

S.P.No.71/I/1990L/W

S.P.No.9/L/1990

Section 17(2)(vi) of the Cantonment Rent Restriction Act, 1963 challenge being repugnant to injunctions of Islam

Dismissed on 25-9-1991 Appeal has filed.Pending

294. S.P.No.5/K/1985Shabihul Hassan Naqvi

Vs.Federation

Government of Pakistan etc

Personal grievance Returned to the petitioner due to un complete on 19.12.1985


295. Sh.P.No.6/L/1985Muhammad Hussain

ChoudharyVs.

The Chairman Board of Intermediate and

Secondary Education, Lahore

Rules 6 (1) (VI) and (VII) of the Regulations for Intermediate Examination framed for the Board of Intermediate and Secondary Education Lahore as they are repugnant to the injunction of Islam.

Dismissed on 15.5.1985 as the rules are thus based on the ‘Public Good)And as there is no discrimination whatever they cannot be said to be repugnant to the injunctions of Islamp.


296. Sh.P.No.8/L/1985Haq Nawaz


through secretary Ministry of Law and

Justice

Family Act 1939 Order 8 has been challenged.

Dismissed on 2.2.1986 as the definition of Talaq (Ela) has been described in book Al-Fiqa Reference may also be read in the book Alfiqa Alalmazahib al Arbia.


297. Sh.P.No.9/L/1985Mirza Abdul Qadeer

Baig etc.Vs.

Government of Punjab and others

Section 3 of the Punjab Urban Immovable Property Tax Act 1958 and section 137 of the Punjab Local Government Ordinance of 1979 the petitioner prayed that the impugned provisions of law may kindly be declared as repugnant to the Injunctions of Islam.

Dismissed on 2.2.1986 as having no jurisdiction.





298. Sh.P.No.1/L/1986Mr.M.Salim Akhtar


Regarding the fixation commission of stamps vendor has been challenged

Disposed of on 20.2.1986 as having not been pressed. The petitioner states that he has got an opinion from a Muslim Jurist that the every concept of court fee and stamps are against the law.


59

299. S.P.No.01/I/1986Amin Jan Naeem


Section 3(1),7 & 11 of the West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act, 1956 challenged being repugnant to injunctions of Islam

Petition allowed. Hon’ble Court held that sub section 3(1) of this Act to extent of requisitioning of property of officers and section 7 to the extent of failure of payment of rent as well as subsequent payment of interest thereon, and section 11 and 12 to the extent of ouster of judiciary are repugnant to injunctions of Islam vide Court judgment dated 12.8.1991.PLD 1992 FSC Page 252

Appeal filed SD 1994 page 205

300. S.P.No.1/K/1986Najmuddin

Vs.Zaenab d/o Qurban

Hussain

Personal grievance. Dismissed on 16.12.1986 as the petitioner has not challenge any law


301. S.P No.01/P/1986Nekzada alias Akhund


Section 381 Cr.P.C regarding issuance of execution warrant unconditionally, section 400 Cr.P.C relating to return of warrant, section 3 to 9 of Punjab Jail Manual regarding keeping the petitioner confined in death cell challenged being repugnant to injunctions of Islam

Dismissed on 5.10.1986 as the Court did not find any jurisdiction to entertain this petition.

Appeal not filed

302. Sh.P.No.02/I/1986Janas & others

Vs. Govt. of NWFP & others

Denial of ownership and possessory right of land under the 1st part of para 650 of the Customary Law of Late State of Swat, challenged being repugnant to injunctions of Islam


Appeal not filed

303. S.P.No.2/L/1986Muhammad Suleman


Pakistan

Section 4 Muslim Family Laws Ordinance, 1961 petitioner prayed that above section of law repugnant to the Injunction of Islam.

Disposed of on 22.1.1987 as no one appeared to prosecute this petition. As the Family Laws are not within the jurisdiction of this court at present




Prayed that this Court to declare the customs of Mujalis, Qul, Some, Tenth, Twentyth, Fortyth and Death Anniversary for EESAL-E-SAWAB etc



305. Sh.P.No.3/L/1986Muhammad Saddique

ChugtiVs.

The Federal Govt: of Pakistan

LINKEDWITH

Sh.P.No.9/L/1986Muhammad Saddique

ChugtiVs.

Petition for declaration Masjid Shahid Ganj as a place worship for the Muslims/ of the Muslims and the said place of worship cannot be turned and converted into any other place.

Petition for declarationMasjid Shahid Ganj as a

Disposed of as having been withdrawn on 18.11.1987 and to redraft it in accordance with Article 203-D of the Constitution and the rules on the point.

Withdrawn on 18-6-1989 as the petitioner wants to file another petition in accordance with the rules.


60

The Federal Govt: of Pakistan and others

LINKEDWITH

Sh.P.No.13/L/1989Muhammad Saddique

Chugtai Vs.The Federal Govt: of Pakistan and others

place worship for the Muslims/ of the Muslims and the said place of worship cannot be turned and converted into any other place.

Petition for declarationMasjid Shahid Ganj as a place worship for the Muslims/ of the Muslims and the said place of worship cannot be turned and converted into any other place.

Dismissed in limine on 2.6.1991 as the learned counsel has failed to point out any law and provision of law.

306. S.P.No.03/I/1986Muhammad Saeed etc.

Vs. Govt. of NWFP etc.

Denial of ownership and possessory right of land under the 1st part of para 650 of the Customary Law of Late State of Swat, challenged being repugnant to injunctions of Islam


Appeal not filed

307. S.P.No.04/I/1986Khan Muhammad


Pakistan through Ministry of Defence

Para 6 and 11 of Martial Law Regulation No.52 regarding compulsory retirement from statutory corporation and other organization, challenged being repugnant to injunctions of Islam.

Dismissed on 5.10.1986 as the same subject matter was already decided in S.S.M No.263-A/83.

Appeal not filed

308. Sh.P.No.4/L/1986Mr. Ghulam Rasool

AdvocateVs.

The President of Pakistan etc

Seeks legislations for those who preach theories other than National (Patriotance) theory and he request that severe punishment should be provided for such people.

Dismissed in limine on 17.11.1986 as the direction of the nature prayed for by the petitioner is not within the jurisdiction of this court.


309. S.P.No.05/I/1986Sindh Govt. Employees Cooperative Housing

Society Ltd Vs.


Cooperative Society Act, 1925, section 1(2) of Zakat & Ushr Ord. 1980 and Rule 17 to 19, 21 & 23 challenged being repugnant to injunctions of Islam

With regard to the second prayer of the petition, the petition was partly allowed vide Court order dated 8.10.1987.

Appeal not filed

310. Sh.P.No.5/L/1986Syed Aziz-ul Islam through General

Attorney Abdul Ghafoor and others


and others

The provision of Martial Law Regulation No.115 of 1972 regarding ceiling on ownership of the property and acquisition of surplus land without compensation. The petitioner prayed that the same be examined and decalred to be Injunction of Islam.

Dismissed in limine on 17.11.1986 as this court has already held in Hafiz Muhammad Amin vs. The Islamic Republic of Pakistan (PLD 1981 FSC 23) that this matter is not within the jurisdiction of this court.

Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360.Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of

61

1984 are partly Allow dated on 10-8-1989 PLD 1990 SC Page-99.and The Rev.Petition has been dismissed being barred by time dated 14-12-1991

311. S.P.No.06/I/1986Muhammad Akram etc.

Vs. Chairman PIA

Martial Law Regulation No.52 regarding compulsory retirement from statutory corporation and other organization, challenged being repugnant to injunctions of Islam


Appeal not filed

312. Sh.P.No.6/L/1986Muhammad Yaqoob

Vs.Muhammad Ali and

others

Challenged the mutation No.468 of 8th of October 1983, whereby a Muslim made a gift to one, depriving the other heirs.the petitioner prayed the this petition may kindly be accepted, and the impugned mutatuion No.466, dated 8-10-1983 as referred to above, may kindly be cancelled.

Dismissed on 14.4.1988 as this question concerns Personal Law which is outside of the jurisdiction of this court.


313. S.P.No.07/I/1986Mst. Sonar Begum


Section 5 of Punjab Laws Act, 1872 challenged being repugnant to injunctions of Islam

Dismissed on 11.10.1987 having no substance with observation that all such customs in relation to succession shall be deemed to have been abolished in view of the Act, 1962 and Ord. of 1972,PLD 1988 FSC Page 1

Appeal filed in the Hon’ble Supreme Court of Pakistan.Dismissed on 14.2.1993

314. S.P.No.08–I/1986Janas & others

Vs. Govt. of NWFP

Para No.650 of Rawajnama of State Swat challenged being repugnant to injunctions of Islam

The petition dismissed being infructuous and not having jurisdiction vide Court order dated 26.10.1986

Appeal not filed

315. S.P.No.09/I/1986Muhammad Saeed &

others Vs.

Govt. of NWFPLINKEDWITH

Sh.P.No.3/L/1986LINKEDWITH

Sh.P.No.13/L/1989

Para No.650 of Rawajnama of State Swat challenged being repugnant to injunctions of Islam

The petition dismissed being infructuous and not having jurisdiction vide Court order dated 26.10.1986

Appeal not filed


Vs.Federation of Pakistan.


Withdrawn on 18-6-1989 as the petitioner wants to file another petition in accordance with the rules.

Appeal not filed

62

317. S.P.No.10/I/1986Khushi Muhammad


Compensation Act and Limitation Act and rules there under relating to compulsory removal from service challenged being repugnant to injunctions of Islam

Petition was returned to petitioner having no jurisdiction on 30.11.1986.

Appeal not filed


Chughtai Vs.

The Federal Govt: of Pakistan and others







319. S.P.No.01/I/1987Noor Ahmed

Vs. Govt. of Punjab

Section 15 of Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam

Disposed of as withdrawn on 9.4.1990 as the Punjab Govt. has already promulgated Punjab Pre emption Ord. 1990, the petitioner has no grievance left.

Appeal not filed

320. Sh.P.No.1/L/1987Sultan Ahmed


through Secretary Ministry of Justice and Parliamentary Affairs Islamabad and seven

others L/W Sh.P.No.2/L/1987

Prays that the date from which the pre-emption Act is in operative and in effective under the decision of the Supreme Court Appellant Bench reported as PLD 1986 SC 360, should be the date when the first legislation of Pakistan was enacted and not thereafter.

Dismissed on 2.4.1987, on the ground that the date that this court can fix will be a date after the period of appeal and in no case retrospectively.

Appeal not filed



Challenged custom of dower.

Dismissed on 25.3.1987 having been found no merit in the petition

Appeal not filed

322. Rev: Pet.No.01–I/1987Muhammad Alif

SubhaniVs.


Section 3(a) of Zakat and Ushr Ord. 1980 challenged being repugnant to injunctions of Islam

The Hon’ble Court took review of its previous decision passed in Sh.P.No.4/I/87 dated 25.2.1987 with observation that the department shall either convey the specific technical objection for correcting the declaration form or shall take a decision in accordance with the Quran and Sunnah and inform the petitioner accordingly.

Appeal not filed

323. S.P.No.02/I/1987Ghulam Ahmed Awan

Vs. The State

Limitation fixed in the Punjab Pre emption Act for the institution of the suit challenged being repugnant to injunctions of Islam

Dismissed on 29.4.1987 with observation that the period of limitation is not repugnant of Quran and Sunnah. This settles the question of validity of the limitation period in other enactment also vide PLD 1981 FSC 23

Appeal not filed

63

324. Sh.P.No.2/L/1987Sultan Ahmed etc


through Secretary Ministry of Justice and Parliamentary Affairs Islamabad and three

others

L/W Sh.P.No.1/L/1987

Prays that the date from which the pre-emption Act is in operative and in effective under the decision of the Supreme Court Appellant Bench reported as PLD 1986 SC 360, should be the date when the first legislation of Pakistan was enacted and not thereafter.

Dismissed on 2.4.1987, on the ground that the date that this court can fix will be a date after the period of appeal and in no case retrospectively

Appeal not filed

325. S.P.No.2/K/1987S.A Zubairy Vs. NBP

Linkedwith

S.P.No.3/K/1987Abdul Majid Qurashi


Assailed Rule 17 (1) (a) of the NBP staff service Rules 1980 as repugnant to the Injunctions of Islam.

Challenged section 3 of the Corporation Employees (Special Powers) Ord: XIII of 1978 as repugnant to the Injunctions of Islam

Allowed on 20.2.1989 as the similar provisions challenged before this court and the Supreme Court were declared repugnant to the Injunctions of Islam as contained in the Holy Quran and Sunnah of the Holy Prophet (PBUH). It was also found that the exercise of the authority there under will result in injustice “Zulm” and “Ziaditi”. The result is that Rule 17(1)(a) is found to be the Injunctions of Islam in so far as it is discriminatory and does not provide for due notice of the action proposed to be taken alongwith the reasons for it and opportunity of showing caused against such action. It has also been held that the President shall take steps to amend the above rules so as to bring it in conformity with the Injunctions of Islam by the 31.8.1989 failing which it shall cease to have effect. PLD 1989 FSC Page 35

Allowed on 20.2.1989 on the ground that sec: 3 is declared repugnant to the Injunctions of Islam PLD 1989 FSC page 31

Not Filed in the Supreme Court

326. S.P.No.03/I/1987Major Muhammad

Sadiq Vs.

Govt. of Pakistan

Prevention from offering prayer by police escort in the mosque of hospital challenged being repugnant to injunctions of Islam

Disposed of on 24.5.987 with observation that the Hon’ble Court felt no jurisdiction to proceed further in the matter.

Appeal not filed

327. Sh.P.No.3/L/1987Muhammad Waheed

AsadVs.

Govt: of Pakistan through Secretary Health Division of

Pakistan Islamabad

Rule 31 of the Drugs (Licensing, registering and advertising) Rules, 1976 peitioner prayed that the provision of the above rule may kindly be declared repugnant to the Holy Quran and Sunnah of the Holy Prophet (PBUH) and derected to be deleted from the

Disposed of on 22.6.1989, as the Rule now made is thus in accordance with the provisions of Sharia and consequently no further interference called for.

Appeal not filed

64

statute Book.328. S.P.No.3/K/1987

Abdul Majid Qurashi Vs.

Govt. of Pakistan

Challenged section 3 of the Corporation Employees (Special Powers) Ord: XIII of 1978 as repugnant to the Injunctions of Islam

Allowed on 20.2.1989 on the ground that sec: 3 is declared repugnant to the Injunctions of Islam PLD 1989 FSC Page 31

Appeal not filed

329. Sh.P.No.04/I/1987Muhammad Alif

SubhaniVs.


Section 3(a) of Zakat and Ushr Ord. 1980 challenged being repugnant to injunctions of Islam

Dismissed in limine on 25.2.1987 as the grievance pertains to fiscal matter, which has not so far been given under the jurisdiction of this Court.

Appeal not filed

330. Sh.P.No.4/L/1987Muhammad Bakhsh Vs.

The State

Prays that death sentence of his son may be converted into life imprisonment.

Disposed of on 14.4.1988 on the ground that the grievance of the petitioner and the prayer made therein do not fall within the jurisdiction of this Court. It, however, deserves close attention of the President.


331. S.P.No.4/K/1987M.Shafi Muhammadi


Challenged Art: 270-A of the Constitution and Sec: 129,130,131 of the Cr.P.C.



332. S.P.No.05/I/1987Faqir Muhammad Vs.

Govt. of Punjab etc.

Section 5 & 7 of Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam.

Allowed. The petition with direction that section 5 & 7 of the said Act shall be amended by the Provincial Govt. within a period of four months from the date of this judgment.29.11.1987,PLD 1988-FSC Page 35

Appeal filed in the Hon’ble Supreme Court of Pakistan.Dismissed on 19-2-1991

333. Sh.P.No.5/L/1987Abdur Rashid


Petitioner prayed that Section 122 transfer of Property Act may kindly be declared to the Injunctions of Islam.

Dismissed on 14.4.1988, as the question, however, stands expressly excluded from the jurisdiction of this court and the petition cannot be entertained.

Appeal not filed

334. S.P.No.5/K/1987Ismail Azad

Vs.Fed. Govt. of Pakistan

Challenged sec: 248 Cr.P.C. as repugnant to the Injunctions of Islam.


Appeal not filed

335. S.P.No.06/I/1987Ghulam Ahmed Awan


Section 15 of Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam


Appeal not filed


QureshiVs.

Pakistan through Secretary Law and

Preliminary Affairs, Govt: of Pakistan and an

other


Linked withS.S.M.No.106/1987

Prays that the provision of punishment as life imprisonment from the offence of disrespect or contempt of the Holy Prophet, provided in section 295-C of the PPC be del cared as null and void.

Vide judgment dated 30-10-1990 the court has been pleased to order that the alternate punishment of life imprisonment as provided in section 295-PPC is repugnant to the injunctions of Islam as given in the Holy Quran and Sunnah and therefore, the said words be deleted there from. The court has further been pleased to order that a clause may further be added to this section so as to make the same Acts or things when said about other Prophets, also offence with the same punishment as suggests in the judgment. The court has further been pleased to order that a copy of this order shall be sent to the President of Pakistan under article 203-B (3) of the

Shariat appeal filed in Supreme Court.Dismissed as withdrawn on 19-5-1991

65

Constitution to take steps to amend the Law so as to bring the same in conformity with the injunctions of Islam. In case, this is not done by 30.4.1991, the words” or imprisonment for life” occurring in section 295-PPC shall cease to have effect on that date. (PLD 1991 FSC Page 10 )

337. Sh.P.No.07/I/1987Abdul Rehman Khan


Deduction of zakat even on savings challenged being repugnant to injunctions of Islam.

Dismissed on 24.3.1987 with observation that as the objection meant to challenge a fiscal law and Hon’ble Court could not entertain the same at this stage.

Appeal not filed

338. Sh.P.No.7/L/1987Muhammad Suleman


Bank LTD etc

Challenged that the provisions of various enactment, terms and conditions mentioned in the mortgaged deed with regard to the recovery of interest may kindly be declared to be illegal and void being against the injunctions of Islam.

Disposed of as not pressed on 2.4.1987, as the jurisdiction to look into the fiscal laws with regard to their repugnancy to Quran and Sunnah has not yet been vested with this court.

Appeal not filed

339. Sh.P.No.08/I/1987Babu Haji Muhammad

Banaras Vs.


The translations of verses of the Holy Quran done by Maulana Mehmood-ul-Hasan and Maulana Ashraf Ali Thanvi challenged being repugnant to injunctions of Islam.

Dismissed on 29.4.1987 with observation that translation made by individuals cannot be deemed to have force of law.

Appeal not filed

340. Sh.P.No.8/L/1987Muhammad Alam Vs.

Federal Government of Pakistan etc

Challenged the inheritance of the right of pre-emption under Section 15 of the Punjab Pre-emption Act 1913, being repugnant to the injunction of Islam.


Appeal not filed

341. Sh.P.No.09/I/1987Malik Nazeer Ahmed

Vs.Muhammad Jameel

Personal grivences challenged being repugnant to injunctions of Islam.

Dismissed on 30.4.1987 having not jurisdiction

Appeal not filed

342. Sh.P.No.9/L/1987Haq Dad Khan

Vs.The Federal

Government of Pakistan through Secretary Law

and Justice, Govt: of Pakistan and another

Prays that the provision of Section 302 of PPC and the schedule of the court of criminal procedure with regards to section 2 PPC and the Laws relating to mercy, be declared as repugnant to the injunctions of Islam.

Vide judgment dated 8.11.1988 the court has been pleased to order that the prayer of petition is covered by judgment of the Shariat appellant bench. The matter being agitated in this petition has already been decided by the court. If advised, petitioner may approach the Shariat appellant bench of the Supreme Court. Disposed off.

Appeal not filed

343. Sh.P.No.10/L/1987Abdul Haq


Prays that clause 3 of section 7 of the Pakistan essential service (Maintenance) Act 1952, may be declared repugnant to the injunction of Islam.

Dismissed on 18.11.1987 on the ground that no provision of such law is shown to be repugnant to the Holy Quran and Sunnah of the Holy Prophet (PBUH). The court has further been pleased to order that the learned counsel is not in a position to show any provision of the Pakistan Essential Service (Maintenance) Act 1952, whereby some grievance is

Appeal not filed

66

caused to an imply but now right redress is given.

344. Sh.P.No.10/I/1987Muhammad Ishaq Khan


No specific law or provisions were challenged being repugnant to injunctions of Islam.

Dismissed on 30.4.1987 as no provision of law was challenged.

Appeal not filed

345. Sh.P.No.11/I/1987Maqbool Ahmed

QureshiVs.

Govt. of Pakistan

Section 28 of Limitation Act, 1908 regarding adverse possession challenged being repugnant to injunctions of Islam.

Dismissed having no merit vide court judgment dated 2.7.1989 with observation that fixing a time limit in presentation or proving a particular is not repugnant to injunctions of Islam. This view has also taken in Muhammad Amin Vs. Islamic Republic of Pakistan PLD 1981 FSC 23. (PLD 1989 FSC Page 89 )

Appeal filed in the Hon’ble Supreme Court of Pakistan and Allowed on 22-5-91 SCMR 1991 Page 2063

346. Sh.P.No.11/L/1987Brig.(Retd) Muhammad

Sabir MullickVs.

Govt: of Pakistan through secretary

Justice Division

Challenges section 1(2) of the Foreign Exchange (Prevention payment) Ordinance 1972 (Ordinance No.XXX of 1972) as incorporated in Act XXII of 1972 as also section 1(2) of the amending Ordinance No. XXIII of 1973, alongwith the validation section 6-A of Act No.VI of 1974, on the ground that the same are repugnant to the injunctions of Islam as contained in Holy Quran and the Sunnah of the Holy Prophet of PBUH.

Disposed of having no merit on 18.11.1987. The court has further been pleased to order that the court cannot hold something which is not shown to exist to be repugnant to the Holy Quran and Sunnah of the Holy Prophet (PBUH).


347. Sh.P.No.12/I/1987Abdul Jabbar


etc.

Section 4 of Muslim Family Ord. 1961 challenged being repugnant to injunctions of Islam.

Disposed of as not pressed on 8.10.1987.

Appeal not filed

348. Sh.P.No.12/L/1987Asghar Ali

Vs.Sardar Ali and two

others

Challenged the judgment dated 5-7-1987 alongwith the decree passed by the learned District Judge Toba Take Singh as being repugnant to the injunctions of Islam.

Disposed of on 14.1.1988 on the ground that the petitioner does not want to press this petition. Deposed of as withdrawn.


349. Sh.P.No.13/L/1987Haq Nawaz Kausary Vs.

Government of the Punjab etc

Challenged Punjab Civil Servant (amendment) Act 1987 whereby an employ has been deprived of his defence after termination of service.


Appeal not filed

350. Sh.P.No.13/I/1987Ghulam Rasool

Vs.Federal Govt. of

Pakistan

Section 4 of Muslim Family Ord. 1961 challenged being repugnant to injunctions of Islam.


Appeal not filed

351. S.P.No.14/I/1987Lt. Col. Ret. Bashir-ud-

Din AhmedVs.

Provisions of Zakat & Ushr Ord. 1980 pertaining to the deduction of Zakat

Disposed of being fiscal matter and out of jurisdiction on 7.10.1987

Appeal not filed

67

Govt. of Pakistan etc. challenged being repugnant to injunctions of Islam.

352. Sh.P.No.15/I/1987Mst. Nasim Akhtar Niaz


The prerogative powers of President of Pakistan to pardon or remit death sentence challenged being repugnant to injunctions of Islam.

Disposed of on 2.2.1989 being out of jurisdiction of this Court and being matter sub-judice in the Hon’ble Supreme Court.

Appeal filed in the Hon’ble Supreme Court of Pakistan and dismissed on dated 17-2-1991

353. Sh.P.No.16/I/1987Muhammad Iqbal

MufuckirVs.

Govt. of Pakistan

Section 1(3) (i)(a) of Zakat & Ushr Ord. 1980 challenged being repugnant to injunctions of Islam.

Dismissed on 7.10.1987 as the matter is of fiscal nature and being out of jurisdiction.

Appeal not filed

354. Sh.P.No.17/I/1987Mulvi Muhammad

GhaniVs.

Govt. of Pakistan

Seeking knowledge regarding right of pre emption on the demise of property.

The question being raised does not pertain to this Court, therefore, dismissed on 17.1.1988

Appeal not filed

355. Sh.P.No.18/I/1987Zafar Awan


Pakistan

L/W

Sh.P.No.19/I/1987Zafar Awan Vs. Islamic Republic of Pakistan.

Section 197 of Cr.P.C and section 6(5) of Cr.P.C Law Amendment Act, 1958 challenged being repugnant to injunctions of Islam.

Allowed on 29.6.1989 with observation that the provision of the sanction of the President

, the Governor of a Province r any other executive authority is, is therefore, repugnant to injunctions of the Holy Quran and Sunnah and directed for suitably amendment before 1.1.1990.PLD 1989 FSC page 84

Appeal filed in the Hon’ble Supreme Court of Pakistan and dismissed on dated 30-11-1991.SCJ 1992 page 305 Revew petition dismissed on 11.10.2004

356. Sh.P.No.19/I/1987Zafar Awan


Pakistan.

Section 197 of Cr.P.C and section 6(5) of P. Cr. Law Amendment Act, 1958 challenged being repugnant to injunctions of Islam.

Allowed on 29.6.1989 with observation that the provision of the sanction of the President, the Governor of a Province r any other executive authority is, is therefore, repugnant to injunctions of the Holy Quran and Sunnah and directed for suitably amendment before 1.1.1990. PLD 1989 FSC page 84

Appeal filed SCJ 1992 page 305 Revew petition dismissed on 11.10.2004

357. Sh.P.No.20/I/1987Abdul Rauf Khan

Vs.Pakistan & 8 other etc.

Section 4 of Muslim Family Law Ord. 1961 challenged being repugnant to injunctions of Islam.


Appeal not filed




358. Sh.P.No.1/I/1988Niaz Ahmed

VsIslamic Republic of

Pakistan & etc

Challenged Section 401 Cr.P.C (power Exercised by the Governor of Punjab) relating to Commuting the sentence of death of Riaz Ahmed to imprisonment for life. Vide letter are dated 8-11-1987 is repugnant to Injunction of Islam.

Dismissed in limine.It is neither necessary nor proper to pass any order in this case. The order of the Supreme Court to be passed in the above noted case will cover the situation.Order dated; 2-2- 1989.


68

359. Sh.Ref.No.1/I/1988Muhammad Yousaf etc

VsThe State

Request for decision application for the suspension/recall of the order of execution of death penalty issued by the sessions Judge Faisalabad for 4-7-1988 to the superintendent Central Jail Sahiwal. The Sessions Judge, Faisalabad U/S 4 Enforcement of Shariat Ordinance, 1988, Stating therein that the Sentence of Death cannot be executed unless complainant party is asked whether they are ready to accept Diat or want Qasas. The execution Order as being repugnant to the Injunction of Islam.

The Court has found no merit in this application and reference and the same has dismissed in limine on dated 7-7-1988Approved for Reporting.PLD 1988-FSC Page 113


360. Sh.P.No.1/L/1988Manzoor Ahmed

VsThe Province of Punjab.

The petitioner has challenged Section 2 & 3 of the Punjab Muslim personal Law application (Removal of difficulties) Act of 1975 and found repugnant to the injunctions of Islam.

The Court has found the principal of ‘Taqadam’ and Tamadi’ are well-known in Islam and, therefore, no repugnancy of any nature is therein. The result is that this petition has no merit and has dismissed on dated 14-4-1988.


361. Sh.P.No.1/K/1988Inamur Rehman

VsThe Government of

Pakistan

Challenged Provision of Section 2(3) and Section 4 of the exchange (Prevention of Payment) Act, 1972 is voilative of the Injunctions of Islam. For the reason that they inter-alia authorized breach of contract, breach of trust, destroy sanctity of private property, permit discrimination and allow retrospective application.

Allowed.The Court has declared that Section 2(3) and 4 to be repugnant to the Quran and Sunnah.Judgment dated; 24-5-1990.

Appeal filed in supreme Court and dismissed withdrawn on 20-2-1993

362. S.P No.01/P/1988Dilaram

Vs.Zakirullah & others

Section 4 of Muslim Family Law Ord. 1961 regarding inherited property challenged being repugnant to injunctions of Islam

Disposed of on 13.3.1989 as the matter falls outside the jurisdiction of this Court.

Appeal not filed

363. Sh.P.No. 2/I/1988Miss. Khalida and

anotherVs

The State

Requested through this petition that the Court issue release order under the Islamic Law the life convictive had already undergone 12 years imprisonment the Father and Mother

Disposed of.The case has already been filed before the Supreme Court of Pakistan by the petitioner which is still pending and the matter is not within jurisdiction of this Court too.Order dated; 2-2-1989.


69

of decided have excused the accused through Affidavit before special Magistrate Mirpur Khas and given their joint statement before District Magistrate thearparkar Sind.

364. Sh.P.No.2/L/1988Muhammad Ikram-ul-

Haq ChaudhryVs

The Government of Pakistan.

Linked with

Sh.P.No.7/L/1988Nazar Hussain

VsGovernment of Punjab.

Challenged the Provisions of section 8(2) the Punjab Pre-emption Act 1913 are repugnant to the injunction of Islam as laid down in the Holy Quran and Sunnah.


This Court and The Supreme Court of Pakistan has already been declared as Un-Islamic the power of the Government to exempt certain lands from pre-emption vide judgment reported as P.L.D. 1986 S.C.360 N.L.R.1986 S.C.J 446, N.L.R. 1986 S.D.212 and N.L.R.1988 S.D.224. After Perusing the judgments on the point it has been decided to withdraw the petition for the reason that the needful appears to have of as having been withdrawn on dated 18-10-1988

do


365. Sh.P.No.2/K/1988Syed Tanweer Hussain

ZahidiVs

House Building Finance Corporation

The petitioner has prayed for direction to write off the Interest on Loan and discontinuance of further interest.

Office has informed to petitioner dated 7-11-1988 that the matter involve does not lie within the jurisdiction of this Court.


366. Sh.P No.02/P/1988Sikandar Khan


Section 25 of the Civil Servant Act, 1973 regarding composition, cadre & seniority challenged being repugnant to injunctions of Islam

Disposed of on 13.3.1989 as the matter did not fall within the jurisdiction of this Court.

Appeal not filed

367. Sh.P.No.3/I/1988M. Altaf Tariq

VsGovernment of Pakistan

Requested that the Courts give/obtain Justice in-expensive. Issue of Court Fees being repugnant to the Injunctions of Islam.

Disposed of as withdrawn.Order dated; 9-1-1989.


368. Sh.P.No.3/L/1988Dr. Muhammad Yaqoob

BhattiVs


The Petitioner has filed this petition stating therein that section 13 of Civil servants Act, 1973 was declared as repugnant to the injunctions of Islam by the federal Shariat Court as well as by the Shariat Appellate Bench of supreme

If advised be may approach the High Court for a direction or other relief. Inform accordingly.(Note Portion at Para 10, approve by Chief Justice on dated 14-5-1988.


70

Court of Pakistan. He further stated that he applied for his reinstatement as he has not reached the normal age of superannuation of 60 years but government has not considered his case on the Ground that decision of the Shariat Appellate Bench does not apply to those cases in which order of retirement had been passed before the date of judgment and the cases of retirement decided in the past under Section 13 of the Civil Servants Act, 1973 cannot be re-opened. Reply of the Federal Government is at “F/A”.

369. Sh.P.No.3/K/1988Bashir Ahmed

KhanzadaVs

III rd A.D.J and law of Limitation

The petitioner has dis-satisfied with order dated 9-5-1988 passed by Hon’ble High Court Sind Hyderabad Circuit in Civil R.A.No.87 of 88, Bashir Ahmed Vs III rd Additional District Judge, Nawabshah. That this Hon’ble Court may be pleased to declare that the Law of Limitation is against the fundamental Principles of Islam.

The office has informed to petitioner dated on 4-12-1988 that matter involve does not lie within the jurisdiction of this Court.


370. Sh.P.No.4/I/1988I.A.Sahrwani

VsThe Government of

Pakistan

Linked With

S.S.M.No.4/P/1989

Linked With

S.S.M.No.5/S/1989

Linked With

Challenged Section Rules 5 and 8 of the Government Servants (Efficiency and Discipline) Rules, 1973, on the ground that they are repugnant to the Injunction of the Holy Quran and the Sunnah.

Punjab Civil Servants (Efficiency & Discipline) Rules, 1975.

Sindh Civil Servants (Efficiency & Discipline) Rules, 1973.

Dismissed.The Court has declared that rule 53 FR and all the Parallel rules of the Provinces are repugnant to Quran and Sunnah of the Holy Prophet.Order dated; 8-11-1990. MLD 1991, Page 2613,

Dismissed.The Court has declared that rule 53 FR and all the Parallel rules of the Provinces are repugnant to Quran and Sunnah of the Holy Prophet.Order dated; 8-11-1990.


Appeal filed in the Hon’ble Supreme Court of Pakistan and dismissed on dated 15-2-1993. NLR 1994, SDPage 197

71

S.S.M.No.6/NWFP of 1989

Linked With

S.S.M.No.7/B/1989

NWFP Civil Servants (Efficiency & Discipline) Rules, 1973.

Baluchistan Civil Servants (Efficiency & Discipline) Rules, 1974.


Dismissed.The Court has declared that rule 53 FR and all the Parallel rules of the Provinces are repugnant to Quran and Sunnah of the Holy Prophet.Order dated; 8-11-1990

371. Sh.P.No.4/L/1988Syed Nawazish Ali

VsFederation of

Pakistan.

Petitioner has prayed that CMLA’ Order No.3 of 1982 under the title the provisional Constituent (second amendment) order 1982 inserting Article 13/A in the provisional Constitution order, 1981 may Kindly be declared against the injunction of Islam as laid down in Holy Quran and Sunnah.

The jurisdiction of this Court only extends to existing laws and they can be declared repugnant with the prospective effect, the Court cannot make any decision about a law which has already been repealed or expired. There is thus no merit in this petition and the same has dismissed on dated 8-12-1988.


372. Sh.P.No.4/K/1988Abdur Rab Jaffery etc


Linked with Sh.P.No.26/I/1988


Linked withSh.P.No.5/I/1989



Section 12 and 21of the representation of the Peoples Act, 1976.Sections 2(C) and 4 of the Political Parties Act, 1962.

The Court has declared that the Political parties Act, 1962 has been repealed and has been replaced by the Political order, 2002 (Chief Executive Order No.18 of 2002). In view of what is stated above, the above named petition and all the connected petitions have become infructuous and disposed of accordingly.Dated: 20.05.2008


373. Sh.P.No.5/I/1988Shad Muhammad


Linked With

Sh.P.No.10/I/1988Muhammad Anwar

VsMinistry of Law

Linked With

Sh.P.No.11/I/1988Mst. Bashira

Vs

Challenged Article 22 of the Land Reforms Regulation 1972 (MLR 115) as being repugnant to the Injunction of Islam.

Challenged Article 22 of the Land Reforms Regulation 1972 (MLR 115). as being repugnant to the Injunction of Islam.

Challenged Article 22 of the Land Reforms

Dismissed.The Court has already been discussed these challenged points in its reported Judgment in PLD 1981 FSC-23Judgment dated; 8-11-1988.


Dismissed.The Court has already been discussed these challenged points in its reported Judgment


72


Linked With

Sh.P.No.17/I/1988Muhammad Akram

VsGovernment of

Pakistan.

Regulation 1972 (MLR 115) as being repugnant to the Injunction of Islam.


in PLD 1981 FSC-23Judgment dated; 8-11-1988.


374. Sh.P.No.5/L/1988Muhammad Aslam

BehleemVs

Province of Punjab and another.

The petitioner has challenged Section 8(2) of the Punjab Pre-emption Act on the ground that it is repugnant to the Injunctions of Islam as contained in the Holy Quran and Sunnah. He further stated that the supreme Court of Pakistan and this Court has already declared as un-Islamic the power of the Government to exempt certain lands from pre-emption vide judgments reported as P.L.D. 1986 S.C.360 N.L.R.1986 S.C.J.446 N.L.R. 1986 S.D.212 and N.L.R.1988 S.D.224. He felt aggrieved that no specific section has been mentioned in the judgment despite the fact that the power of the Government has been declared as un-Islamic.

The petitioner, After the perusing the judgment on the point he has been decided to withdraw the petition for the reason that the needful appears to have already been done. This petition shall stand disposed of as having been withdrawn.Dated: 18-10-1988.


375. Sh.P.No.5-A/L of 1988Dr. A.M.Khan

VsThe Government of

Pakistan.

The petitioner has challenged through petition the Section 84 of the cantonment Act, 1924, is in accord with the Injunctions of Islam as contained in the Holy Quran and the Sunnah of the Holy Prophet. Section of Cent Act, 1984. Cantonment Act: Section 13-A, 24, 25, 46, etc have also been challenged above cited grounds.

The petition has dismissed on dated 26.3.1991 By Large Bench.District magistrate has no direct powers or say in the affair of the Cantonment and by virtue of Section 13-A of the said Act district Magistrate is not a member of Board. He can only nominate Ist Class Magistrate on the Board consisting of so many members. In view of this situation and legal position the appointment of district magistrate as appellate authority is not repugnant to the Injunction of Islam as laid down in the Holy Quran and Sunnah of the Holy Prophet (S.A.W)(PBUH)


376. Sh.P.No.5-B/L of 1988Dr. A.M.Khan

Vs

The petitioner has challenged sections 8,9,10 and 21 of the

The Petitioner has not able to point out any such defect. In this view of the matter, the Court


73


Canal and Drainage Act 1873, on the ground that they are repugnant to the Injunctions of Islam as given in the holy Quran and the Sunnah of the Holy Prophet.

found no merit in this petition and the same has, therefore, dismissed.

377. Sh.P.No.5-C/L of 1988Dr. A.M.Khan

VsThe Government of

Pakistan.

The petitioner has challenged the Provisions of the Land Revenue Act, 1967 that they are repugnant to the Injunctions of Islam as given in the holy Quran and the Sunnah of the Holy Prophet.

After hearing the petitioner for some time again the Court found that there is nothing repugnant in any of the laws pointed out by petitioner. This petition shall, therefore, stand disposed of accordingly.Dated: 27-3-1989.


378. Sh.P.No.5/K/1988Muhammad Yousaf

RustamaniVs

Provision of Sindh and another

Challenged Section 37(1) of the Mehran University of Engineering and Technology Act, 1977 (Sind Act, IV 1977) as repugnant to the Injunction of Islam. (Compulsory Retirement after 25 years of Qualifying Service).

Allowed.The FSC has declared that the involve Section found to be repugnant to the Injunction of Islam.Judgment dated; 7-6-1989.


379. Sh.P.No.6/I/1988Jamil-ur-Rehman


Challenged section 18(3), 22-A, 50(2) and 54 of the Land Acquisition Act, 1894 being repugnant to the Injunctions of Islam.

Accepted.The Court has declared that these Sections are found repugnant to the Injunctions of Islam and further directed to Government that the necessary amendment shall be made by the 30th

September, 1989.Order dated; 30-3-1989.

Appeal filed in the Hon’ble Supreme Court of Pakistan and dismissed on dated 18-2-1991

380. Sh.P.No.6/L/1988Hassan Ali Qureshi

VsThe Government of

Punjab.

The petitioner wants and has prayed the interpretation of Supreme Court this Court decision in Sh.P.No. 1/L/1983 regarding provision of Section 12 (ii) of Civil Servant Act, 1974 held against the Injunctions of Holy Quran and Sunnah of the Holy Prophet.

After approval of the Hon. Chief Justice, the office has informed the petitioner that the matter does not fall within the Jurisdiction of this Court. You may approach relevant forum i.e High Court for a direction or other relief.Dated: 11-8-1988.


381. Sh.P.No.7/I/1988Muhammad Irshad


Filed petition against the conviction and sentence (25 years and fine of Rs.25, 000) which has been sentence by Marshala Court. The compromise between the parties has been completed. The Father of decease has forgiven the murder of his son. He has prayed that the Court to release from the Jail and has Imprisonment as being

Disposed of, because the Father of the petitioner has pointed out that an appeal has been filed before the Shariat appellate Bench of the Supreme Court of Pakistan which is pending for decision.Order dated; 2-2-1989.


74

repugnant to the Injunctions of Islam.

382. Sh.P.No.7/L/1988Nazar Hussain

VsGovernment of Punjab.

Linked with

Sh.P.No.2/L/1988Muhammad Ikram-ul-

Haq ChaudhryVs


Sh.P.No.11/L/1988 Muhammad Jamil Khan

VsThe Government of

Punjab etc.



The petitioner has challenged Section 7 of the Punjab Pre-emption Act on the ground that it is repugnant to the injunctions of Islam as contained in the Holy Quran and Sunnah.

This Court and The Supreme Court of Pakistan has already been declared as Un-Islamic the power of the Government to exempt certain lands from pre-emption vide judgment reported as P.L.D. 1986 S.C.360 N.L.R.1986 S.C.J 446, N.L.R. 1986 S.D.212 and N.L.R.1988 S.D.224. After Perusing the judgments on the point it has been decided to withdraw the petition for the reason that the needful appears to have of as have already been done. These petitions shall stand disposed of as having been withdrawn on dated 18-10-1988

-do-


383. Sh.P.No.8/I/1988Sikander

VsMuhammad Anwar

Challenged section 24 of the NWFP pre-emption Act No X of 1987 for the deposit of 1/3rd of the sale price in cash and 2/3rd of the sale price as a Bank guarantee in a Pre-emption suit is repugnant to the Injunctions of Islam.

Disposed of.According to learned counsel this petition is yet under consideration before the District Judge Abbottabad.Order dated; 6-11-1988.


384. Sh.P.No.8/L/1988Dr. Muhammad Yaqub

BhattiVs


The Petitioner has challenged Sub-Section 10 of Section 4 of the enforcement of Shariah Ordinance, 1988 promulgated on 15th June 1988 so as to come into force at once vide Section 1 (4) on the ground as to the Injunctions of Islam without any doubt.

As the provisions of the law sought to be assailed in this petition have already lapsed due to efflux of time, this petition abates and shall stand disposed.Dated: 24-5-1989.


385. Sh.P.No.9/I/1988Nek Muhammad

VsUBL etc

Requested that the Court declare the compound interest to the Injunctions of Islam.

Returned because the Court has no jurisdictionDated; 30-7-1988.


75


VsThe Federation of Pakistan & others.

Request stays Executions of sentence of death through this Shariat petition.

The petitioner does not press this petition and wants to withdraw it. Petition has disposed of accordingly.Dated: 7-7-1988.


387. Sh.P.No.10/I/1988Muhammad Anwar

VsMinistry of Law

Linked WithSh.P.No.5/I/1988





Appeal filed in the Hon’ble Supreme Court of Pakistan and Allowed on dated 23-2-1993.

388. Sh.P.No.10/L/1988 Muhammad Aslam Vs


Prayed that the law relating t issuance of black warrants of death prior to to giving the time to the accused person for negotiation with the heirs of the deceased for Dayat be declared, against the canons of Islam and the respondents may kindly be directed to provide an opportunity to Aslam for negotiation with the heirs of the deceased person for settlement of Dayat. Request stays Executions of sentence of death through this Shariat petition.

The petitioner does not press this petition and wants to withdraw it. Petition has disposed of accordingly.Dated: 7-7-1988.


389. Sh.P.No.11/I/1988Mst. Bashira


Linked With Sh.P.No.5/I/1988






390. Sh.P.No.11/L/1988 Muhammad Jamil Khan

VsThe Government of

Punjab etc.

The petitioner has challenged Section 7 of the Punjab Pre-emption Act petitioner prayed that the above section of law as being repugnant to the injunctions of Islam as contained in the Holy Quran and Sunnah.

This Court and The Supreme Court of Pakistan has already been declared as Un-Islamic the power of the Government to exempt certain lands from pre-emption vide judgment reported as P.L.D. 1986 S.C.360 N.L.R.1986 S.C.J 446, N.L.R. 1986 S.D.212 and N.L.R.1988 S.D.224. After Perusing the judgments on the point it has been decided to withdraw the petition for the reason that the needful appears to have of as have already been done. These petitions shall stand disposed of as having been withdrawn on dated 18-10-1988.


76

391. Sh.P.No.12/I/1988Abdul Majeed Mirza etc


Challenged section 15 of the payment of Wages Act (VI) of 1936 and the payment of Wages (Federal Railways) Rules, 1938 against the Injunctions of Islam.

Dismissed, Judgment dated; 29-6-1989The Court has declared that the fixing a time limit in presentation or proving a particular claim is not repugnant to the Injunctions of Islam. Muhammad Amin-Vs-Islamic Republic of Pakistan (PLD-1989-FSC-Page 143.


392. Sh.P.No.12/L/1988Iftikhar Hussain Abid

VsEvacuee Waqf Property

Board and etc.

The petitioner has challenged the laws of Evacuee Waqf Property Board.

Disposed of. Withdraw on request of Petitioner.Dated: 18-10-1998


393. Sh.P.No.13/I/1988Ch. Bashir Ahmed

VsProvince of Punjab.

Challenged Section 7(3) (4) of C.S.R 1974 being repugnant to the Injunctions of Islam.

Disposed as withdrawn on the request of petitioner.Order dated; 7-11-1988.


394. Sh.P.No.13/L/1988Muhammad Salahuddin

etcVs

he Government of Pakistan

Linked with

Sh.P.No.18/I/1988Malik Muhammad

Usman VsThe Government of

Pakistan.

Linked with

Sh.P.No.19/I/1988Habib-ur-Wahab-ul-

Khari VsFederal Government of

Pakistan

Petitioner has challenged Section 6 of the Political Parties Act and Section 14 & 25 of the National & Prov: Assembles. Elec. Act, 1977. (Qualification of the candidate of the parliament or the Provisional Assembles) -----------

1. Electrol Roll Act, 1974, sections 6(2)(a)(b)(c) 25(a)(b).

2. The Representation of the People Act, LXXXV of 1976 section 99. ------------

The petitioner has challenged Section 13, 14,(3)(6) 49 of Political Parties Act, 1976 being repugnant to the Injunction of Islam.

The Court has declared (dated 16-10-1989) that sections 13, 14, 49, 50, 52 of Representation of the People Act are against the Quran Sunnah. Sections 86 & 89 providing for secrecy may be retained. But Section 38 (4) (C) (ii) excluding from the count an otherwise valid vote merely because the voter has disregarded the rule of secrecy is repugnant to Quran and Sunnah (4:135). The Representation of the people Act, 1976 and the Houses of the parliament and provincial Assemblies (Election) Order, 1977 should accordingly be amended by the president by the President of Pakistan by 31.12.1989. Section 13, 14, 49, 50, 52 and 38 (4) (c), (ii) cease to have effect after 31-12-1989.(PLD-1990 FSC Page-1).The court has dismissed the Shariat Petitions in the matter of section 6(2)(a)(b)(c) and section 25 of the Electrol Rolls Act, 1974 dated 18-4-1990.

Appeal has been filed in the Hon’ble Supreme Court of Pakistan and pending

395. Sh.P.No.14/I/1988Malik Ghulam Rasool

VsThe State

Requested that the Court declare word of Azan according to Sharia-Muhammadi.

Dismissed.The Court has already been dismissed a petition No. 4/K/1985 on the ground that no law had been challenged therein and this petition also does not fall within jurisdiction of this Court. Order dated; 7-11-1988.


396. Sh.P.No.14/L/1988Sajwara etc


Pakistan

Linked with

Challenged Para 24 of the land Reform Regulation, 1972 petitioner prayed that the above Section of Law may kindly be declared to be repugnant to the Injunction of Islam.

The Court has declared that the Para 24 is repugnant to the injunction of the Holy Quran and Sunnah of the Holy Prophet (PBUH) and same need be amended in the light of discussion.Dated: 29-6-1989.PLD 1989 FSC Page 80.

Appeal has dismissed on 15-11-1993,

77

Sh.P.No.2/L/1989Allah Wasaya

VsThe Government of

Pakistan

--------------Challenged Para 24 of the land Reform Regulation and said that the bar contained therein against sale of property by an owner in the situation mentioned therein is against Quran and Sunnah of the Holy Prophet.

The Court has declared that the Para 24 is repugnant to the injunction of the Holy Quran and Sunnah of the Holy Prophet (PBUH) and same need be amended in the light of discussion.Dated: 29-6-1989.

397. Sh.P.No.15/I/1988Shabir Khan

VsThe State

Requested and want for stay of the execution of the sentence of death.

Disposed of.The Court has declared that this Court has no jurisdiction to issue any stay order the request in not sustainable. He may approach the other appropriate forum.Order dated; 7-11-1988.


398. Sh.P.No.15/L/1988Ali Imran

VsThe State

The petitioner has challenged Section 3 and 5 of the Punjab Maintenance of Public Order, 1960 and sections 107,150 and 151 of Cr.P.C. but he inadvertently mentioned PPC instead of Cr.P.C. the petitioner prayed that the Hon’ble Court may kindly be declared the above Sections of laws being repugnant to the Injunctions of Islam.

The Court Declared the Provisions challenged in the petition namely sections 107, 150 and 151 of the Pakistan Penal Code are being Separately Considered by this Court. This petition, therefore, Shall stand dismissed.Dated: 21-5-1989.


399. Sh.P.No.16/I/1988Raj Wali

VsMuhammad Arif and

another

Challenged Section 401 and 402 Cr.P.C. as being against the Injunctions of Islam.

Disposed of on dated 7-11-1988 that the learned Council for petitioner has not press this petition and wants to approach before the High Court disposed of accordingly.Order dated; 7-11-1988.


400. Sh.P.No.16/L/1988Muhammad Aslam

VsThe Government of

Punjab.

The petitioner has challenged the Provisions of Section 204 Cr.P.C and has prayed that Hon’ble Court may kindly be declare that Section 402 Cr.P.C is repugnant to Quran and Sunnah and is Ultra vires and without authority.

The Court has informed that the appeal filed by the Government has been heard by the Appellate Bench of the Supreme Court of Pakistan and the order to be passed by the Supreme Court would cover the point misplaced and stands disposed of accordingly.Dated; 7-12-1988.


401. Sh.P.No.17/I/1988Muhammad Akram

VsGovernment of

Pakistan.Linked With

Sh.P.No.5/I/1988Linked With

Sh.P.No.10/I/1988Linked With

Sh.P.No.11/I/1988




78

402. Sh.P.No.17/L/1988Nawab Ali

VsRaja Abdul Qayyum

Civil Judge and another.

The petition has Requested through Shariat petition for stay of Tenancy Act, 1913 while he has not challenged any provision of law.

The Court has found that this petition has been drafted by the petitioner himself and not completed under the rules. He has not mentioned the relevant provisions of law and has also not given the text of Quran and Sunnah to which they are repugnant. It is, therefore, prayed for its withdrawal to file a fresh order accordingly on dated 8-12-1988.


403. Sh.P.No.18/I/1988Malik Muhammad

Usman Vs




1. Electrol Roll Act, 1974, sections 6(2)(a)(b)(c) 25(a)(b).

2. The Representation of the People Act, LXXXV of 1976 section 99.

The Court has declared (dated 16-10-1989) that sections 13, 14, 49, 50, 52 of Representation of the People Act are against the Quran Sunnah. Sections 86 & 89 providing for secrecy may be retained. But Section 38 (4) (C) (ii) excluding from the count an otherwise valid vote merely because the voter has disregarded the rule of secrecy is repugnant to Quran and Sunnah (4:135). The Representation of the people Act, 1976 and the Houses of the parliament and provincial Assemblies (Election) Order, 1977 should accordingly be amended by the president by the President of Pakistan by 31.12.1989. Section 13, 14, 49, 50, 52 and 38 (4) (c), (ii) cease to have effect after 31-12-1989. (PLD.1990 FSC. Page 1)The court has dismissed the Shariat petition in the mater of section 6(2)(a)(b)(c) and section 25 of the elcetrol roll Act.1074,dt.18.4.1990.

Appeal has filed.and pending.

404. Sh.P.No.18/L/1988Muhammad Siddique

Chughtai Vs


Amended Petition instead of

Sh.P.No.3/L/1986

The petitioner has prayed in amended petition that the Court declare the order dated 26.1.1938 passed by the full Bench of Lahore High Court Lahore in the case “Masjid Shaheed Gunj…Vs….Sharoomani Gurdawara Parbandhak Committee”, prejudice, against the provisions of law and absolutely repugnant to the Injunctions of Islam as laid down in the Holy Quran.

After arguing his case the petitioner has requested to with draw the petition so as to pursue the relevant remedies in other Courts or forum. They might also like to file petition specifically challenging the relevant laws to this Court also. Disposed of accordingly.Dated: 7-12-1988


405. Sh.P.No.19/I/1988Habib-ur-Wahab-ul-

Khari VsFederal Government of

PakistanLinked with

Sh.P.No.13/L/1988

The petitioner has challenged Section 13, 14,(3)(6) 49 of Political Parties Act, 1976 being repugnant to the Injunction of Islam.

The Court has declared(judgment dt.16.10.1989) that sections 13, 14, 49, 50, 52 of Representation of the People Act are against the Quran Sunnah. Sections 86 & 89 providing for secrecy may be retained. But Section 38 (4) (C)

Appeal has filed. And pending

79


(ii) excluding from the count an otherwise valid vote merely because the voter has disregarded the rule of secrecy is repugnant to Quran and Sunnah (4:135). The Representation of the people Act, 1976 and the Houses of the parliament and provincial Assemblies (Election) Order, 1977 should accordingly be amended by the president by the President of Pakistan by 31.12.1989. Section 13, 14, 49, 50, 52 and 38 (4) (c), (ii) cease to have effect after 31-12-1989.(PLD 1990 FSC. Page 1) The court has dismissed the Shariat petition in the mater of section 6(2)(a)(b)(c) and section 25 of the elcetrol roll Act.1074,dt.18.4.1990.

406. Sh.P.No.19/L/1988Syed Tasadduq Hussain


Pakistan

The petitioner has challenged Section 8(3) and 10 of the Evacuee Trust Properties (management and Disposal) Act, 1975, the petitioner prayed that the Hon’ble Court may kindly be declared the above Section of laws being repugnant to the Injunction of Islam.

The Court has declared that Sections 8(3) and 10 of the Act, therefore, do not violate any Injunction of Islam as given in the Quran and Sunnah of the Holy Prophet. This petition thus has not merit and is dismissed.Dated: 9-1-1988.PLD 1989 FSC Page 80

Appeal has dismissed for non procecution on 17-2-1991

407. Sh.P.No.20/I/1988Dr. Farida Afzal


Challenged the appointment of Woman as a Head of the State as being against the Injunctions of Islam.

Disposed of as withdrawn because petitioner does not press this petition and wants to withdraw.Order dated; 30-11-1988.


408. Sh.P.No.21/I/1988Muhammad Yaqoob



Dismissed.The Court has no jurisdiction.Order dated; 30-11-1988.


409. Sh.P.No.22/I/1988Ch. Bashir Ahmed


Challenged Section 7(3) (4) of C.S.R 1974.



410. Sh.P.No.24/I/1988Ch. Muhammad Irshad

VsRafique Kazam

Challenged Limitation Act has being repugnant to the Injunctions of Islam.

Informed to applicant through office latter that the matter is out of jurisdiction of this Court.Dated; 11-1-1989.


411. Sh.P.No.25/I/1988Pir Muhammad Ibrahim



Dismissed.The Court has no jurisdiction.Order dated; 15-1-1989.


412. Sh.P.No.26/I/1988Mrs. Yasmeen Raza


Linked withLinked with

Sh.P.No.4/K/1988

Section 12 and 21of the representation of the Peoples Act, 1976.Sections 2(C) and 4 of the Political Parties Act, 1962.Articles 4, 5 and 6 of

The Court has declared that the Political parties Act, 1962 has been repealed and has been replaced by the Political order, 2002 (Chief Executive Order No.18 of 2002). In view of what is stated above, the above named


80





the Houses of Parliament and Provincial Assemblies (Election) Order 1977. Section 6(2) (a) (b) of the Electoral Rolls Act, 1974.

petition and all the connected petitions have become infructuous and disposed of accordingly.Dated: 20.05.2008




413. Sh.P.No.1/I/1989Ahmed Bhai Patail


Personal grievance. Disposed of on 15.1.1989. Appeal has not filed.

414. Sh.P.No.01/L/1989Nazir Ahmed Qureshi

etcVs.

Government of Punjab etc.

Petitioner prayed that the Hon’ble Court may kindly be declared the Section 10(i) Punjab Civil Servant Act, 1974 to be declared as being repugnant to the Injunctions of Islam.

Petition returned to petitioner on 12.1.1989.

Appeal not filed

415. Sh.P.No.1/K/1989Nusrat Baig Mirza

VsThe Government of

Pakistan and Province of Sindh

Challenged the Provision of Rules 14 of Sind Civil Servants (Appointment Promotion and Transfer) Rules, 1973 prescribing the Quouta System in filling the vacancies under the Federal Government and Provincial Government of Sindh on the ground that they are repugnant to the Injunctions of Islam and Office Memorandum No.8/9/72-TRV dated 31-8-1973.

Allowed.The Court has declared that the challenged provision and memorandum found to be repugnant to the Injunctions of Islam.Judgment dated; 23-4-1992.PLD 1992 FSC Page 412

Appeal filed in Supreme Court of Pakistan to the extent of S.A.No.81-of-1992 has been dismissed on 22-4-2009 while S.A.No.79,82,83,84, are in there places.

416. S.P.No.2/I/1989Nawab Ali through Hakim Ghulam Ali


Personal grievance. Disposed of on 13.3.1989, as the grievance does not fall within the jurisdiction of this Court inasmuch as that no provision of law is challenged as repugnant to the injunctions of Islam.


417. Sh.P.No.02/L/1989Allah Wasaya etc.


Pakistan etc.L/W

S.P.No.14-L/1988

Challenged Para 24 of the land Reform Regulation and said that the bar contained therein against sale of property by an owner in the situation mentioned therein is against Quran and Sunnah of the Holy Prophet.

Petition allowed on 29.6.1989 with observation that para 24 of MLR 115 is repugnant to the injunctions of Islam on dated 29-6-1989.PLD-1989, FSC-PAGE-80

Appeal filed in the Supreme Court of Pakistan and dismisse on 15-11-1993.

81

418. Sh.P.No.2/K/1989Inayat ullah

VsThe Government of

Sindh

Challenged section 31 of the Sind Servant Act, 1973.

Disposed of.The same provision had been declared by the Shariat Appellant Bench of Supreme Court of Pakistan in PLD-1987-SC-304.Order dated; 14-6-1989.


419. Sh.P.No.3/I/1989Raja Abdul Raziq Adil

Vs. The Govt. of Islamic Republic of Pakistan

Personal grievance. Returned to the Advocate for the petitioner by the Deputy Registrar (Judicial) on 23.1.2009, for bifurcating the petition in respect of each law in question.


420. Sh.P.No.3/L/1989Bashir Ahmed Naveed

VsThe Government of

PakistanLinked with

Sh.P.No.26/I/1988Linked with

Sh.P.No.4/K/1988Linked with



Sh.P.No.12/I/1990

The petitioner has challenged the electrol act,1974 XXI section 1974 section 6(2) the prescentition of the people act 1976(Lxxxv of 1976 section 28 and 12,42.Policil party act 1962 III of 1962 amended I 1988



421. Sh.P.No.3/K/1989M/S Professional

BuilderVs


Challenged Section 2 of the Amendment Ordinance, VI of 1989 in MLR-57.

Dismissed because the Ordinance in question had its self lapsed.Order dated; 11-6-1991.


422. Sh.P.No.4/I/1989Raja Abdur Razaq Adil

Vs.The State

Challenged clause (e) of Section 2 of the Enforcement of Sharia Ordinance, 1988.



423. Sh.P.No.04/L/1989Aftab Ahmed Shami Vs.


Pakistan Press and Publication Ordinance, 1963 Petitioner prayed that the “statute” in its present forum, may be declared to be volatile of injunctions of Islam.


Appeal not filed

424. Sh.P.No.4/K/1989Ahsan Ghayur

VsMinistry of Law, The


Challenged the entire electoral system of Pakistan is found against the Islamic Injunctions.

Dismissed accordingly on 31-12-1989.


425. S.P.No.05/L/1989Abdul Rasheed

Vs.The State

Section 302/34 PPC petitioner prayed that the conviction and sentence of the petitioner may kindly be set aside in view of the compromise and they be set at liberty forthwith.

Petition became infructous on 4.3.1990

Appeal not filed

426. Sh.P.No.5/I/1989Raja Abdul Razzaq

VsThe Government of

PakistanLinked with


Sh.P.No.4/K/1988

The Provision of Law contained is Section 4 of the Political parties Act, 1962 in sofar as it allows more than one Political Parties to form and organize its activities allegedly placing their reliance

The Court has declared that the Political parties Act, 1962 has been repealed and has been replaced by the Political order, 2002 (Chief Executive Order No.18 of 2002). In view of what is stated above, the above named petition and all the connected petitions have become

Appeal has not filed

82




on ideology of Islam, and other Provisions of the said Act, facilitating the formation of more than one political party in the Country. Is contrary to the injunctions of Islam as contained in the Holy “Quran” and Sunnah of the Prophet. ------------------

infructuous and disposed of accordingly.Dated: 20.05.2008

427. S.P.No.6/I/1989Mrs.Yasmeen Raza

Vs. The Federal


Constitution of the Islamic Republic of Pakistan is derived from the sources other than the Holy Quran and the Sunnah of the Holy Prophet(PBUH)

Disposed of on 8.3.1989 for want of jurisdiction.


428. Sh.P.No.06/L/1989Farrukh Ameen


etc.

Section 10 of Punjab Civil Servant Act, 1974 the petitioner prayed that the above section of Law instructions about the recording of A.C.R and the notification terminating the petitioner’s service may kindly is declared ultra vires being repugnant to the Holy Quran & Sunnah.

Dismissed finding no merits on 10.5.1989

Appeal not filed

429. Sh.P.No.7/I/1989Pakistan Medical

Association, Multan Vs.

Govt. of Pakistan

Challenged Health police of the Government.

Disposed of on 27.3.1989 for want of jurisdiction


430. Sh.P.No.07/L/1989Aftab Ahmed Shami


Pakistan

Section 24(c) (f) (g) and explanation (6) to clause (f) of section 24 of the West Pakistan Press & Publication Ordinance, 1963 petitioner prayed that the Hon’ble Court may be issue direction to the Government consent to take steps to amend the offending provisions of the “statute” mentioned above, in the manner humbly suggested, so as to bring them in conformity with Holy Quran and Sunnah.


Appeal not filed

431. S.P.No.8/I/1989Awami Hospital Waqf

Board, Multan etc. Vs.

Govt. of Pakistan

Challenged Political System in Pakistan is being repugnant to the injection of Islam.

Disposed of on 27.3.1989 Appeal has not filed.

432. Sh.P.No.08/L/1989Manzoor Ahmed

Section 4 of Muslim Family Law, Ordinance


Appeal not filed

83

Vs.Rafiq Ahmed etc.

the petitioner prayed that the Hon’ble Court may kindly be declared give a pronounce-ment as to whether the provision of above section is or is not being repugnant to injunctions of Holy Quran and Sunnah.

433. Sh.P.No.9/I/1989Dr.A.M Khan


Challenged the provision of Canal and Drainage Act, 1873.




ChughtaiVs.


Petition for declarationMajid Shahid Ganj as a place worship for the Muslims/ of the Muslims and the staid place of worship cannot be turned and converted into any other place.

Disposed of on dated 18-6-1989 as the learned counsel has failed to point out any law and provision of law.


435. Sh.P.No.10/I/1989Naib Subedar (Retd)

Ghulam ShabbirVs.

Govt of Pakistan

Challenged sections 5 and 6 of the Punjab Tenancy Act, 1887.





Pakistan

Section 23(1) (K) of the West Pakistan Press & Publication Ordinance, petitioner prayed that the provision of the “statute” detailed hereinbefore may be declared to be repugnant to Holy Quran and Sunnah.

Disposed of on dated 08-3-1990. Appeal not filed

437. Sh.P.No.11/L/1989Nazir Ahmed Nasir

Vs.Federal Government

Pakistan

Moveable and Immoveable Property Transfer of Property Act petitioner request for share of transfer of property.

Disposed of on dated 4.7.1989 Appeal not filed

438. Sh.P.No.12/I/1989Mst .Razia Bibi

Vs.Said Rasool

Personal grievance Disposed of on 30.1.1990, as no relief was granted by the Shariat Appellate Bench of the S.C of Pakistan and even this court cannot do so at this stage.

Appeal not filed

439. Sh.P.No.12/L/1989Sanaullah etc.

Vs.Muhammad Yaqoob etc.

West Pakistan Muslim Personal Law (Shariat Amendment) Ordinance, XIII 1983 petitioner prayed that the Judgment and degree dated 1-9-1981 alongwith order dated 31-9-1988 both of district Judge Faisalabad and Lahore High Court may kindly be set aside being against repugnant to injunctions of Islam.

Dismissed having no jurisdiction on 21.1.1991

Appeal not filed

440. Sh.P.No.13/I/1989Malik Muhammad

Challenged certain Constitutional


Appeal not filed

84

UsmanVs.


provisions.


Chughtai Vs.The Federal Govt: of Pakistan and others

LINKEDWITHSh.P.No.3/L/1986

LINKEDWITHSh.P.No.9/L/1986

Petition for declaration Masjid Shahid Ganj as a place worship for the Muslims/ of the Muslims and the said place of worship cannot be turned and converted into any other place.



442. Sh.P.No.14/L/1989Ch. Ghulam Murtaza

LambadarVs.


Notification No.2805-62/2363-S (G) and Notification No. 4826-62/4419-S (G) III under Section 10 of Colonization of Government Lands (Punjab Act, 1912) petitioner prayed that the Notifications under challenge may kindly be declared against the Injunctions of Islam, and the respondent may Kindly be directed to amend the notification in the light of Injunctions of Islam.


Appeal not filed

443. Sh.P.No.15/I/1989Bashir etc

Vs. Province of Punjab etc

Linked with

Sh.P.No.16/I/1989Bashir etc Vs. Province

of Punjab etc

Challenged section 25 and 27 of the Punjab Pre-emption Ordinance, 1913.


Dismissed as not pressed on 31.1.1991as the said law has been repealed and a new pre-emption Ordinance 1990 has not been promulgated.


Appeal not filed

444. Sh.P.No.15/L/1989Ch. Khan Muhammad


MLR 115 Article 122 petitioners prayed that the above Section of Law may kindly be declared being repugnant to injunctions of Islam.


Appeal not filed

445. Sh.P.No.16/I/1989Bashir etc

Vs.Province of Punjab etc




Appeal not filed

446. Sh.P.No.16/L/1989Shamsher Abbas

BukhariVs.

Lahore Development Authority etc.

MLR 115 of 1972 (regarding Punjab Pre-emption Act) and Land Reform Act, 1977 being repugnant to injunctions of Islam.

Dismissed as misconceived on 10.2.1991.

Appeal not filed

85

447. S.P.No.17/I/1989Haider Hussain

Vs. Govt. of Pakistan :


Linked withSh.P.No.2/K/1991

Challenged in its own way, the specific provisions of the Qanun-e-Shahadat Order,1984.

Disposed of on 23.5.1991. The provisions of Article 16 of the Qanun-e-Shahadat Order, 1984 is declared as repugnant to the Injunctions of Islam to the extent that an accomplice is not a competent witness in offences punishable with Qisas and a conviction based on uncorroborated testimony of an accomplice even in the matter of ta’zir will be illegal.PLD 1991 FSC Page-139.

Appeal filed in the Hon’ble Supreme Court of Pakistan and disposed of with direction Article 16 of the order may be amended accordingly dated 22-6-1993. PSC 1994 Page-434.The Rev.Petition has also been dismissed for non procecution on 4-10-2004




448. Sh.P.No.1/I/1990Muhammad Siddique

Vs.Islamic republic of

Pakistan etc.

Challenged section 20 of the Punjab Pre-emption Act, 1913.

Dismissed as having become infructous on 31.1.1991


449. Sh.P.No.01/L/1990Muhammad Sadiq

Vs.Govt. of Punjab etc.

Section 8 of Punjab Pre emption Act, 1913 petitioner prayed that the provision of law notification issue regarding to exemption of property from pre emption situated within the limits of Municipal Committee, Sialkot, may kindly be declared to be repugnant to the injunctions of Islam.

Dismissed as not pressed on 3.2.1991

Appeal not filed

450. Sh.P.No.1/K/1990Gul Muhammad Hajano

Vs.The State

Sindh Service Tribunals Act, 1973 and Rule 2 of service Tribunals (Qualification of Members) Rules, 1974 as being repugnant to the Injunctions of Islam.

Allowed on 21-5-1991Section 4, 4(b), Service Tribunals Act, challenged in Shariat Petition is repugnant to the Injunctions of Islam.

Appeal not filed

451. Rew.Sh.P.No.1/K of 1990

Filed Review Petition Seeking review of the Judgment dated; 24-5-1990 passed by Full Bench of this Court in SH.P.No.1/K/1988.



452. Sh.P.No.2/I/1990Ghulam Sarwar etc.


Pakistan etc.

Challenged section 31 of the NWFP Pre-emption Act, 1987.

Disposed of as having not pressed on 31.1.1991.


86



Pakistan

Pension Act, 1871 petitioner prayed that the above Section may very graciously be declared to be repugnant to injunctions of Islam.


Appeal not filed

454. Sh.P.No.02/K/1990Muhammad Sharif

Vs.Fed. Govt. of Pakistan &

others

Regulation No.9 of National Shipping Corp. (Established Officers) Service Regulation, 1965 challenged being repugnant to injunctions of Islam

Allowed vide judgment dated 18.11.1993 with observation that Regulation No.9 is repugnant to injunctions of Islam.

Appeal filed in the Hon’ble Supreme Court of Pakistan and dismissed as not pressed on 6-6-2009.

455. Sh.P.No.3/I/1990Syed Islam-ud-Din




Challenged in its own way, the specific provisions of the Qanun-e-Shahadat Order, 1984.


Appeal filed in the Hon’ble Supreme Court of Pakistan and disposed of with direction Article 16 of the order may be amended accordingly dated22-6-1993.PSC 1994 Page-434The review petition has also been dismissed for non prosecution on 4-10-2004

456. Review Petition No.3/I/1990 Maqbool

Ahmad Qureshi Vs.


Review petition against the judgment of this Court in Shariat petitions, one titled’ Muhammad Salahuddin and others vs. Government of Pakistan, in respect of Electoral System of Pakistan which is a subject matter of appeal before the Shariat Appellate Bench of the Supreme Court of Pk.

Dismissed in limine on 7.10.1990 on the ground that the articles 245 and 248 of the Constitution have no concerned with the judgment of this Court in respect of electoral System of Pakistan and as such cannot be made as subject matter of a review petition. Besides the same being the provisions of the Constitution are immune from examination by this Court under Article 203-D of the Constitution as Constitution has been excluded from the purview of definition of ‘Law’ to be examined by this Court vis-à-vis repugnancy thereof to the injunctions of Islam.


457. Sh.P.No.03/L/1990Dr. Suhrab Aslam Khan

Vs.Fed: of Pakistan

Section 11 of Pakistan Arms Ordinance, 1965 petitioner prayed that the above section of law is misconceived and wholly repugnant to the Islamic Injunctions.

Dismissed having no merits on 7.3.1990.

Appeal filed in the Hon’ble Supreme Court and dismissed as barred by time on 24-2-1993

458. S.P.No.03/K/1990Nazir Ahmed Dhon

Vs.Govt. of Sindh etc.

Part IV of the Sindh Civil Servant (Appointment, Promotion & Transfer) Rule, 1974, Rule 2 of Procedure, Syllabus & Requirement for admission to the

Dismissed having no merit on 15.5.1990


87

combined competitive examination 1989, section 4 of Sindh Service Tribunals Act, 1973, Rule 4 & 5 of the Sindh Public Service Commission (Function) Rule, 1974 challenged being repugnant to injunctions of Islam

459. S.P.No.4/I/1990Maj.(Retd)Amir Afzal

KhanVs.


Challenged sections 295A,295B and 298 PPC on the ground that there were certain omissions therein which made in the entire law repugnant to the Injunctions of Islam, as contained in Quran and Sunnah of the Holy Prophet (PBUH)

Disposed of on 11.4.1990. The petitioner was taken through all the relevant provisions and he ultimately, agreed that the omission was in the enforcement of laws and not in the provisions. There is thus nothing left to be proceeded with.


460. S.P.No.04-L/1990Malik Muhammad

SaeedVs.

Muhammad Sharif & others

Section 15 of Punjab Pre emption Act, 1913 petitioner prayed that the above section of law may kindly be declared being repugnant to injunctions of Islam.

Dismissed being in fructuous on 10.2.1991

Appeal not filed

461. S.P.No.04/K/1990Dr. Hafiz Muhammad

IlyasVs.


Section 6(h)(b) of Finance Act-V of 1989 regarding Collecting of Tax Ord. 1979 challenged being repugnant to injunctions of Islam

Dismissed on 3.11.1992 with observation that these petitions are misconceived and being without merit.

Appeal filed in the Hon’ble Supreme Court of Pakistan and withdraw on 20-10-2004

462. Sh.P.No.5/I/1990Mufti Iftikhar-uddin

VsFederal Government

Challenged sections 8, 10, 14 and 21 of the Evacuee Trust Properties (Management and Disposal) Act, 1975.

Disposed of on 16.9.1991, on the ground that sections 8, 9, 10, 14 and 21 of the Evacuee Trust Properties (Management and Disposal) Act, 1975 are repugnant to the Quran and Sunnah and cannot be retained. They would cease to have effect from 30th December, 1991.PLD 1992, FSC Page 188

Judgment dated 25-3-1999.The Supreme Court of Pakistan held that section 8,9,10,14 and 21 of Act “XIII” of 1975 are not repugnant to the Injunctions of Islam but the apex Court has directed the Government to suitable amend the Evacuee Trust Properties (Management and Disposed) Act 1975(Act “XIII” of 1975) by inserting a new provision provising right of appeal against the order passed by the Chairman under section “8” of Act “XIII of 1975 such an appeal can be

88

provided to lie before the High Court in line with the recurse adopted in the displaced persons (Compensation and Rehabilitation) Act, 1958 and the displaced persons (Land Settelment) Act, 1958 the apex Court has directed the Government that the above shall made in Act :XIII of 1975 till 30-7-1999.

463. Sh.P.No.05/L/1990Muhammad Afzal

(minor) etc.Vs.


Section 5(b) r/w section 27 of Specific Relief Act, 1877, Contract Act, 1972 petitioner prayed the degree of specific performance passed by respondent No.2 & 3 direction compulsory registration of transfer deeds is being repugnant to injunctions of Islam.

Dismissed as withdrawn on 10.2.1991

Appeal not filed

464. S.P.No.05/K/1990Hakim Muhammad

Saeed Vs.

Govt. of Pakistan

Section 6(h)(b) of Finance Act-V of 1989 regarding Collecting of Tax Ord. 1979 challenged being repugnant to injunctions of Islam

Dismissed on 3.11.1992 with observation that these petitions are misconceived and being without merit.

Appeal filed in the Hon’ble Supreme Court of Pakistan and has been withdrawn on 20-10-2004.

465. Sh.P.No.06/I/1990Muhammad Ayub Vs.


L/WS.P.No.07-L/1990

L/WS.P.No.26-L/1990

L/WS.P.No.30-L/1990

L/WS.P.No.42-I/1990

L/WS.P.No.06-L/1991

L/WS.P.No.11-L/1991

L/WS.P.No.12-L/1991

Sections 2(a), 6(2),12, 20,22,24,25,27(3)(4),29,30, 31 of the Punjab Pre emption Ordinance-V, 1990 petitioner prayed that the above section of laws may kindly declared being repugnant to injunctions of Islam.

Appeal allowed. Section 2(a),6(2),12,13(3),22, 29 & 35(2) of Punjab Pre emption Act, 1991 were declared repugnant to the injunctions of Islam vide Court’s judgment dated 30.5.1991. PLD 1991 FSC Page-80.

Appeal filed in the Hon’ble Supreme Court .The Appeal of the Punjab Govt: sections 2(a) 6(2)and 35(2) have been dismissed while the appeal of Punjab Govt regarding sections 13(3),22 of 24 has been allowed dt.2.9.1993, PLD 1994 SC Page-1. The revision petition against this Judgment has also been dismissed as barred by time on 6.10.2004.

89


QureshiVs.

Govt. of PunjabL/W

S.P.No.07-L/1990L/W

S.P.No.26-L/1990L/W

S.P.No.30-L/1990L/W

S.P.No.06-I/1990L/W

S.P.No.42-I/1990L/W

S.P.No.06-L/1991L/W

S.P.No.11-L/1991L/W

S.P.No.12-L/1991

Sections 2(a), 6(2),12, 20,22,24,25,27(3)(4),29,30, 31 of the Punjab Pre emption Ordinance-V, 1990 petitioner prayed that the above section of laws may kindly declared being repugnant to injunctions of Islam.

Appeal allowed. Section 2(a),6(2),12,13(3),22, 29 & 35(2) of Punjab Pre emption Act, 1991 were declared repugnant to the injunctions of Islam vide Court’s judgment dated 30.5.1991. PLD 1991 FSC Page-80.


467. Sh.P.No.6/K/1990Arbab Saindad

Vs.The Government of

Sindh

Section 9 of Land Accusations Sindh Amendment Ordinance, XXIII of 1984

Dismissed in limine on 30-4-1992.

Appeal not filed

468. S.P.No.7/I/1990Ahsan Ghaur


Prayed that the voter who casts his vote dishonestly or erroneously shall be awarded death sentence.

Dismissed on 22.4.1990, as the petitioner has not challenged any provision of law. This petition pertains, at the most, to policy matter.


469. Sh.P.No.07/L/1990Haji Rana Muhammad

Shabbir KhanVs.


Section 13 Punjab Pre emption Act, 1990 petitioner prayed that the above Section of law may kindly be declared being repugnant to injunctions of Islam.

Appeal allowed. Section 2(a),6(2),12,13(3),22, 29 & 35(2) of Punjab Pre emption Act, 1991 were declared repugnant to the injunctions of Islam vide Court’s judgment dated 30.5.1991 PLD 1991 FSC Page-80.

Appeal filed in the Hon’ble Supreme Court The Appeal of the Punjab Govt: sections 2(a) 6(2)and 35(2) have been dismissed while the appeal of Punjab Govt regarding sections 13(3),22 of 24 has been allowed dt.2.9.1993, PLD 1994 SC Page-1. The revision petition against this Judgment has also been dismissed as barred by time on 6.10.2004.

470. S.P.No.07/K/1990Mian Suhail Hussain

Vs.Pakistan through the

President

Section 2(d), 7(2), 8,13 of the Banking Companies (Recovery of Loans) Ord. 1979 challenged being repugnant to injunctions of Islam

The detailed judgment dated 14-11-1991 in S.P.No.30/I/1990, PLD 1992 FSC Page-1.


90

471. S.P.No.8/I/1990Ahsan Ghaur


The petitioner has merely relied on a booklet written by Hujjatullah Hijazi.


Appeal not filed


QureshiVs.

Govt. of NWFP through Secretary Law

Linked withSh.P.No. 12/I/1991

Sections 12, 20, 22, 24, 25, 29 & 32 of NWFP Pre emption Act, 1987 were challenged by the petitioner, while the Court also took suo moto notice of sections 30, 16, 23, 27,31 & 35(3) petitioner prayed that the above Section of law may kindly be declared being repugnant to injunctions of Islam.

Allowed on 1.10.1991 It has been held by the Court that sections 12, 13, 23, 29,31and 32 of the NWFP Pre-emption Act, 1987 to the extent stated there-under, are declared as repugnant to the Injunctions of Islam laid down in the Holy Quran and Sunnah of the Holy Prophet (SAW). They are declared as void and will cease to be effective as on 31st March, 1992, unless amended and altered by the Government of NWFP to bring them in conformity with the Injunctions of Islam as discussed in the judgment. NLR 1992 Page 91 SD.

Filed in the Supreme Court of Pakistan and dismissed as withdrawn on dated 22-2-1993

473. Sh.P.No.08/K/1990Syed Afzal Hussain


Interest Act, 1839, section 34, 34(a)(b) of CPC challenged being repugnant to injunctions of Islam

The detailed judgment dated 14-11-1991 in S.P.No.30/I/1990, PLD 1992 FSC Page-1


474. Sh.P.No.09/I/1990Ahsan Ghayur


Personal grievance. Dismissed on dated 22-4-1990. Appeal not filed

475. Sh.P.No.09/L/1990Ch: Khan Muhammad


L/WS.P.No.5/I/1985

L/WS.P.No.60/I/1990

L/WS.P.No.71/I/1990

Section 13 of West Pakistan Urban Rent Restriction Ordinance, 1959 being repugnant to injunctions of Islam.

Allowed on 1-10-1991, PLD 1992 FSC page 286

Appeal Filed, Pending

476. Sh.P.No.09/K/1990Haider Ali Muljee Taha

Vs.Fed. of Pakistan etc.

Section 300 to 312 of Cr. Law regarding Qisas & Diyat challenged being repugnant to injunctions of Islam

Dismissed in limine on 24.2.1991 with the observation that the Hon’ble Court did not find any force in the petition.

Appeal not filed

477. Sh.P.No.10/I/1990Ahsan Ghayur


Personal grievance. Disposed of on dated 27-4-1992. Appeal not filed

478. S.P.No.10/L/1990Ch.Khan Muhammad Vs. Govt of Pakistan

L/WS.P.No.1/I/1991

Mst.Akhtari Begum & another

Vs.Secretary M/O Law etc

Challenged paragraph 22 of Land Reforms Regulation, 1972 (M.L.R.115) as repugnant to the Injunctions of Islam

Dismissed on 27.4.1992, as the impugned paras are not found repugnant to the Injunctions of Islam as contained in the Holy Quran and Sunnah of the Holy Prophet (PBUH)NLR 1992 SD 622


479. Sh.P.No.11/I/1990Ahsan Ghaur


Prayed that no steps are being taken in respect of Kashmir Problem and its liberation.

Dismissed on 22.4.1990 as the petitioner has not challenged any law as repugnant to the Injunctions of Holy Quran and Sunnah.


91

480. Sh.P.No.11/L/1990Fazal-ur-Rehman

Vs.Fed: of Pakistan

Income Tax Ordinance, 1979 petitioner prayed that the Hon’ble Court may kindly be declared above law being repugnant to injunctions of Islam.

Dismissed finding no force in the petition on 27.5.1991. PLD 1992 FSC Page 329

Appeal filed in the Hon’ble Supreme Court and dismissed for non-prosecution on dated 6-10-2004

481. S.P.No.12/L/1990Karamatullah Sheikh


Banking Companies Recovery of Loan Ordinance, 1979 being repugnant to injunctions of Islam.



482. S.P.No.12/I/1990Dr.Mehmood-ur-

Rehman Vs.

Govt of Pakistan Linked with

Sh.P.No.5/I/1989Raja Abdul Razzaq

VsThe Government of

PakistanLinked with


Sh.P.No.4/K/1988Linked with


Sh.P.No.65/I/1992

Political parties act,1962(Act.No.III of 1962) and policitcal parties rules.1986 except section 4 of the said Act.



483. S.P.No.13/I/1990Abdullah Sani


Pakistan

Challenged sections 117 and 118 of Muhammadan law regarding will.

Dismissed on 20.2.1992 for want of jurisdiction, in view of the express bar on this Court to examine Muslim Personal law as provided under Article 203B(c) of the Constitution.

Appeal filed in the Hon’ble Supreme Court and dismissed on dated 3-6-1998.

484. S.P.No.13/L/1990Patiala Metal Merchant

GujranwalaVs.


Recovery of Interest in Cooperative Societies Bank Act challenged being repugnant to injunctions of Islam


Supreme Court upheld the judgment of FSC and dismissed the appeal on 23-12-1999, PLD 2000 SC Page-225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800.

485. Sh.P.No.14/L/1990Nazir Ahmed


Section 4 of Muslim Family Law 1961 petitioner prayed that Hon’ble Court may kindly be declared the above Section of laws are being repugnant to injunctions of Islam.

Dismissed having no jurisdiction on 20.9.1991.

Appeal not filed

486. 15/I/1990Dr.Mahmoodur Rehman

FaisalVs.

Secretary of Law

Regulation No.14 of the Pakistan Insurance Corporation Employees Provident Fund Regulation, 1954, has been challenged on the ground that in view

The Court held that: Judgment dated:14-11-1991 The Impugned regulation to the extent that it relates to intrest was repugnant to the Holy Quran and Sunnah and unless it is brought in conformity with the Injunctions

Appeal Filed Supreme Court upheld the judgment of FSC and dismissed the appeal on 23-12-1999, PLD

92

of verses of Sura Al-Baqara No.188 and 275 is repugnant to the Injunctions of Islam

of Islam by 30th June, 1992, it shall cease to be effective. (PLD 1992 FSC-530)

2000 SC Page-225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800.

487. Sh.P.No.15/L/1990Malik Muhammad

AslamVs.

District Manager House Building Finance Corp.

Faisalabad etc.

House Building Finance Corporation Ord. relating Recovery of Interest challenged being repugnant to injunctions of Islam.

Dismissed as incompetent vide Court’s order dated 16.6.1991

Appeal not filed

488. Sh.P.No.16/L/1990Ch. Sardar Ahmed Zia


Bank

Recovery of interest in respect of Banking Companies Recovery of Loan Ordinance challenged being repugnant to injunctions of Islam.

Dismissed as incompetent vide Court’s order dated 16.6.1991.

Appeal not filed

489. Sh.P.No.17/I/1990Dr. Mehmood-ur-

Rehman FaisalVs.

Secretary M/o law, Justice ,Islamabad and

others

Fiscal laws on the touchstone against the Injunctions of Holy Quran and Sunnah.

Allowed to the extent stated in the detailed judgment dated 14.11.1991 in S.P.No.30-I-1990. The various provisions of the laws discussed in the judgment and held repugnant to the injunctions of Islam will cease to have effect as on and from 1st July,1992.PLD 1992 FSC Page-1.


490. Sh.P.No.17/L/1990Baqir etc.

Vs.ADBP etc.

ADBP Rules, 1961, Banking Companies Recovery of Loan Ord. 1979 challenged being repugnant to injunctions of Islam.



491. Sh.P.No.18/I/1990Dr.Mehmood-ur-

Rehman FaisalVs.

Secretary M/o Justice Islamabad

Fiscal laws on the touchstone of the injunctions of Holy Quran and Sunnah



93

492. Sh.P.No.18/L/1990Rahm Din


etc.

Recovery of interest in respect of Banking Companies Recovery of Loan Ordinance being repugnant to injunctions of Islam.

Disposed of as withdrawn vide Court’s order date 3.2.1991

Appeal not filed


Rahman FaisalVs.

Secretary M/O Justice

Fiscal laws on the touchstone of the injunctions of Holy Quran and Sunnah.



494. Sh.P.No.19/L/1990Syed Ali Raza Asad Abdi

Vs.Mst. Benazir Bhutto

Section 2 offence of Zina Ordinance, 1979 Challenged the definition of Muhsin as laid down in Sec. 2(d) & Sec. 8 & 10 ZHO challenged being repugnant to injunctions of Islam.

Dismissed being out of jurisdiction in limine on 28.8.1991.

Appeal not filed


Rehman FaisalVs.

Secretary, M/o Justice, Islamabad

Fiscal laws the touchstone against the Injunctions of Holy Quran and Sunnah.



496. Sh.P.No.20/L/1990Saleem Akhtar


Interest Act, 1839 challenged being repugnant to injunctions of Islam.

Petition returned to petitioner being incompetent on 12.12.1990.

Appeal not filed


Rehman FaisalVs.

Secretary, M/o Justice Islamabad




498. Sh.P.No.21/L/1990Syed Musharaf Alam etc

Vs.Habib Bank Limited

The Interest Act, 1839, The Govt. Savings Banks Act, 1873, section 78 and 80 of

Allowed to the extent stated in the detailed judgment dated 14.11.1991 in S.P.No.30-I-1990. The various provisions of the

Supreme Court upheld the judgment of FSC and dismissed

94

L/WS.P.No.14–I/1990

L/WS.P.No.16–I/1990

L/WS.P.No.17–I/1990

L/WS.P.No.17-C–I/1990

L/WS.P.No.18–I/1990

L/WS.P.No.19–I/1990

L/WS.P.No.20–I/1990

L/WS.P.No.31–I/1990

L/WS.P.No.68–I/1990

L/WS.P.No.72–I/1990

L/WS.P.No.73–I/1990

L/WS.P.No.08–L/1990

L/WS.P.No.12–L/1990

L/WS.P.No.13–L/1990

L/WS.P.No.17–L/1990

L/WS.P.No.21–L/1990

L/WS.P.No.27–L/1990

L/WS.P.No.66–L/1990

L/WS.P.No.04–K/1990

L/WS.P.No.07–K/1990

L/WS.Moto.No.01-I/1991

L/WS.P.No.03–I/1991

L/WS.P.No.04–I/1991

L/WS.P.No.16–I/1991

L/WS.P.No.16-A/I/1991

L/WS.P.No.16/B–I/1991

L/WS.P.No.16-C/I/1991

L/WS.P.No.17–I/1991

L/WS.P.No.17/B/I/1991

L/WS.P.No.26–I/1991

L/WS.P.No.27–I/1991

L/WS.P.No.28–I/1991

L/WS.P.No.30–I/1991

L/WS.P.No.31–I/1991

Negotiable Instrument Act, 1881, The Land Acquisition Act, 1894, The Code of Civil Procedure, 1908, Section 34 CPC, The Cooperative Societies Act, 1925, The Cooperative Societies Rules, 1927, The Insurance Act, 1938, The State Bank of Pakistan Act, 1956, The West Pakistan Money Lenders Ord., 1960, The West Pakistan Money Lenders Rule, 1965, The Punjab Money Lenders Ord., 1960, The Sindh Money Lender Ord., 1960, The Baluchistan Money Lender Ord., 1960, The ADBP Rules, 1961, section 8(2)(a) of Banking Companies (Recovery of Loans) Ord. 1979, Banking Companies Rules, 1963, The Banks (Nationalization) (Payment of Compensation) Rules, 1974 challenged being repugnant to injunctions of Islam

laws discussed in the judgment and held repugnant to the injunctions of Islam will cease to have effect as on and from 1st July,1992.PLD 1992 FSC Page-1.

the appeal on 23-12-1999, PLD 2000 SC Page-225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800.

95

L/WS.P.No.35–I/1991

L/WS.P.No.42–I/1991

L/WS.P.No.43–I/1991

L/WS.P.No.44–I/1991

L/WS.P.No.46–I/1991

L/WS.P.No.47–I/1991

L/WS.P.No.48–I/1991

L/WS.P.No.50–I/1991

L/WS.P.No.51–I/1991

L/WS.P.No.52–I/1991

L/WS.P.No.56–I/1991

L/WS.P.No.57-I/1991

L/WS.P.No.58–I/1991

L/WS.P.No.64–I/1991

L/WS.P.No.65–I/1991

L/WS.P.No.68–I/1991

L/WS.P.No.69–I/1991

L/WS.P.No.73–I/1991

L/WS.P.No.74–I/1991

L/WS.P.No.79–I/1991

L/WS.P.No.95–I/1991

L/WS.P.No.01–L/1991

L/WS.P.No.13–L/1991

L/WS.P.No.17–L/1991

L/WS.P.No.18–L/1991

L/WS.P.No.21–L/1991

L/WS.P.No.22–L/1991

L/WS.P.No.24–L/1991

L/WS.P.No.25–L/1991

L/WS.P.No.26–L/1991

L/WS.P.No.27–L/1991

L/WS.P.No.28–L/1991

L/WS.P.No.29–L/1991

L/WS.P.No.30–L/1991

96

L/WS.P.No.31–L/1991

L/WS.P.No.32–L/1991

L/WS.P.No.33–L/1991

L/WS.P.No.34–L/1991

L/WS.P.No.36–L/1991

L/WS.P.No.39–L/1991

L/WS.P.No.41–L/1991

L/WS.P.No.42–L/1991

L/WS.P.No.48–L/1991

L/WS.P.No.49–L/1991

L/WS.P.No.60–L/1991

L/WS.P.No.62–L/1991

L/WS.P.No.66–L/1991

L/WS.P.No.67–L/1991

L/WS.P.No.68–L/1991

L/WS.P.No.69–L/1991

L/WS.P.No.70–L/1991

L/WS.P.No.72–L/1991

L/WS.P.No.73–L/1991

L/WS.P.No.74–L/1991

L/WS.P.No.76–L/1991

L/WS.P.No.85–L/1991

L/WS.P.No.89–L/1991

L/WS.P.No.90–L/1991

L/WS.P.No.91–L/1991

L/WS.P.No.93–L/1991

L/WS.P.No.101–L/1991

L/WS.P.No.102–L/1991

L/WS.P.No.01–K/1991


Rehman FaisalVs.

Secretary, M/o Justice, etc.

Challenged section 74 of the Land Revenue Act, 1967.

Dismissed on 20.2.1992 without any force


500. S.P.No.22–L/1990Rana Zahoor Ahmed

KhanVs.

Recovery of interest in respect of Banking Companies (Recovery of Loans) Ord.

Petition dismissed on dated 10-2-1991 However, petitioner was set at liberty to file fresh petition.

Appeal not filed

97

The State challenged being repugnant to injunctions of Islam.


Rehman FaisalVs

Secretary, M/o Law & Justice etc

Linked with

S.S.M. 1/I/1992

Section 3 of Wealth Tax Act, 1963. (Relating recovery of Wealth Tax).

Section 31-B of Wealth Tax 1963.

Dismissed.Accordingly to report of Mr. Mumtaz Ahmad Member Legal, CBR that the Wealth Tax Act as will as income tax Ordinance 1979 have been repealed the said report has been verified by standing council for the Federal Government. Such being the petition has become in fructuous.Order dated; 6-6-2007. -----------

-do-


502. Sh.P.No.23/L/1990Saeed Ahmed


Unspecified provisions of Election Laws challenged being repugnant to injunctions of Islam.

Dismissed as withdrawn on dated 3-2-1991.

Appeal not filed

503. Sh.P.No.24/I/1990Dr.Mehmood ur Rehman Faisal

Vs.Secretary Ministry Law and Justice parlimintary

Affairs Islamabad etc.L/W

S.P.No.34/I/1990Zia ud din ahmed

Sheikh Vs.

Govrnment of PakistanL/W

S.P.No.38/I/1990Sh.Muhamad Hanif

Vs.Govrnment of Pakistan

L/WS.P.No.40/I/1990

Afzal Javid Vs.

Govrnment of PakistanL/W

S.P.No.44/I/1990Allah Ditta

Vs.Govrnment of Pakistan

L/WS.P.No.45/I/1990

Raja Muhammad Afsar Khan


In these petition provisions of the Zakat and usher ord.1980 have been chellanged is regpunant to the injuction of Islam.

The Court has diclear that the Muslim personal law still remain out side the jurisdiction of this Court and so the Zakat and Usher Ord.1980,which falls with in the definition of Muslim personal laws is out side the jurisdiction of this Court for the aforside resion the Shariat Petitions have been dismissed in limine.13.1.1991.PLD 1991 FSC page 35, after remanded the case was fixed on 21.12.1993( Pending )

Appeal filed in the Hon’ble Supreme Court and Allowed the appeal ,setaside the order of the FSC and remanded the case with the direction to disposed off the petitions accordance with law.13.6.1993.PLD 1994 SC Page 607

504. Sh.P.No.24/L/1990Muhammad Ibrahim

Vs. Province of Punjab etc

Section 10(3) of Colonization of Govt. of Punjab Act, 1912 petitioner prayed that

Dismissed being not repugnant to the injunctions of Islam on 24.3.1991.

Appeal not filed

98

the Hon’ble Court may kindly be declared above section of law being repugnant to injunctions of Islam.


Rehman FaisalVs


Challenged Section 18(1) (2) of the Custom Act, 1969.

The Federal Shariat Court has already been held In Sh.P.No.11/L/1990 that the State is empowered to impose taxes on its subject to meet the financial requirement of the State on the basis of Maslaha.Order dated; 18-9-2007.


506. Sh.P.No.25/L/1990Muhammad Iqbal Ch.


Linked withS.P.No.32/I/1990

Linked withS.P.No.7-L-1991



Linked withS.P.No.59-I-1991


Linked withS.P.No.86-L-1991S.P.No.87-L-1991S.P.No.88-L-1991



In these connected Shariat Petitions a number of provisions of House Building Finance Corporation, Act 1952 have been challenged as repugnant to the Injunctions of Islam.

The Court has allowed the petition on 14-11-1991 and directed that nessary detections and amendments be made in section 4(2), 21(2), 24(11,12), 24(2) and 30(1)(C) by 30th June 1992 so as to bring them in comferty with the injunctions of Islam as laid down in the Holy Quran and Sunnah. PLD 1992 FSC Page 501

Supreme Court of Pakistan upheld the judgment of FSC and dimissed the appeal on 23-12-1999 PLD 2000, SC.Page 760.

507. S.P.No.26/I/1990Dr. Mehmood-ur-Rehman Faisal Vs.

Secretary M/o Justice etc.

L/WS.P.No.07-L/1990

L/WS.P.No.06-L/1990

L/WS.P.No.30-L/1990

L/WS.P.No.06-I/1990

L/WS.P.No.42-I/1990

L/WS.P.No.06-L/1991

L/WS.P.No.11-L/1991

L/WS.P.No.12-L/1991


Disposed of on 27.5.1991 having not pressed. The petitioner requests for two week’s time to file fresh application. He will, however, be at liberty to file fresh petition as and when likes.


508. Sh.P.No.26/L/1990Rana Muhammad

Shabbir Ahmed KhanVs.

Province of Punjab

Section 2, 13, 24, 30, 31 & 34 of Punjab Pre emption Ord. XVIII of 1990 challenged being repugnant to injunctions of Islam.

Appeal allowed. Section 2(a),6(2),12,13(3),22, 29 & 35(2) of Punjab Pre emption Act, 1991 were declared repugnant to the injunctions of Islam vide Court’s judgment dated 30.5.1991.PLD 1991 FSC Page-80

Appeal filed in the Hon’ble Supreme Court .The Appeal of the Punjab Govt: sections 2(a) 6(2)and 35(2) have been

99

dismissed while the appeal of Punjab Govt regarding sections 13(3),22 of 24 has been allowed dt.2.9.1993, PLD 1994 SC Page-1. The revision petition against this Judgment has also been dismissed as barred by time on 6.10.2004.


Rehman FaisalVs


Section 3(1) Sale Tax Act, 1951 being repugnant to injunctions of Islam.



510. S.P.No.27/L/1990Muhammad Naeem

Virk Vs.

Govt. of Pakistan & others

Industrial Relation Commission Ord., 1969, Payment of Wages Act, 1936, Employees Old Age Benefit Act, 1976, Employees Cost of Living Relief Act, 1973 etc. challenged being repugnant to injunctions of Islam.


Appeal not filed


Rehman Faisal Vs.

Secretary, M/o Justice etc.

In this Shariat petition sec. “4” of the court fees act, 1870 has been challenged.

Disposed of on 27.5.1991,The court has been pleased to hold that the provisions of sections 4,6,7 and 35 read with Schedule IV and V of the Punjab Finance Act No.XIV of 1973,Punjab Ordinance,1981, further amending Article 13 of Schedule II of the Court Fees Act,1870 Sections 4 and 7 of Schedule I as amended by Sind Finance Act IV of 1990, sections 3 and 4 of Baluchistan Finance (Amendment) Ordinance,1981, the relevant provision of NWFP Court Fees Act/Ordinance including NWFP Court Fees (Amendment) Ordinance,1980 and any other provision in the Central and Provincial statutes relating to charging of Court fees, which might not have been pointed out or referred to this Court by the representatives of respective governments, (for lack of information or any other reason) are declared as repugnant to the Injunctions of Islam.PLD 1992 FSC Pge 195

Appeal filed in the Hon’ble Supreme Court.Pending

512. Sh.P.No.28/L/1990Muhammad Naeem

Virk etc.Vs.

Section 6 section 25-A, subsection (3)(4) of Payment of Wages Act, 1936 challenged being


Appeal not filed

100

Govt. of Pakistan etc. repugnant to injunctions of Islam

513. S.P.No.29/I/1990Dr.Muhammad Aslam

KhakiVs.

Federation of Pakistan through Ministry of

Justice Islamabad and 5 others

Challenged section 259(1) of ADBP Ordinance IV 1961.

Dismissed as withdrawn on 22.4.1992 to file a fresh petition after studying the provisions of ADBP Act and Rules made there under.


514. Sh.P.No.29/L/1990Mst. Bilqees Akhtar

Vs.Fed: of Pakistan

Muslim Personal Law, Inheritance Law.

Dismissed having not jurisdiction 3.2.1991

Appeal not filed

515. Sh.P No.30/I/1990Dr. Mehmood-ur-

Rehman Faisal Vs.

Secretary Law Ministry of Law Justice &

Parliamentary Affairs Govt. of Pakistan etc.

L/WS.P No.21-L/1990

L/WS.P No.27-L/1990

L/WS.P No.08-K/1990

L/WS.P No.01-K/1991

L/WS.P No.04-K/1991

L/WS.P No.32-I/1991

L/WS.P No.48-L/1991

L/WS.P No.68-L/1991

L/WS.P No.71-L/1991

L/WS.P No.56-I/1991

L/WS.P No.16-C-I/1991

L/WS.P No.17-C-I/1991

L/WS.P No.74-I/1991

L/WS.P No.31-I/1990

L/WS.P No.21-L/1990

L/WS.P No.27-L/1990

L/WS.P No.33-I/1991

L/WS.P No.42-I/1991

L/WS.P No.69-L/1991

L/WS.P No.70-L/1991

L/WS.P No.35-I/1991

L/WS.P No.16-A-I/1991

L/WS.P No.17-A-I/1991

The Interest Act, 1839, The Govt. Savings Banks Act, 1873, section 78 and 80 of Negotiable Instrument Act, 1881, The Land Acquisition Act, 1894, The Code of Civil Procedure, 1908, Section 34 CPC, The Cooperative Societies Act, 1925, The Cooperative Societies Rules, 1927, The Insurance Act, 1938, The State Bank of Pakistan Act, 1956, The West Pakistan Money Lenders Ord., 1960, The West Pakistan Money Lenders Rule, 1965, The Punjab Money Lenders Ord., 1960, The Sindh Money Lender Ord., 1960, The Baluchistan Money Lender Ord., 1960, The ADBP Rules, 1961, section 8(2)(a) of Banking Companies (Recovery of Loans) Ord. 1979, Banking Companies Rules, 1963, The Banks (Nationalization) (Payment of Compensation) Rules, 1974 challenged being repugnant to injunctions of Islam

The Hon’ble Court, vide in its judgment dated 14.11.1991, held that: ‘Rule 17 (1)(2) ADBP Rules 1961 is repugnant to injunctions of Islam and words ‘in addition to interest in rule 17 (3) be deducted.Provision of section 25(2)(a), Banking Companies , 1962 relating rate of interest and mark up are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992.Provision of Section 8(2) (a) & (b) Banking Companies (Recovery of Loans) , 1979 relating to interest and mark up are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992.Provision of rule 9(2)(3), Banking Companies Rules, 1963 pertaining to interest are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992.Rule 9 Banks (Nationalization) Payment of Compensation Rules, 1974 referring to interest are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992.Provisions of section 34, 34(a)(b), rule 2(a) CPC relating to interest, mark up, lease, heir, purchase and service charge are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992.Section 59, 79(2)(e) & all provisions relating to Interest in Cooperative Societies Act, 1925 and Rules, 1927 relating to words interest are return are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992. The General Financial Rules relating to interest or Riba bearing transactions of D&D Officers Book are repugnant to

Supreme Court upheld the judgment of FSC and dismissed the appeal on 23-12-1999, PLD 2000 SC Page-225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800

101

L/WS.P No.02-I/1991

L/WS.P No.02-L/1991

L/WS.P No.04-I/1991

L/WS.P No.21-L/1990

L/WS.P No.27-L/1990

L/WS.P No.08-K/1990

L/WS.P No.01-K/1991

L/WS.P No.04-K/1991

L/WS.P No.24-L/1991

L/WS.P No.25-L/1991

L/WS.P No.17-I/1991

L/WS.P No.31-I/1991

L/WS.P No.45-I/1991

L/WS.P No.16-I/1991

L/WS.P No.72-L/1991

L/WS.P No.74-L/1991

L/WS.P No.57-I/1991

L/WS.S.M.P No.03-I/1991

L/WS.P No.01-L/1991

L/WS.P No.27-I/1991

L/WS.P No.28-I/1991

L/WS.P No.30-I/1991

L/WS.P No.85-L/1991

L/WS.P No.16-I/1990

L/WS.P No.17-I/1990

L/WS.P No.51-I/1991

L/WS.P No.64-I/1991

L/WS.P No.65-I/1991

L/WS.P No.66-I/1991

L/WS.P No.67-I/1991

L/WS.P No.14-I/1990

L/WS.P No.19-I/1990

L/WS.P No.17-L/1990

L/WS.P No.68-I/1990

injunctions of Islam and will cease to have effect as on and from 1st July, 1992.Govt. Savings Bank Act (V) of 1873 providing for payment of deposit together with interest are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992.HBFC Act (XVIII) of 1952 relating to words, ‘return’ and due share based on interest are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992 and section 24(2)(g)(11)(12) & (18) are not repugnant to injunction of IslamHBFC Investment Regulations, 1979, Regulation 14(1) being arbitrary and against the spirit of partnership in the real sense are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992.Insurance Act (IV) 1938 providing for range of rates of interest are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992.Interest Act (XXXII) of 1839 is repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992.Riba absolute Provisions on Riba would not be relaxed unless it was done so in the Quran or by the Holy Prophet Himself. Any advantage drawn through loan is not permissible, Bank’s Interest come within the definition of Riba and is forbidden by Holy Quran and Sunnah Verses of Quran prohibiting Riba, taken as a whole and particularly the last ones which declare the interest as prohibited or absolute in turn. Underlying philosophy of ‘Zulm’ in the context of Riba are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992.Punjab Finance Act (XIV) of 1973, Punjab Local Govt. (VI) of 1979, Punjab Money Lenders (XXIV) of 1960 provisions relating to interest are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992.Sindh Finance Act (IV) of 1990, Sindh Money Lenders Ord., 1960, provisions relating to interest are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992.State Bank of Pakistan Act (XXXIII) of 1956 (Purchase of

102

L/WS.P No.72-I/1990

L/WS.P No.13-L/1991

L/WS.P No.27-L/1991

L/WS.P No.34-L/1991

L/WS.P No.36-L/1991

L/WS.P No.39-L/1991

L/WS.P No.22-L/1991

L/WS.P No.33-L/1991

L/WS.P No.41-L/1991

L/WS.P No.44-I/1991

L/WS.P No.60-L/1991

L/WS.P No.46-I/1991

L/WS.P No.46-L/1991

L/WS.P No.47-I/1991

L/WS.P No.48-I/1991

L/WS.P No.54-I/1991

L/WS.P No.62-L/1991

L/WS.P No.79-L/1991

L/WS.P No.69-I/1991

L/WS.P No.68-I/1991

L/WS.P No.33-L/1991

L/WS.P No.102-L/1990

L/WS.P No.18-I/1990

L/WS.P No.21-I/1990

L/WS.P No.20-I/1990

L/WS.P No.12-L/1990

L/WS.P No.21-L/1990

L/WS.P No.07-K/1990

L/WS.P No.27-L/1990

L/WS.P No.73-I/1990

L/WS.P No.01-K/1991

L/WS.P No.17-L/1991

L/WS.P No.18-L/1991

L/WS.P No.26-L/1991

debentures, bonds etc. on the basis of interest are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992.West Pakistan Money Lenders (XXIV) of 1961, Sindh Money Lenders 1960, NWFP Money Lender 1960, Baluchistan Money Lenders 1960 and Punjab Money Lenders 1960 and Rules 1965 thereunder are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992.(PLD 1992 FSC. Page 1)

103

L/WS.P No.29-L/1991

L/WS.P No.30-L/1991

L/WS.P No.31-L/1991

L/WS.P No.32-L/1991

L/WS.P No.26-I/1991

L/WS.P No.28-L/1991

L/WS.P No.43-I/1991

L/WS.P No.42-L/1991

L/WS.P No.13-L/1990

L/WS.P No.21-L/1991

L/WS.P No.49-L/1991

L/WS.P No.67-L/1991

L/WS.P No.73-L/1991

L/WS.P No.76-L/1991

L/WS.P No.50-I/1991

L/WS.P No.89-L/1991

L/WS.P No.90-L/1991

L/WS.P No.66-L/1991

L/WS.P No.91-L/1991

L/WS.P No.93-L/1991

L/WS.P No.58-I/1991

L/WS.P No.16-B-I/1991

L/WS.P No.17-B-I/1991

L/WS.P No.101-L/1991

L/WS.P No.73-I/1991

516. S.P.No.30/L/1990Muhammad Idrees

Vs.Govt. of Punjab

Section 36 of Punjab Pre emption Ord. of 1990 challenged being repugnant to injunctions of Islam.

The judgment in the above subject matter has already been passed in S.P.No.06-L/1990 whereby appeal was allowed and section 2(a),6(2),12,13(3),22, 29 & 35(2) of Punjab Pre emption Act, 1991 were declared repugnant to the injunctions of Islam vide Court’s judgment dated 30.5.1991PLD 1991 FSC Page-80

.The Appeal of the Punjab Govt: sections 2(a) 6(2)and 35(2) have been dismissed while the appeal of Punjab Govt regarding sections 13(3),22 of 24 has been allowed dt.2.9.1993, PLD 1994 SC Page-1. The revision petition against this Judgment has also been

104

dismissed as barred by time on 6.10.2004.Appeal filed in the Hon’ble Supreme Court

517. S.P.No.31/I/1990Dr. Mehmood-ur Rahman Faisal

Vs. Secretary Ministry of

Justice Govt: of Pakistan etc

Challenged Govt: Savings Banks Act 1873, Section 10 as repugnant to the injunctions of Islam.

Allowed 14.11.1991 Appeal has not filed.

518. S.P.No.31/L/1990Muhammad Munir


L/WSh. Suo Moto No.6-I/1991




Section 10(1) of Punjab Civil Servants Act, 1974, however, the Court also took suo moto notice of sections 11(1) of Pakistan Civil Servants Act, 1973, NWFP Civil Servants Act, 1973, Baluchistan Civil Servants Act, 1974 & Sindh Civil Servants Act 1973 challenged being repugnant to injunctions of Islam.

All petitions were dismissed being not repugnant to the injunctions of Islam on 22.4.2009.

Appeal not filed

519. S.P.No.32/I/1990Dr.Mehmood ur

Rehman Vs.

Secty; Ministry of Justice etc


The Court has allowed the petition on 14-11-1991 and directed that nessary detections and amendments be made in section 4(2), 21(2), 24(11,12), 24(2) and 30(1)(C) by 30th June 1992 so as to bring them in comferty with the injunctions of Islam as laid down in the Holy Quran and Sunnah.


520. S.P.No.32/L/1990S. Abdul Hameed

Vs.House Building Finance

Corporation.


Dismissed being incompetent on 16.6.1991.

Appeal not filed

521. S.P.No.33/I/1990M.S Kashmir Fabrics

Vs. M.S Habib Bank

Limited

Challenged Interest on Loan taken by the petitioner from the Habib Bank.

Dismissed on 2.6.1991 as withdrawn as the petitioner has not challenged any provision of law.


522. S.P.No.33/L/1990Farooq Ahmed Maneka


Section 38 of Ord. IV of 1961 and Rule 17 of ADBP Rules, 1961 challenged being repugnant to injunctions of Islam.

The judgment on the same subject matter has already been passed in Sh.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.


105

523. Sh.P.No.34/L/1990Mst. Noor Bakht


Corp.

Interest Act, 1939, section 24 Sub-Section (6), (8) of Act, XVIII of 1952. Recovery of interest challenged being repugnant to injunctions of Islam.


Appeal not filed

524. S.P.No.35/I/1990Allah Yar

Vs. ADBP

Personal grievance Dismissed on 9.12.1990 as this Court under Chapter 3-A of the Constitution is not empowered to give such a relief.


525. Sh.P.No.35/L/1990Muhammad Sadiq

Vs.National Industrial

Corp. Ltd. etc.

Recovery of interest in respect of Banking Companies Recovery of Loan Ord. challenged being repugnant to injunctions of Islam.


Appeal not filed

526. S.P.No.36/I/1990Rafique Mehmood


Personal grievance Dismissed on 11.12.1990 as this Court under Chapter 3-A of the Constitution is not empowered to give such a relief.


527. S.P.No.36/L/1990Syed Raza Sultan


Corp. etc.


Dismissed being incompetent on 16.6.1991

Appeal not filed

528. S.P.No.37/I/1990M.S Zahid Brothers

FaisalabadVs.

MCB Limited

Personal grievance Disposed of as withdrawn on 10.2.1991, as the petitioner has not challenged any provisions of law as repugnant to the injunctions of Islam

Appeal not filed

529. S.P.No.39/I/1990Begum Nasim Akhtar

Vs. HBFC

Challenged interest for personal grievance.

Dismissed on 13.12.1990 as withdrawn

Appeal not filed

530. S.P.No.40/I/1990Afzal Javid


Challenged Zakat Ordinance, 1980

Dismissed in limine on dated 13-6-1991.

Appeal not filed

531. S.P.No.41/I/1990Niaz Hussain Lakhwara


Personal grievance Dismissed on 2.6.1991 as the has not challenged any provisions of law as repugnant to the injunctions of Islam

Appeal not filed

532. S.P.No.42/I/1990Ghulam Ahmad Awan

MaiblVs.

Govt: of Punjab Sh.P.No.06/L/1990Muhammad Ismail

QureshiVs.

Govt. of PunjabL/W

S.P.No.07-L/1990L/W

S.P.No.26-L/1990L/W

S.P.No.30-L/1990L/W

S.P.No.06-I/1990L/W

S.P.No.42-I/1990L/W

S.P.No.06-L/1991

Challenged Punjab Pre-emption Order 1990.

Disposed of on 30.5.1991. The Court has held that sections 2(a), 6(2),12, 13(3), 22,29 and 35 (2) of the Punjab pre-emption Act,1991, to the extent stated there-under, are declared as repugnant to the Injunctions of Islam laid down in the Holy Qur’an and Sunnah of the Holy Prophet(BPUH) . They are declared as void and will cease to be effective as on 31st December, 1991, unless amended and altered by the Provincial legislature to bring them in conformity with the Injunctions of Islam as discussed in the judgment. It has also been held that this Court examined only those provisions of the Punjab pre-emption Act, 1991, which were challenged through several

Appeal filed in the Hon’ble Supreme Court .The Appeal of the Punjab Govt: sections 2(a) 6(2)and 35(2) have been dismissed while the appeal of Punjab Govt regarding sections 13(3),22 of 24 has been allowed dt.2.9.1993, PLD 1994 SC Page-1. The revision petition against this Judgment has also been

106

L/WS.P.No.11-L/1991

L/WS.P.No.12-L/1991

petitions submitted in this Court. It does not, therefore, mean that the other provisions of the Act not referred to or discussed herein are in conformity with the Injunctions of Islam as laid down in the Holy Qur’an and Sunnah of the Holy Prophet(SAW)PLD 1991 FSC Page-80

dismissed as barred by time on 6.10.2004.

533. S.P.No.43/I/1990Mrs.Razia Begum

Vs. HBFC

Personal grievance Dismissed on 2.6.1991 as the has not challenged any provisions of law as repugnant to the injunctions of Islam


534. S.P.No.44/I/1990Saeed Shaukat Qureshi


Challenged Fiscal Laws Dismissed as withdrawn on 11.12.1990 as the petitioners intend to be challenged a fresh petition specifying the provisions of law.


535. S.P.No.46/I/1990Mukhtarul Jalil

Vs. Federal Government

L/WS.P.No.54/I/1990.

Challenged President’s Order 3 of 1982 regarding Foreign Currency Loans (rate of exchange 1982

Dismissed on 9.10.2000 as the petitioner having challenged the impugned legislation on the ground it being violative and interfered with individual agreement inter-se the parties to such agreement therefore, in absence in such agreement if could be ascertain whether such legislation or any manner violative of the injunctions of Quran and Sunnah

Filed in Supreme Court and has been dismissed on 7.5.2009.

536. S.P.No.47/I/1990Sultan Mehmood

Vs. United Bank

Personal grievance Dismissed on 9.12.1990, as this Court under Chapter 3-A of the Constitution is not empowered to give such a relief.


537. S.P.No.48/I/1990Muhammad Ayub


Discrimination between the Urban and Cantonment Property Tax Act.

Dismissed in limine on 16.12.1991 as the petitioner has not challenged any provision of law


538. S.P.No.49/I/1990Saeed Shaukat Qureshi


Recovery of Banking Interest personal grievance.

Disposed of on dated 11-12-1990.


539. S.P.No.50/I/1990Abdul Sattar Khan

Vs. Chairman ADBP etc

Challenged provisions of ADBP Ordinance No. IV of 1961

Withdrawn on 9.12.1990 to file fresh petition specifying the impugned sections and rules of the relevant law


540. S.P.No.51/I/1990Siraj Soap Factory Vs.

NBP of Pakistan

Personal grievance. Withdrawn on 11.12.1990 to file fresh petition specifying the impugned provisions of law which he intend to challenge in this court as repugnant to the injunctions of Islam



Vs. Govt. of Punjab

The Punjab Urban Immovable Property Tax Act,1958.

Dismissed on 18.9.2007, in view of the order passed in S.P.No.27-I-1990 that in the presence of Zakat and Ushr, no tax can be imposed on the subject by the State.


542. S.P.No.53/I/1990Muhammad Safdar


Personal grievance Dismissed on 9.12.1990 as this court is not impowered to give such a relief.


543. S.P.No.54/I/1990Muhammad Manzoor

Mian Vs.

Govt: of Pakistan

Challenged President’s Order 3 of 1982 regarding Foreign Currency Loans (rate of exchange 1982)

Dismissed on 9.10.2000 as the petitioner having challenged the impugned legislation on the ground it being violative and interfered with individual

Filed in the Supreme Court and dismissed on dated 28-4-2009

107


agreement inter-se the parties to such agreement therefore, in absence in such agreement if could be ascertain whether such legislation or any manner violative of the injunctions of Quran and Sunnah

544. S.P.No.55/I/1990Rasheed Ahmad Nadvi

Vs. The President of

Pakistan etc

Challenged Martial Law of 1977, Referendum of 1985, 8th amendment and various Ordinances issued by the Late Gen: Muhammad Ziaul Haq

Withdrawn on 6.1.1991 for want of jurisdiction


545. S.P.No.56/I/1990Habib-ul-Wahab-ul

KhairyVs.


Challenged sections 2, 3 (4), 4,5(2) and 6 of the Holders of representative Officers (prevention of misconduct) Act ,1976

Dismissed as anfractuous in so far as the repealed Act 1976 is concerned on dated 22-4-1992


546. S.P.No.57/I/1990Syed Manzoor Shah


Prayed that if the divorce has been withdrawn on the next day of the pronouncement it is not effective and thereafter no second marriage should be allowed. Personal grievance

Dismissed in limine on 22.5.1991 for want of jurisdiction


547. S.P.No.58/I/1990Noor Muhammad


Personal grievance Dismissed on 9.12.1990 as this court is not empowered to give such a relief


548. S.P.No.59/I/1990Asghar Ali


Challenged Article 227 of the Constitution on the ground that it is not comprehensive and is thus repugnant to the injunctions of Islam.



549. S.P.No.60/I/1990Molvi Gull Hussain


L/WS.P.No.5/I/1985

L/WS.P.No.9/L/1990

L/WS.P.No.71/I/1990

West Pakistan Renst Restriction Ordinance 1959, is repugnant to the Injunctions of Islam

Allowed on 1-10-1991, PLD 1992, FSC Page 286

Pending in Hon.SC

550. S.P.No.61/I/1990Muhammad Mushtaq

Vs. NBP of Pakistan

Personal grievance. Dismissed on 11.12.1990 as this court is not empowered to give such a relief


551. S.P.No.62/I/1990Mst.Faizn Abbas


Personal grievance. Dismissed on 13.12.1990 for want of jurisdiction


552. S.P.No.63/I/1990Shireen Dil Khan Niazi

Vs. Secretary of Defence etc


Linked with

Discrimination between Old Pensioners and new pensioners.

Allowed off on 14.10.1992. The Court has been pleased to Order that the division of pensioners into new and old pensioners is also discriminatory. Actually pensioner is a pensioner irrespective of the irrespective of

Filed in Supreme Court and dismissed on dated 9-1-2004. SCMR 2005 page 292

108

S.P.No.18-I-1991Linked with

S.P.No.24-I-1991

the date on which he retired and whenever there is any revision of salary or pension each one of the pensioners is entitled to get pension equal to the other in the same grade or category. It transpires that section 19 of Civil Servant Act is being implemented by the Government is respect of different pensioners not keeping in view the principle of ‘Adl’ and ‘Ihsan. The Court is also of the view that the aforesaid impugned Notification of the year 1985 and 1986 are in consistent with the injunctions of Islam in as much as the principle of ‘Adl’ and ‘Ihsan’ have been over locked. The Court will direct that regulation 4 of the Civil Serves regulations be also brought in conformity with the injunctions of Islam The judgment shall take effect after 6 months from today i.e. 14.10.1992. S.D 1993,page 150

553. S.P.No.64/I/1990Rafique Ahmad

Vs. Govt. of Pakistan.

Personal grievance Dismissed on 13.12.1990 for want of jurisdiction


554. S.P.No.64/L/1990Fazal Wahab


Personal grievance Dismissed as withdrawn on 9.12.1990.


555. S.P.No.65/I/1990Fazal Wahab


Personal grievance Dismissed as withdrawn on 9.12.1990.


556. S.P.No.66/I/1990Asghar Ali


Challenged provision of Constitution

Dismissed in limine on 13.1.1991 for want of jurisdiction.


557. S.P.No.67/I/1990Maj. M. Yousaf Khan etc


FinanceLinked with

S.P.No.63/I/1990Linked with


S.P.No.24/I/1991

Discrimination between Old Pensioners and new pensioners

Allowed off on 14.10.1992. The Court has been pleased to Order that the division of pensioners into new and old pensioners is also discriminatory. Actually pensioner is a pensioner irrespective of the irrespective of the date on which he retired and whenever there is any revision of salary or pension each one of the pensioners is entitled to get pension equal to the other in the same grade or category. It transpires that section 19 of Civil Servant Act is being implemented by the Government is respect of different pensioners not keeping in view the principle of ‘Adl’ and ‘Ihsan. The Court is also of the view that the aforesaid impugned Notification of the year 1985 and 1986 are in consistent with the

Filed in Supreme Court and has been dismissed on 9.1.2004 SCMR 2005 page 292

109

injunctions of Islam in as much as the principle of ‘Adl’ and ‘Ihsan’ have been over locked. The Court will direct that regulation 4 of the Civil Serves regulations be also brought in conformity with the injunctions of Islam The judgment shall take effect after 6 months from today i.e. 14.10.1992. S.D 1993, Page 150

558. S.P.No.68/I/1990Shehzada Abdul Hadi

Vs. Secretary M/o Justice

Islamabad etc.

Challenged sub-rule (1) and (2) of Rule 17 of the A.D.B.P Rules,1961

Riba/interest case. Allowed and disposed of on 14.11.1991, reasons recorded in the detailed judgment in S.P.No.30-I-1990 and others.(PLD 1992 FSC Page 1 )


559. S.P.No.69/I/1990Mst.Fatima Bibi


etc.

Personal grievance Withdrawn on 13.12.1990 to file fresh petition.


560. S.P.No.70/I/1990Asghar Ali Vs.

Govt. of Pakistan

To declare any provision of the Constitution as being repugnant to the Injunctions of Islam.



561. S.P.No.71/I/1990Syed Irtiza Hussain

VsGovernment of Sindh

L/WS.P.No.60/I/1990

L/WS.P.No.9/L/1990

L/WS.P.No.5/I/1985

In this petition certain provision of the Sindh rent primises ordinance, 1979 have been challenged on the grounds that they are repugnant to the Injunctions of Islam

Allowed on 1-10-1991.PLD 1992 FSC page 292

Appeal has filed in SCPending

562. S.P.No.73/I/1990Mian Saleem-ud-Din

etc. Vs.Federation of Pakistan

etc.

Challenged Section 8(2) and 25(2) of the Banking Companies Ordinance (Recovery of Loans) 1979 and section 34-B of the Code of Civil Procedure

Allowed and disposed of on 14.11.1991, reasons recorded in the detailed judgment in S.P.No.30-I-1990 and others (Riba/Interest case


563. S.P.No.74/I/1990Qudsia Begum


Personal grievance Dismissed on 15.12.1991, as the petitioner has not challenged any provision of law.


110

564. S.P.No.75/I/1990Malik Muhammad

Usman Vs.

Govt: of Pakistan

Prayed that this Court may order the State to declare Jihad against the non-Muslims in Pakistan, India, Kashmir and Afghanistan where Muslims are being killed.

Dismissed in limine on 24.2.1991, as the petitioner has not challenged any provision of law.

Filed in the Supreme Court of Pakistan. And has been dismissed on 21.2.1993




565. S.P.No.1/I/1991Mst.Akhtari Begum &

anotherVs.

Secretary M/O Law etc L/W

S.P.No.10/L/1990

Challenged paragraph 22 of Land Reforms Regulation, 1972 (M.L.R.115) as repugnant to the Injunctions of Islam

Dismissed on 27.4.1992, as the impugned paras are not found repugnant to the Injunctions of Islam as contained in the Holy Quran and Sunnah of the Holy Prophet (PBUH)NLR 1992 SD 622


566. S.P.No.01/L/1991Ch. Ejaz Ahmed


Cooperative Societies Rule, 1927 challenged being repugnant to injunctions of Islam.

However the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.


567. S. Review P.No.1/I/1991

Gul Muhammad Hajano Vs.


Linkedwith

S.P.No.1/K/1990Gul Muhammad Hajano

Vs. The State

Challenged provision of Sindh Service Tribunal Act, 1973 and Rule 2 of the Service Tribunal (Qualification of Members) Rules, 1974

Challenged provision of Sindh Service Tribunal Act, 1973 and Rule 2 of the Service Tribunal (Qualification of Members) Rules, 1974

Dismissed for non-prosecution on 11.5.2007 at Karachi



568. S.P.No.01/K/1991Niazuddin Pir Bux Allah

Wala Vs.

Fed: of Pakistan etc.

Section 8(2) of Banking Companies (Recovery of Loans) Ord. 1979, section 24, 24(a)(b) CPC and Interest Act, 1839 challenged being repugnant to injunctions of Islam.

The judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.

Appeal on the same subject matter was filed in the Hon’ble Supreme Court of Pakistan that upheld the judgment of this

111

Court but remanded the case to this Court on a review jurisdiction.

569. Sh.P.No.2/I/1991Haji Muhammad

Saifullah KhanVs.

Federal Government

Challenged Articles 203(c) and 203-C (5) of the Constitution of Islamic Republic of Pakistan.

Dismissed on 20.2.1992, for want of jurisdiction. PLD 1992 FSC Page 376

Appeal not filed.

570. Sh.P.No.02/L/1991Dr. Syed Asad Gilani Vs.Government of Pakistan

Section 24 of Land Acquisition Act, 1894 challenged which inter alia provides that the collector shall lpay the amount awarded with interest thereon at the rfate of six per centum per annum being repugnant to injunctions of Islam.

The same order as in S.S.M. No.4-I/1991 dated 24.10.1991.


571. Sh.P.No.2/K/1991Muhammad Shafi

Muhammadi Vs.

Federation of Pakistan and another

L/W S.P.No.17/I/1989

L/WS.P.No.3/I/1990

Challenged in its own way, the specific provisions of the Qanun-e-Shahadat Order, 1984.


Appeal has filed. And allowed article 16 of qanun e shahdat ord.1984 has been declear repugnant to the injuction of Islam dt.22.6.1993.PSC 1994 Page-434. The review petition has been dismissed for non procecution on 4.10.2004.

572. Sh.P.No.3/I/1991Haji Muhammad

Saifullah KhanVs.


Challenged Section 3, 13(4), 18, 19, first schedule and second schedule of the Zakat and Usher Ordinance, 1980 on the ground that they are repugnant to the Injunctions of Islam.

Dismissed on 5.3.1992, this Court is not possessed of the jurisdiction with regard to Muslim personal law, the collection and distribution of Zakat being one of its branches, the petition is hand is not maintainable.


573. S.Ref.No.3/I/1991Muhammad Moosa

Soomro Vs.

S.O.(Judicial) and Muhammad Kasim

Lashari, A.D.M)

Challenged varies provisions of the West Pakistan Vagrancy Ord: 1958 and rules made there under have been as repugnant to the Injunctions of Islam.

Reference is answered in the negative on 8.12.1991.



Vs. Federal Government of

Pakistan

No law challenged but personal grievance challenged being repugnant to injunctions of Islam

Dismissed on 10.2.1991 having not jurisdiction.

Appeal not filed

575. Sh.P.No.03/K/1991Muhammad Akhtar Vs.

Law pertaining to Nikah, Rukhsati &

Petition dismissed in limine on 8.12.1991 being not

Appeal not filed

112

Govt. of Punjab etc. khula challenged being repugnant to injunctions of Islam.

maintainable.

576. Sh.P.No.4/I/1991Prof. Muhammad

Razzaq MalikVs.


Challenged the procedure of registration of FIR/Complaint with police U/S 307 PPC as they are repugnant to the Injunctions of Islam

Withdrawn on 24.3.1991, as the petitioner wants to file fresh petition according to law.


577. Sh.P.No.04/L/1991Rehmat Ali etc.

Vs.ADBP etc.

Recovery of interest in respect of Banking Companies (Recovery of Loans) Ordinance challenged being repugnant to injunctions of Islam

Dismissed as withdrawn on 03-2-1991.

Appeal not filed

578. Sh.P.No.04/K/1991Javed Mazhar


Interest Act, 1839, section 34, 34(a)(b) CPC challenged being repugnant to injunctions of Islam

Judgment reserved on 30.5.1991 but the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.


579. Sh.P.No.5/I/1991Habib-ul-Wahab

Alkhairi, Advocate Vs.Federation of Pakistan

Linkedwith

S.P.No.6/I/1991Habib-ul-Wahab

Alkhairi, Advocate Vs. Federation of Pakistan

LinkedwithS.S.M.No.12/I/1991

Habib-ul-Wahab Alkhairi, Advocate Vs. Federation of Pakistan

Challenged Sections 5(2), 5 and 10 of the President’s (Post-Proclamation) Order No.16 of 1977 is repugnant to the Injunctions of Islam.

Challenged Sections 4(2) complete and 4(a) of President’s (Post-Proclamation) Order No.17 of 1977 is repugnant to the Injunctions of Islam.

Disposed of infructuous on 26.10.2000 as repealed.


580. S.P.No.6/I/1991Habib-ul-Wahab

Alkhairi, Advocate Vs. Federation of Pakistan

LinkedwithSh.P.No.5/I/1991

LinkedwithS.S.M.No.12/I/1991

Habib-ul-Wahab Alkhairi, Advocate Vs. Federation of Pakistan

Challenged Sections 4(2) complete and 4(a) of President’s (Post-Proclamation) Order No.17 of 1977 is repugnant to the Injunctions of Islam.

Disposed of infructuous on 26.10.2000 as repealed.


581. S.P.No.05/L/1991Ali Ahmed Wasiq

Vs.Govt. of Punjab

Provisions of Rule 19(2) of Punjab, Sindh, NWFP, Baluchistan Land Revenue Act, 1968 regarding appointment of

Dismissed in limine with observation that Hon’ble Court did not find any merit in this petition vide order dated 12.2.1992

Appeal filed in S.C,and partly allowed on 8.3.1999 Supreme court held at rules 25

113

lumbardar challenged being repugnant to the injunctions of Islam

and 26 repugnant injuction of Islam to the extant they rcognize the apponment mioner are incapable person is a hedman(Lambrdar),rule 19(2) of the Punjab land revenue rules, 1968 is also repugnant shall therefore cease to have effect on 1.9.1999

582. S.P.No.05/K/1991Qazi Abdul Hameed

SiddiqiVs.


Paragraph C of Proviso 1 of article 9 of the Establishment of Wafaqi Muhtasib Order, 1983 challenged being repugnant to injunctions of Islam.

Dismissed in limine on 24.4.1991 with observation that the Court did not find any repugnancy in the law against the injunction of Islam.

Appeal not filed

583. Sh.P.No.06/L/1991Ch. Habibullah

Vs.Govt. of Punjab etc.




L/WSh.P.No.06-I/1990

L/WS.P.No.42-I/1990

L/WSh.P.No.06/L/1990



Section 30 Punjab Pre emption Ordinance, XXVI, 1990 being repugnant to injunctions of Islam.

Appeal allowed. Section 2(a),6(2),12,13(3),22, 29 & 35(2) of Punjab Pre emption Act, 1991 were declared repugnant to the injunctions of Islam vide Court’s judgment dated 30.5.1991. PLD 1991 FSC Page-80


584. Sh.P.No.06/K/1991Mashriq Employees

Union KarachiVs.


Certain allegations regarding misappropriation of G.P Fund and gratuity and also privatization of newspapers challenged being repugnant to injunctions of Islam

Dismissed being incompetent on 9.2.1992.

Appeal not filed

585. Sh.P.No.7/I/1991Habib-ul-Wahab-ul-

KhairiVs.

Federation of PakistanLinked with


Challenged Section 2,3(4), 4,5(2) and 6 of the Holders of Representative offices (prevention of Misconduct) Act, 1976, Sections 3, 3(2) and 6(3) of Parliament and

The above-said provisions of sections 401, 402, 402a, 402, B, 494 and 495 Cr.P.C. and section 10(4) of Pakistan Criminal law Amendment Act, 1958 to bring them in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah on

Filed in the Supreme Court of Pakistan and dismissed for non-prosecution on dated 6-5-2009.

114

Sh.P.No.3/I/1990 Provincial Assemblies (Disqualification for membership) Act, 1976 sections 5(2), 5 of the Presidential Order No. 16of 1977, Sections 4(2) of P.O. No.17 and Section 10(4) of Act No XI of 1958 401, 402(b) 494, 495 of Cr.P.C have been Challenged on the grounds that they are repugnant to the Injunctions of Islam.

dated 8-8-1991. ( PLD 1991 FSC Pge 236 )

586. Sh.P.No.7/L/1991Rana Muhammad Sharif

etcVs.

Federation of Pakistan etc


Muhammad Iqbal Ch. Vs.



S.P.No.14-L-1991Linked with


S.P.No.59-I-1991Linked with


S.P.No.86-L-1991S.P.No.87-L-1991S.P.No.88-L-1991



In these connected Shariat Petitions a number of provisions of House Building Finance Corporation, Act 1952 have been challenged as repugnant to the Injunctions of Islam



587. S.P.No.07/K/1991Siraj Mehmood

Rehmani Vs.

Federation of Pakistan & others

Interest Act, 1839 (whole), section 79 & 80 of Negotiable Instrument Act, 1881, subsection 2 of section 8 of Banking Companies (Recovery of Loans) Ord. 1979, section 34, 34(a)(b) CPC challenged being repugnant to injunctions of Islam

Returned in original on 9-10-1991.


588. S.P.No.8/I/1991Habib-ul-Wahab ul

Khairi Vs.

Federation of Pakistan Sh.P.No.7/I/1991

Habib-ul-Wahab-ul-Khairi



Challenged Section 10(4) of Pakistan Criminal law Amendment Act, 1958. different provisions of Cr.P.C.

The above-said provisions of sections 401, 402, 402a, 402, B, 494 and 495 Cr.P.C. and section 10(4) of Pakistan Criminal law Amendment Act, 1958 to bring them in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah on dated 8-8-1991. ( PLD 1991 FSC Pge 236 )

Filed in the Supreme Court of Pakistan and dismissed for non-prosecution on dated 6-5-2009.

115

589. Sh.P.No.08/L/1991M.S Farooq Brothers &

othersVs.

U.B.L & others

Recovery of interest in respect of Banking Companies (Recovery of Loans) Ordinance challenged being repugnant to injunctions of Islam.

Disposed of on 10.2.1991. Appeal not filed

590. Sh.P.No.08/K/1991Nazir S.Bhatti


Section 4 of Prohibition (Enforcement of Hadd) Order, 1979 & Rules challenged being repugnant to injunctions of Islam

Dismissed in limine on 9-6-1992. Appeal filed

591. Sh.P.No.9/I/1991Sawab Khan etc

Vs. Ayub Khan etc

Personal grievance (dispute of property).



592. Sh.P.No.09/L/1991Muhammad Sharif Vs.Secretary Education

Punjab

Admission Policy of Colleges challenged being repugnant to injunctions of Islam.

Dismissed having no force and being misconceived vide judgment dated 28.8.1991.

Appeal not filed

593. Sh.P.No.09/K/1991Lal Bakhsh Jamali etc.

Vs.ADBP etc.

Interest Act, 1839, section 34, 34 (a) (b) CPC challenged being repugnant to injunctions of Islam.

Dismissed on 2.2.1992 in limine having become infructuous as the judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.

Appeal not filed

594. Sh.P.No.10/I/1991Qari Muhammad Ashraf

TauhidiVs.

The State

Degree of District Judge Attock dissolving the marriage of Mst. Khanam Jan.



595. Sh.P.No.10/L/1991M.C.B Ltd

Vs.M.S Saqib Brothers etc.

Personal grievance challenged.

Dismissed in limini on 3.6.1991 Appeal not filed

596. S.P.No.10/K/1991Shaukat Ali Sahoo etc.

Vs. ADBP etc.

Interest Act, 1839, section 34, 34(a) (b) CPC challenged being repugnant to injunctions of Islam.


Appeal not filed

597. S.P.No.11/I/1991Mukhtar Ul Jalil and

another Vs.

Govt. Of Pakistan.

Challenged Section 23 of the Contract Act 1872 is against the Injunctions of Islam.

The shariat appellate supreme Court of Pakistan vide Shariat Appeal No.13 of 1984 had vide Order dated 18-9-1988 approved the above Order in respect of section 23 through letter dated 23-5-1991 inform the petitioner to filed a press petition challenged provision of law relating to interest, insurance, banking etc. to enable this Court to examine them in the light of the Injunction laid down in the Quran and Sunnah.


598. Sh.P.No.11/L/1991Ch. Saeed Ahmed


Section 2(a) of Punjab Pre emption Ordinance, 1990 challenged being repugnant to injunctions of Islam.

The judgment in the above subject matter has already been passed in S.P.No.06-L/1990 Islam vide Court’s judgment dated 30.5.1991.PLD 1991 FSC Page-80

Appeal filed in the Hon’ble Supreme Court .The Appeal of the Punjab Govt: sections 2(a) 6(2)and 35(2)

116

have been dismissed while the appeal of Punjab Govt regarding sections 13(3),22 of 24 has been allowed dt.2.9.1993, PLD 1994 SC Page-1. The revision petition against this Judgment has also been dismissed as barred by time on 6.10.2004.

599. S.P.No.11/K/1991Muhammad Ali

Vs.ADBP etc.

Interest Act, 1839, section 34, 34(a)(b) CPC challenged being repugnant to injunctions of Islam.


Appeal not filed

600. Sh.P.No. 12/I/1991Mst. Naseem Begum

Vs.Government of

Pakistan.Linked with

Sh.P.No.8/L/1990

Challenged Section 31 of the NWFP Pre-emption Act, 1987.

Allowed on 1.10.1991 For the reasons recorded in the detailed judgment in S.P.No.8-L-1990. It has been held by the Court that sections 12, 13, 23, 29,31and 32 of the NWFP Pre-emption Act, 1987 to the extent stated there-under, are declared as repugnant to the Injunctions of Islam laid down in the Holy Quran and Sunnah of the Holy Prophet (SAW). They are declared as void and will cease to be effective as on 31st March, 1992, unless amended and altered by the Government of NWFP to bring them in conformity with the Injunctions of Islam as discussed in the judgment.NLR 1992 Page 91 SD

Filed in the Supreme Court of Pakistan and dismissed as withdrawn on dated 22-2-1993

601. S.P.No.12/L/1991Mian Sher Alam

Vs. Govt. of Punjab etc.

Punjab Pre emption Ord., 1990 challenged being repugnant to injunctions of Islam

The judgment in the above subject matter has already been passed in S.P.No.06-L/1990 Islam vide Court’s judgment dated 30.5.1991PLD 1991 FSC Page-80-

Appeal filed in the Hon’ble Supreme Court .The Appeal of the Punjab Govt: sections 2(a) 6(2)and 35(2) have been dismissed while the appeal of Punjab Govt regarding sections 13(3),22 of 24 has been allowed dt.2.9.1993, PLD 1994 SC Page-1. The revision petition against this Judgment has also been dismissed as barred by time

117

on 6.10.2004.602. S.P.No.12/K/1991

Arz Muhammad Chandio etc.

Vs. ADBP etc.



Appeal not filed

603. S.P.No.13/I/1991Mst. Karam Nooran



Dismissed having no jurisdiction on 24.3.1991 as the matter relate to Muslim Family Law Ord. 1961.

Appeal filed and has been dismissed on 14.2.1993

604. Sh.P.No.13/L/1991Rahm Din


Pakistan

Rule 17 of ADBP Rules, 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam

The judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.


605. S.P.No.13/K/1991Bakhshal Khan

Vs. ADBP etc.



Appeal not filed

606. S.P.No.14/I/1991Syed Hazrat Saeed

Vs.Captain Abdul Rashid

etc.

Article 141,142 & 144 and section 148 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam.

In view of the judgments reported in SCMR 1991 page 2063 & PLD 1992 S.C page 225, petition disposed of as withdrawn on 16.1.1994

Appeal not filed

607. S.P.No.14/L/1991Qari Ghulam Rasool Vs.

HBFC etcLinked with

S.P.No.50/L/1991Linked with



S.P.No.86/L/1991S.P.No.87/L/1991S.P.No.88/L/1991






Supreme Court of Pakistan upheld the judgment of FSC and dimissed the appeal on 23-12-1999 case PLD 2000, SC.Page 760.

608. S.P.No.14/K/1991Ghulam Ali alias Sadoro

Vs.ADBP etc

Interest Act, 1839, section 34, 34(a) (b) CPC challenged being repugnant to injunctions of Islam.

Dismissed on 2.2.1992 in limine having become infructuous as the judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on

Appeal not filed

118

14.11.1991 vide PLD 1992 page 1.

609. S.P.No.15/I/1991Haji Amanat Khan


Section 148 of the 1st Schedule of Limitation Act, 1908 challenged being repugnant to injunctions of Islam.

In view of the judgments reported in SCMR 1991 page 2063 & PLD 1992 S.C page 225, petition disposed of as withdrawn on 4.9.2007.

Appeal not filed

610. Sh.P.No.15/L/1991Pak Cables Rubber

IndustriesVs.

M.C.P Ltd.

Recovery of interest in respect of Banking Companies (Recovery of Loans) Ord. challenged being repugnant to injunctions of Islam

Dismissed being incompetent vide order dated 16.6.1991.

Appeal not filed

611. S.P.No.15/K/1991Karim Bux

Vs.ADBP etc.



Appeal not filed

612. Sh.P.No.16/L/1991Noor Muhammad

Vs.Usman etc.

Section 3 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam.

Dismissed as withdrawn on 29.4.1992 and if the petitioner is interested to challenge the judge-made law he may file a separate petition.

Appeal not filed

613. Sh.P.No.16/I/1991Allied Paper Industry

etc. KarachiVs.

National Bank of Pakistan etc.

Interest Act, 1839, section 34 CPC relating to interest, section 8(2) (a) of the Banking Company (Recovery of Loans) Ord. 1979 and section 79 and 80 of Negotiable Instrument Act, 1881 challenged being repugnant to injunctions of Islam

the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991.


614. S.P.No.16-A/I/1991Allied Paper Industry

etc. Karachi Vs.


Section 79 and 80 of Negotiable Instrument Act, 1881 regarding recovery of interest challenged being repugnant to injunctions of Islam

the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991


615. S.P.No.16-B/I/1991Allied Paper Industry

etc. Karachi Vs.


section 8(2) (a) of the Banking Company (Recovery of Loans) Ord. 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam


Supreme Court upheld the judgment of FSC and dismissed the appeal on 23-12-1999, PLD 2000 SC Page-225-770. Review petition filed in Supreme Court

119

and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800

616. S.P.No.16–C/I/1991Allied Paper Industry

etc. Karachi Vs.


Interest Act, 1839 regarding recovery of interest challenged being repugnant to injunctions of Islam



617. S.P.No.16/K/1991Syed Hussain Shah

Vs. ADBP etc.



Appeal not filed

618. Sh.P.No.17//L/1991M/S Kamran Ice

FactoryVs.

President of Pakistan

Banking Companies (Recovery of Loans) Ordinance, 1979 regarding recovery o interest being repugnant to injunctions of Islam.


Appeal not filed

619. S.P.No.17/I/1991Allied Paper Industry

etc. Karachi Vs.


Section 34 CPC, sections 79 & 80 of Negotiable Instrument Act, 1881, section 9(2)(a) of Banking Companies (Recovery of Loans) Ord. 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam

The judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991


620. S.P.No.17-A/I/1991Allied Paper Industry

etc. Karachi Vs.


Negotiable Instrument Act, 1881 regarding recovery of interest challenged being repugnant to injunctions of Islam



120

621. S.P.No.17-B/I/1991Allied Paper Industry

etc. Karachi Vs.


section 8(2) (a) of the Banking Company (Recovery of Loans) Ord. 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam



622. S.P.No.17-C/I/1991Allied Paper Industry

etc. Karachi Vs.


Interest Act, 1839 regarding recovery of interest challenged being repugnant to injunctions of Islam.



623. S.P.No.17/K/1991Haji Allah Dino

Vs. ADBP etc.



Appeal not filed

624. S.P.No.18/I/1991I.A Sherwani


FinanceLinked with



S.P.No.24/I/1991


Allowed off on 14.10.1992. The Court has been pleased to Order that the division of pensioners into new and old pensioners is also discriminatory. Actually pensioner is a pensioner irrespective of the irrespective of the date on which he retired and whenever there is any revision of salary or pension each one of the pensioners is entitled to get pension equal to the other in the same grade or category. It transpires that section 19 of Civil Servant Act is being implemented by the Government is respect of different pensioners not keeping in view the principle of ‘Adl’ and ‘Ihsan. The Court is also of the view that the aforesaid impugned Notification of the year 1985 and 1986 are in consistent with the injunctions of Islam in as much as the principle of ‘Adl’ and ‘Ihsan’ have been over locked. The Court will direct that regulation 4 of the Civil Serves regulations be also brought in conformity with the injunctions of Islam The

Filed in Supreme Court and has been allowed setaside the impugned judgment of the FSC dated 9-1-2004 , SCMR 2005 page 292

121

judgment shall take effect after 6 months from today i.e. 14.10.1992. S.D 1993,page 150

625. Sh.P.No.18/L/1991Muhammad Iqbal Zahid


Section 8(2) of Banking (Recovery of Loans) Ord. 1979, State Bank of Pakistan Act, 1956, Rule 17 of ADBP Rules, 1961, section 79 & 80 of Negotiable Instrument Act, 1981 & section 34 CPC challenged being repugnant to injunctions of Islam


Appeal not filed

626. S.P.No.18/K/1991Sher Muhammad

Vs. ADBP etc.



Appeal not filed

627. Sh.P.No.19/I/1991Nawazish Ali Zaidi



Detailed judgment on the same subject has already been passed in S.P.No.30/I/1990 on 14.11.1991 vide PLD 1992 page 1.


628. S.P.No.19/L/1991Muhammad Saleem



Dismissed for non-prosecution on 16.6.1991.

Appeal not filed

629. Sh.P.No.19/K/1991Ghulam Umar

Vs. ADBP etc.



Appeal not filed

630. Sh.P.No.20/I/1991Farman Ali Shah

Vs. ADBP

Rule 17 (1) of ADBP Rules, 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam.

Dismissed on 16.6.1991It appears that the federation of Pakistan has not been made party which is necessary and proper party.

Appeal not filed

631. Sh.P.No.20/L/1991Muhammad Sharif

Vs.Fed: of Pakistan


Dismissed as no provision of law has been specified in the petition vide order dated 16.6.1991.

Appeal not filed

632. Sh.P.No.20/K/1991Hafiz Abdul Salam

Interest Act, 1839, section 34, 34(a) (b)

Dismissed on 2.2.1992 in limine having become infructuous as the

Appeal not filed

122

Vs.ADBP etc.

CPC challenged being repugnant to injunctions of Islam.

judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.

633. S.P.No.21/I/1991Imtiaz Ali

Vs.Muhammad Shaukat

Manager ADBP

Personal grievance relating to interest on loan challenged being repugnant to injunctions of Islam.

Dismissed in limine being not maintainable and out of jurisdiction on 4.6.1991

Appeal not filed

634. S.P.No.21/L/1991M/k Imtrak Traders

Vs.Fed: of Pakistan

Recovery of interest in respect of Banking Companies (Recovery of Loans) Ord. challenged being repugnant to injunctions of Islam.

Judgment reserved on 15.2.1991. The detailed judgment is not placed in filed. However, the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.


635. S.P.No.21/K/1991Moula Bakhsh alias

Moula Dad Vs.

ADBP etc.



Appeal not filed

636. S.P.No.22/I/1991Captain (Retd) Mukhtar

Ahmed SheikhVs.

Govt. of Pakistan

Sections 169 and 249(a) of Cr.P.C of the Criminal procedural Court of 1898 Challenged being repugnant to injunctions of Islam.

Dismissed in limine on 19.4.1992 with observation that as the law challenged in this petition are procedural in nature and outside of the ambit of jurisdiction of this Court.

Appeal not filed

637. S.P.No.22/L/1991Sheikh Abdul Majeed

etc. Vs.

ADBP etc.

Recovery of Bank interest being repugnant to the injunctions of Islam.

Recovery of Bank interest repugnant to the injunctions of Islam. However, the judgment in the same subject matter has also been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.


638. S.P.No.22/K/1991Suhrab

Vs. ADBP etc.



Appeal not filed

639. S.P.No.23/I/1991M.Ghulam Muhammad

Vs.Custodian Evacuee

Trust Property Punjab

Complaint against fraud in respect of property inherited to him from his brother.

Dismissed in limine being out of jurisdiction on 4.6.1991.

Appeal not filed

640. Sh.P.No.23/L/1991Muhammad Mushtaq

ShahVs.

District Manager HBFS

Section 6,8,24 of HBFC Act, 1979 and Recovery of Bank interest being repugnant to the injunctions of Islam.


Appeal not filed

641. S.P.No.23/K/1991Bakhshal Khan etc.

Interest Act, 1839, section 34, 34(a)(b)

Dismissed on 2.2.1992 in limine having become infructuous as the

Appeal not filed

123

Vs. ADBP etc.

CPC challenged being repugnant to injunctions of Islam.

judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.

642. S.P.No.24/I/1991Fazal Ilahi, B.A.C. MA

Secy: Ministry of Finance





Allowed off on 14.10.1992. The Court has been pleased to Order that the division of pensioners into new and old pensioners is also discriminatory. Actually pensioner is a pensioner irrespective of the irrespective of the date on which he retired and whenever there is any revision of salary or pension each one of the pensioners is entitled to get pension equal to the other in the same grade or category. It transpires that section 19 of Civil Servant Act is being implemented by the Government is respect of different pensioners not keeping in view the principle of ‘Adl’ and ‘Ihsan. The Court is also of the view that the aforesaid impugned Notification of the year 1985 and 1986 are in consistent with the injunctions of Islam in as much as the principle of ‘Adl’ and ‘Ihsan’ have been over locked. The Court will direct that regulation 4 of the Civil Serves regulations be also brought in conformity with the injunctions of Islam The judgment shall take effect after 6 months from today i.e. 14.10.1992. S.D 1993 Page 150

Filed in Supreme Court has been allowed set a side the impugent judgment of federal Shariat court on 9.1.2004. SCMR 2005, Page 292

643. Sh.P.No.24/L/1991Muhammad Ashraf

Vs.Assistant Registrar

Industrial Cooperative Societies

Section 59(2)(e) Cooperative Societies Act, 1925, section 34(a) (b) C.P.C challenged being repugnant to injunctions of Islam

the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.


644. S.P.No.24/K/1991Muhammad Khan etc.

Vs. ADBP etc.



Appeal not filed

645. S.P.No.25/L/1991Muhammad Iabal Naz

Vs. Secretary Cooperative

Societies, Govt. of Punjab,

Section 59(2)(e) Cooperative Societies Act, 1925, section 34(a) (b) C.P.C challenged being repugnant to injunctions of Islam


Supreme Court upheld the judgment of FSC and dismissed the appeal on 23-12-1999, PLD 2000 SC Page-225-770. Review

124

petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800.

646. S.P.No.25/K/1991Arbab Ali etc.

Vs. ADBP etc.



Appeal not filed

647. S.P.No.26/I/1991M/S Kashmir Fabrics

Vs.M/S Habib Bank Ltd etc.

Section 79 & 80 of Negotiable Instrument Act, 1881, section 34 & rule 2 of Order 37 CPC, Banking Companies Ordinance, 1979, article 8 (2) (a) of Interest Act, 1839/1849 regarding recovery of interest challenged being repugnant to injunctions of Islam

Detailed judgment the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.


648. S.P.No.26/L/1991Ejaz-ul-Haq


Section 8(2) Banking Companies (Recovery of Loans) Ord., 1979, Foreign Exchange Regulations, 1947, State Bank of Pakistan Act, 1956 challenged being repugnant to injunctions of Islam.

Detailed the judgment in the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.


649. S.P.No.26/K/1991Muhammad Khan

Vs. ADBP etc



Appeal not filed

650. S.P.No. 27/I/1991Muhammad Ashraf etc.

Vs. Industrial Assistant

Registrar Cooperative Housing Societies etc.

Section 59(2)(e) of Cooperative Societies Act, 1925 challenged being repugnant to injunctions of Islam

Detailed judgment the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.

Supreme Court upheld the judgment of FSC and dismissed the appeal on 23-12-1999, PLD 2000 SC Page-225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC

125

Page-800.

651. Ss.P.No.27/L/1991Amanat Ali

Vs. ADBP

ADBP Ord: IV, 1961 regardeing recovery of interest challenged being repugnant to the injunctions of Islam.

Detailed on judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.


652. S.P.No.27/K/1991Arshad Ali etc.

Vs. ADBP etc.



Appeal not filed

653. S.P.No.28/I/1991Muhammad Iqbal Naz

etc. Vs.


Section 59(2)(e) of Cooperative Societies Act, 1925 challenged being repugnant to injunctions of Islam

Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.


654. Sh.P.No.28/L/1991Noor Ahmed

Vs.Fed: of Pakistan

Section 8(2) Banking Companies (Recovery of Loans) Ord., 1979, challenged being repugnant to injunctions of Islam

Detailed on judgment in the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.


655. S.P.No.28–K/1991Mukhtar Hussain


Section 6 of Banking Tribunal Ord. 1984 regarding charging markup challenged being repugnant to injunctions of Islam

Dismissed in limine on 9.2.1992 with observation that the section pertains to an obligation incurred by a customer. In the absence of the use of the term ‘markup’ in this section and the Court is unable to hold that its provisions are repugnant to the injunctions of Islam, therefore, petition having no merit in this petition.

Appeal not filed

126

656. Sh.P.No.29/I/1991Nadeem-ul-Islam &

othersVs.

ADBP

Rule 17 of ADBP Rules, 1961 challenged being repugnant to injunctions of Islam.

Dismissed on 16.6.1991 being incompetent as the Federation of Pakistan has not been impleaded as a party.

Appeal not filed

657. Sh.P.No.29/L/1991Faiz Ahmed etc.

Vs.H.B.L

Section 8(2) Banking Companies (Recovery of Loans) Ord., 1979, challenged being repugnant to injunctions of Islam.

Detailed on judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.


658. Sh.P.No.30/I/1991Tariq Mehmood etc.


Provisions 54 7 59(2)(e) of Cooperative Societies Act, 1925 challenged being repugnant to injunctions of Islam.

Detailed on judgment the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.


659. S.P.No.31/I/1991Faiz Ahmed etc.

Vs. Habib Bank Ltd. etc.

Section 34 of CPC regarding recovery of interest challenged being repugnant to injunctions of Islam



660. S.P.No.31/L/1991Ch: Sharif Ahmed

Vs. The State etc.

Banking Recovery Act, 1979 regarding charge of interest challenged being repugnant to injunctions of Islam

Detailed judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.


661. Sh.P.No.32/I/1991Faiz Ahmed etc.

Vs. Habib Bank Ltd. etc.




127

and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800.

662. S.P.No.32/L/1991Muhammad Amin

Wattoo Vs.

UBL etc.

Section 8(a) of Banking Companies (Recovery of Loans) Ord. 1979 challenged being repugnant to injunctions of Islam

Disposed of on 9.6.1991 as same order in S.P No.14-I/1990.

Appeal not filed

663. Sh.P.No.33/I/1991Faiz Ahmed etc.

Vs.Habib Bank Ltd. etc.

Section 79 & 80 of Negotiable Instrument Act, 1881 challenged being repugnant to injunctions of Islam



664. S.P.No.33/L/1991Sardar Khan

Vs. ADBP etc.

Section 25 of ADBP 1961 Rules 17 regarding recovery of interest challenged being repugnant to injunctions of Islam.



665. Sh.P.No.34/I/1991M/S Kashmir Fabric


Section 79 & 80 of Negotiable Instrument Act, 1881, section 34 & rule 2 of Order 37 CPC regarding recovery of interest challenged being repugnant to injunctions of Islam.

Dismissed on 16.6.1991 as the Federation of Pakistan has not been made as party in the petition.


666. Sh.P.No.34/L/1991Muhammad Nawaz

Vs. ADBP




128


667. Sh.P.No.35/I/1991M/S Kashmir Fabric


Interest Act, 1839/1949 regarding recovery of interest challenged being repugnant to injunctions of Islam



668. Sh.P.No.35/L/1991Karam Elahi

Vs.HBFC etc.

Provision of HBFC Act 1952 relating to recovery/imposition of interest challenged being repugnant to injunctions of Islam.

Dismissed on 16.6.1991 being incompetent

Appeal not filed

669. Sh.P.No.36/I/1991Syed Musharaf Alam

etc. Vs.

H.B.L etc.

Section 8(2)(a) of Banking Companies (Recovery of Loans) Ord. 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam.

Disposed of on 8.12.1991 as the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.

Appeal not filed

670. Sh.P.No.36/L/1991Lal Din

Vs.ADBP etc.

Section 25 of ADBP 1961 Rules 17 regarding recovery of interest challenged being repugnant to injunctions of Islam



671. Sh.P.No.37/I/1991Syed Musharaf Alam

etc.Vs.

H.B.L etc.

Section 34 of CPC regarding recovery of interest challenged being repugnant to injunctions of Islam.

Dismissed on 16.6.1991 being incompetent as the Federation of Pakistan has not been impleaded as a party.

Appeal not filed

672. Sh.P.No.37/L/1991Haji Rana Muhammad Shabbir Ahmed Khan

Vs.Governement of

Pakistan

Sections 2(9),13,24,27, 28,29,30 & 34 of Punjab Pre emption Act, 1991

Dismissed being infructuous vide order dated 17.10.1991

Appeal not filed

673. Sh.P.No.38/I/1991Syed Nazir Ali Shah etc.

Vs.

Section 2(k) of CDA Ordinance, 1960 regarding acquition of

Allowed on 23.2.1992. The Hon’ble Court held that section 2(k) of the CDA, 1960 is


129

C.D.A

Linked with

S.S.M.No.142/1982

private land without assessing market value challenged being repugnant to injunctions of Islam.

extremely arbitrary for the reason that the ‘market value’ should have relation to the value prevailing at the time of acquisition and not any notional value fixed in relation to the time when even question of acquisition did not arise and declared as repugnant to the Holy Quran and Sunnah and keeping in view the tradition of the Holy Prophet (P.B.U.H) stated in Para 22 of the judgment.PLD 1992 FSC Page 361

of Pakistan and dismissing as not pressed dated 6-10-2004.

674. Sh.P.No.38/L/1991Muhammad Tariq etc.

Vs.Govt. of Punjab

National Industrial Cooperative Societies Act and the laws relating to recovery of interest being repugnant to injunctions of Islam.

Disposed of as withdrawn vide order dated 4.6.1991.

Appeal not filed

675. Sh.P.No.39/I/1991Amir Alam Nutkani Vs.

Govt. of Pakistan

Rule 17 of ADBP Rules, 1961 regarding recovery of interest regarding recovery of interest challenged being repugnant to injunctions of Islam.



676. Sh.P.No.39/L/1991Mumtaz Ali alias Mabba

Vs.ADBP etc.

ADBP Rules 1961 and Banking Companies (Recovery of Loans) Ordinance, 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam.



677. S.P.No.40/I/1991Dr. Mehmood-ur-

Rehman Faisal Vs.


Sections 2(8), 20 (b) & 29, 9 to13, 15,17,18,20,23,26, 30,39,41,50(2) & 2(a), 53, 87,88,89,98,103 & 141 of Income Tax Ord. 1979 of the 1st Schedule regarding imposition of income tax challenged being repugnant to injunctions of Islam.

Dismissed being incompetent / infructuous as the ordinance in question has already been repealed vide Order dated 6.6.2007.

Appeal not filed

678. Sh.P.No.40/L/1991Naymat Ali

Vs.

Sections 2(6) (8) of HBFC Act XVIII, 1952 and section 34, 34(a)


Appeal not filed

130

HBFC etc. (b) CPC regarding recovery of interest challenged being repugnant to injunctions of Islam.

679. Sh.P.No.41/I/1991Raja Muhammad Afsar

KhanVs.


Section 3 & 5 (1) of the Wealth Tax Act, 1963 regarding imposition of wealth tax along with Zakat challenged being repugnant to injunctions of Islam.

On the account of the death of the petitioner this petition has been abated vide Court order 4.12.1995.

Appeal not filed


Vs.Federal Govt. of

Pakistan




681. Sh.P.No.42/I/1991Muhammad Hashim

Vs.National Bank of

Pakistan etc.

Section 79, 80 of Negotiable Instrument Act, section 34, 34(a) of CPC challenged being repugnant to injunctions of Islam.


Appeal not filed

682. Sh.P.No.42/L/1991Malik Munir Ahmed


Section 8(2) of the Banking Companies (Recovery of Loans) Ord., 1979 challenged being repugnant to injunctions of Islam.



683. S.P.No.43/I/1991Bashir Ahmed

Vs. M.C.B Ltd. etc.

Section 8(2) of Banking Companies (Recovery of Loans) Ordinance, 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam



131


Vs.M.C.B

No provision of law specifically challenged being repugnant to injunctions of Islam.

Dismissed being incompetent vides order 16.6.1991.

Appeal not filed

685. S.P.No.44/I/1991Mazhar Jan


Pakistan and other

Rule 17 of ADBP Rules 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam



686. Sh.P.No.44/L/1991Fazal Muhammad etc.

Vs.Punjab Provincial

Cooperative Bank Ltd etc.

No provision of law has specifically been challenged being repugnant to injunctions of Islam.

Dismissed being incompetent vide order dated 16.6.1991.

Appeal not filed

687. Sh.P.No.45/I/1991Muhammad Hashim

Vs. National Bank of

Pakistan etc.

Section 34, 34(a)(b) of CPC challenged being repugnant to injunctions of Islam.


Appeal not filed

688. Sh.P.No.45/L/1991Khudadad

Vs.Punjab Provincial

Cooperative Bank Ltd etc.

No provision of law has specifically been challenged being repugnant to injunctions of Islam.

Dismissed being incompetent vide order dated 16.6.1991

Appeal not filed

689. S.P.No.46/I/1991Nadeem-ul-Islam &

others Vs.

Fed: of Pakistan




690. Sh.P.No.46/L/1991Fateh Muhammad


Banking Companies (Recovery of Loans) Ord., regarding recovery of interest 1979 challenged being repugnant to injunctions of Islam

Detailed judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.


132

.691. S.P.No.47/I/1991

Farman Ali Shah Vs.

ADBP etc.




692. Sh.P.No.47/L/1991Mst. Noor Bakhat

Vs.HBFC etc.

Section 10 of XXVII, HBFC Act, 1956 regarding recovery of interest challenged being repugnant to injunctions of Islam.


Appeal not filed

693. Sh.P.No.48/I/1991Zafar Hayat Khan Bosal

Vs.ADBP M. Bahauddin

Rule 17 of ADBP Rules 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam.



694. Sh.P.No.48/L/1991Mst. Noor Bakhat

Vs.HBFC etc.

Section 28, Chapter 48 of Interest Act, 1939 regarding recovery of interest challenged being repugnant to the injunctions of Islam.



695. Sh.P.No.49/I/1991Razia Begum

Vs.Govt. of Pakistan &

Quaid-e-Azam University

Rule No.7(1) of Notification No.(RM-96) dated 3-5-1990 issued by the Quaid-e-Azam University regarding policy of allotment of residential accommodations of the University challenged being repugnant to injunctions of Islam.

Dismissed on 19.5.1992 with observation that the petition misconceived and not maintainable as well as the law in question does not come in conflict with the injunctions of Islam.

Appeal not filed

133

696. Sh.P.No.49/L/1991M/S Haji & sons

Vs.UBL Ltd. etc

Section 8(2) of Banking Companies (Recovery of Loans) Ord. 1979 challenged being repugnant to injunctions of Islam.


Appeal not filed

697. Sh.P.No.50/I/1991Karamatullah Sheikh


Section 8(2) of Banking Companies (Recovery of Loans) Ordinance, 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam.



698. S.P.No.50/L/1991Ch.M.Saddique

Vs. HBFC etc










699. Sh.P.No.51/I/1991Muhammad Iqbal

Vs. Govt. of Punjab

Section 2(k)(l), 10, 16 7 20 of West Pakistan Money Lenders Ord. 1960 Rule 27 of Pakistan Money Lenders Rules, 1965 regarding charge / recovery of interest challenged being repugnant to injunctions of Islam



700. Sh.P.No.51/L/1991Muhammad Rafiq

Vs.Federal Govt. of

Pakistan

Section 3 of Crown Grants Act (XV) of 1895 r/w condition 4 of Gazetteer of Hisar District, 1892 challenged being repugnant to injunctions of Islam

Dismissed for want of jurisdiction vide order dated 25.8.1991

Appeal not filed

701. Sh.P.No.52/I/1991Ch: Irshad Ahmed

Vs.

Explanation (4) below class (d) of Rule 2 of Federal Service

Dismissed having no repugnancy to the injunctions of Islam on 11.5.1992.

PLD-1993. Sc-464.

134

Fed: of Pakistan Medical Attendance Rule, 1990 (in case of more than one wife, the wife nominated by Govt. servant to receive medical attendance and treatment will be entitled to it) challenged being repugnant to injunctions of Islam.

PLD 1992-FSC, Page 527.

702. Sh.P.No.52/L/1991Hashmat

Vs.ADBP Ltd.

Section 25 of Banking Company Ord., 1962 regarding recovery of interest challenged being repugnant to injunctions of Islam.

The Hon’ble Court has already considered the said provisions of law and held it to be repugnant to the injunctions of Islam vide judgment dated 14.11.1991 in S.P.No.18-I/1990.

Appeal not filed

703. Sh.P.No.53/L/1991M. Jan Muhammad

Vs. Govt. of Punjab

Section 2(a) of Punjab Pre emption Act, 1991 challenged being repugnant to injunctions of Islam.

Petition dismissed as similar decision of Full Bench of this Court on several provision of Punjab Pre emption Act, 1991 including section 2(a) was announced on 30.5.1991. This decision was also published in PLD 1991 FSC 80 (July part).

Appeal not filed

704. Sh.P.No.54/I/1991Ghous Bux

Vs.Federal Govt. of

Pakistan

Rule 17 of ADBP, Rules, 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam




VirkVs.


Sections 2(j), 4, 5, 5(1), 7, 8, 12(2) & 18 of W.P Shops & Establishment 1969 challenged being repugnant to injunctions of Islam.

The Petition was dismissed as Hon’ble Court did not find in the impugned being repugnant to the injunctions of Islam vide order dated 12.2.1992.

Appeal not filed


Rehman FaisalVs.


Finance Act No. XII of 1991 regarding transaction/ involvement of interest in Banks challenged being repugnant to injunctions of Islam.

Petition was dismissed in limine on 10.2.1992 as was not properly filed.

Appeal not filed


VirkVs.


Sections 2(6) of Employees Old Age Benefit Act, 1976 challenged being repugnant to injunctions of Islam.

The petitioner was asked to file a fresh petition specifying accurately the provisions of law was challenged vide order dated 7.8.1991.

Appeal not filed

708. Sh.P.No.56/I/1991M/S Kashmir Fabrics

Vs.Federal Govt. of

Pakistan



Supreme Court upheld the judgment of FSC and dismissed the appeal on 23-12-1999, PLD 2000 SC Page-

135

225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800.


VirkVs.


Section 2(vi), section 6 & 7(2) (I) of the Payment of Wages Act, 1936.

Dismissed.The Hon’ble Court has observed that this section of the Act as well did not appear to be repugnant to injunctions of Islam vide Court’s order dated 12.2.1992.

Appeal not filed

710. Sh.P.No.57/I/1991M/S Kashmir Fabrics

Vs.Federal Govt. of

Pakistan

34 Order 37 Rule 2 of C.P.C regarding recovery of interest challenged being repugnant to injunctions of Islam.




VirkVs.


Section 2(f) of the Companies Profits (Workers & Participation) Act, 1968 and section 4(a) of the Schedule challenged being repugnant to injunctions of Islam.

The Hon’ble Court has observed that there is nothing to be considered repugnant to injunctions of Islam. Dismissed in limine vide Court’s order dated 12.2.1992.

Appeal not filed

712. Sh.P.No.58/I/1991M/S Saqib Brothers through Haji Sheikh

Karamat AliVs.


Banking Ordinance Article 8(2) r/w Article 2(a) (iii) of the subjective Resolution challenged regarding recovery of interest being repugnant to injunctions of Islam.




VirkVs.


Section 2(1) of West Pakistan Industrial Commercial Employment Standing Order, 1968, Industrial Relations Ord., 1969, Industrial Welfare Ord., 1989, Order 1(c),10(c)(1),15,4 & (5) challenged being repugnant to injunctions of Islam.

The petition was returned and petitioner was directed to file a fresh petition defining the words ‘Workers or Labour’ vide Court’s order dated 7.8.1991

Appeal not filed

714. S.P.No.59/I/1991Mst.Miro Jana






The Court has allowed the petition on 14-11-1991 and directed that nessary detections and amendments be made in section 4(2), 21(2), 24(11,12), 24(2) and 30(1)(C) by 30th June 1992 so as to bring them in comferty with the injunctions of Islam as laid down in the Holy Quran and Sunnah. PLD 1992 FSC


136




Page 501.


VirkVs.


Section 2(viii), 3, 7(2) (6) (d), 25(a), 35(3) and 38 of the Industrial Relations Ord., 1969 challenged being repugnant to injunctions of Islam.

The Hon’ble Court held that there appears nothing against the injunctions of Islam in the provisions. Dismissed in limine vide Court’s order dated 12.2.1992

Appeal not filed

716. Sh.P.No.60/I/1991Habib Wahab-ul-Khairi


Sections 292,293,294,294 (a)(b) of PPC sale / purchase/import/ export of obscene books/material etc. challenged being repugnant to injunctions of Islam.

Partially allowed to the extent that the phrase to the annoyance of others occurring in section 294 PPC is repugnant to injunction of Islam vide judgment dated 7.5.1992.PLD 1992 FSC Page 484

Appeal not filed

717. Sh.P.No.60/L/1991Muhammad Akram Virk


etc.

ADBP Rule 17 of Rules of 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam

Judgment reserved on 14.10.1991. The detailed judgment is not placed in filed. However, the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.


718. Sh.P.No.61/I/1991Bahramand

Vs.Govt. of NWFP.

Linked WithSh.P.No.1/P/1996

Linked WithSh.P.No.1/L/1993

Section 49 of Land Revenue Act, 1967 regarding taking custody of mines and minerals which is property of an individual by government challenged being repugnant to injunctions of Islam.

Dismissed on merit as observed by Hon’ble Court that petitioner has come out with his personal grievance & therefore his petition does not fall within the ambtit of section vide court order dated 23.1.2008

Appeal not field

719. Sh.P.No.61/L/1991Muhammad Khan Vs.

ADBP etc.

Recovery of loan interest challenged being repugnant to injunctions of Islam.

Petition returned to petitioner and he was asked to file a fresh petition specifying the provisions of law vide order dated 11.7.1991

Appeal not filed

720. Sh.P.No.62/I/1991Dr. Abdul Malik Irfani

Vs.Fed: of Pakistan

Section 5 to 8 of Law Report Act, 1875 r/w Law Report Amendment Act, 1989 challenged being repugnant to injunctions of Islam.

Dismissed on 2.11.1992 with observation that the versus of Holy Quran relied and quoted by the petitioner indeed are not relevant for declaring the impugned sections to be against the injunctions of Islam.NLR 1993, SD 231(2)

Appeal filed in the Hon’ble Supreme Court of Pakistan and dismissed on 9.3.1999.

721. Sh.P.No.62/L/1991Nawab Masroor Ali

KhanVs.

Section 19 of ADBP Ord., 1961 r/w Rule XVII sub rule (2) of ADBP Rules, 1961

Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page

Supreme Court upheld the judgment of FSC and dismissed

137

ADBP etc. regarding recovery of interest challenged being repugnant to injunctions of Islam.

1. the appeal on 23-12-1999, PLD 2000 SC Page-225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800.

722. Sh.P.No.63/I/1991Muhammad Karim

KhanVs.


Part (a) of sub rule 1 of Rule 6 of Order No.IX of CPC, 1908 regarding Govt. pleader/advocate must be bound to pursue the case of the absent parties challenged being repugnant to injunctions of Islam.


Appeal not filed

723. Sh.P.No.63/L/1991Maqbool Ahmed

QureshiVs.

Govt. of Pakistan

Section 12 and 20 of the Punjab Local Govt. 1979 challenge being repugnant to injunctions of Islam.

The petition was misconceived and finding no substance therein dismissed in limine vide order dated 18.8.1991

Appeal filed in the Hon’ble Supreme Court Dismissed dt.15.2.1993

724. Sh.P.No.64/I/1991Muhammad Mukhtar

Ahmed Farani Vs

Govt. of Sindh etc.

Sindh Money Lenders Ord. 1960 regarding charging interest challenged being repugnant to injunctions of Islam.



725. Sh.P.No.64/L/1991Maqbool Elahi Qureshi


Pakistan

Prime Minister secretariat’s Notification No.PAC 10-13/90 dated 5.6.1991, Public No.IS(IMP) PMDIR-164-91, PAC No.15.5.1991 dated 4.6.1991, Relating to Privileging of recommending the telephone connection by Federal Ministers/MNAs/Senetors, etc challenged being repugnant to injunctions of Islam.

The petition was dismissed in limine as no provision of law has been pointed out vide Court’s order dated 16.12.1991.


Dismissed dt.2.6.1998.

726. Sh.P.No.65/I/1991Mukhtar Ahmed Farani

Vs.Govt. of Baluchistan

Section 3(2) (5) & 20 of Baluchistan Money Lenders Ord. 1960 regarding charging interest challenged being repugnant to injunctions of Islam.



138



QureshiVs.


Section 99 of Representation of Peoples Act, 1976 challenged being repugnant to injunctions of Islam.


Appeal not filed

728. S.P.No.66/I/1991Mukhtar Ahmed Farani

Vs.Govt. of NWFP

Section 3(2)(5) & 20 of NWFP Money Lenders Ord. 1960 regarding charging interest challenged being repugnant to injunctions of Islam.



729. Sh.P.No.66/L/1991Muhammad Akhtar

KhanVs.

HBFC & others

Section 8(2) Banking Companies (Recovery of Loans) Ord., 1979 regarding recovery of interest, section 34 & order XXXVII cCPC, section 79 & 80 of Negotiable Instrument Act, Interest Act, 1839, section 30 of HBFC Act XVIII, 1952 challenged being repugnant to injunctions of Islam



730. S.P.No.67/I/1991Mukhtar Ahmed Farani

Vs. Govt. of Punjab

Section 3(2)(5) & 20 of Punjab Money Lenders Ord. 1960 regarding charging interest challenged being repugnant to injunctions of Islam



731. S.P.No.67/L/1991Naveed Asif

Vs. A.B.L Ltd

Section 8(2)(a) of Banking Companies (Recovery of Loans) 1979 regarding recovery of interest challenged being


Supreme Court upheld the judgment of FSC and dismissed the appeal on 23-12-1999, PLD

139


2000 SC Page-225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800.

732. S.P.No.68/I/1991Malik Bashir Ahmed

Awan Vs.

Chairman ADBP etc.

Section 19 of ADBP Ord. 1961 r/w Rule XVII sub rule (1) of ADBP Rules 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam




Vs. A.B.L Ltd




734. S.P.No.69/I/1991Mehmood Arshad Khan


Rule 17 of ADBP Rule, 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam.




Vs. A.B.L Ltd

Section 78 and 80 of Negotiable Instrument Act, 1881 regarding recovery of interest challenged being repugnant to injunctions of Islam.



140

and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800.

736. S.P.No.70/I/1991Muzaffar Ali Qureshi

Vs. HBFC etc.

Section 24(8) of HBFC Act, 1952 challenged being repugnant to injunctions of Islam.

Dismissed being infructuous on 13.10.1991 as the relevant law has been amended in 1979.

Appeal not filed

737. Sh.P.No.70/L/1991M/S Alcos etc

Vs.N.P.B

Section 79 & 80 of Negotiable Instrument Act, 1881 regarding recovery of interest challenged being repugnant to injunctions of Islam.



738. Sh.P.No.71/I/1991Gulzar Ahmed Khan Vs.Province of Punjab etc.

Circular 603-22-RCS dated 13.2.1979 & Circular RCS/B/C-4069-5018 dated 15.12.1970 issued under the Cooperative Societies & Cooperative Banks (Repayment of Loans) Ord. XIV of 1966 regarding provision relating to interest challenged being repugnant to injunctions of Islam.

Disposed of as withdrawn vide Court order dated 3.11.1991.

Appeal not filed

739. Sh.P.No.71/L/1991M/S Alcos etc

Vs.N.B.P




740. Sh.P.No.72/I/1991Ch: Sarwar Hayat etc.


Circular 603-22-RCS dated 13.2.1979 & Circular RCS/B/C-4069-5018 dated 15.12.1970 issued under the Cooperative Societies & Cooperative Banks (Repayment of Loans) Ord. XIV of 1966 regarding provision

Disposed of as withdrawn vide Court order dated 3.11.1991.

Appeal not filed

141

relating to interest challenged being repugnant to injunctions of Islam

741. S.P.No.72/L/1991M/S Alcos etc

Vs. N.B.P

Section 34, 34(a)(b) C.P.C regarding recovery of interest challenged being repugnant to injunctions of Islam



742. Sh.P.No.73/I/1991Abdul Qayyum

Vs.United Bank Ltd.

In this Shariat petition has challenged the section 8(2)a, of the Banking Companies Recovery of Loans Ordinance



743. S.P.No.73/L/1991M/S Alcos etc Vs. N.B.P

Section 8(2)(a) of Banking Companies (Recovery of Loans) 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam



744. S.P.No.74/I/1991Abdul Qayoon Qureshi

Vs.UBL & Fed: of Pakistan

etc.




142


Vs. A.B.L Ltd

Section 34, 34(a) (b) C.P.C regarding recovery of interest challenged being repugnant to injunctions of Islam.



746. S.P.No.75/I/1991Syed Afzal Haider Vs.


Section 13 of the Special Courts for Speedy Trial Ord. XXV, 1991 challenged being repugnant to injunctions of Islam.

Disposed of as this petition has become infructuous on 26.10.2000.

Appeal not filed

747. Sh.P.No.75/L/1991Rao Muhammad Yasin

KhanVs.

ADBP

Provision of the enforcement of Sharia Act, 1991 challenged being repugnant to injunctions of Islam

Petition returned being incompetent vide Court order dated 17.7.1991

Appeal not filed

748. S.P.No.76/I/1991Muhammad Shafi

MuhammadiVs.

Fed: of Pakistan

Section 337 & 338 Cr.P.C with the definition of Harabah (opinion passed in judgment dated 23.10.1991 passed by High Court of Sindh) challenged being repugnant to injunctions of Islam.

Petition was dismissed in limine being not maintainable and challenging no provision of law vide Court order dated 20.4.1992.

Appeal not filed

749. Sh.P.No.76/L/1991Abdul Rashid etc. Vs.

UBL etc.

Section 8(2)(a) of the Banking Companies (Recovery of Loans) Ord. challenged being repugnant to injunctions of Islam.


Appeal not filed

750. Sh.P.No.77/I/1991Gulzar Ahmed


Section 59 of Cooperative Societies Act, 1925 regarding recovery of interest challenged being repugnant to injunctions of Islam.

Disposed of 15.12.1991 as the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.

Appeal has not the Hon’ble Supreme Court of Pakistan.

751. Sh.P.No.77/L/1991Malik Muhammad

AslamVs.

District Manager HBFC etc.

No specific provision of HBFC, regarding recovery of interest, has been challenged being repugnant to injunctions of Islam.

Petition returned to petitioner vide Court order dated 7.8.1991

Appeal not filed



Rule 71(2) (m) (ee) of the Cooperative Societies Act, 1925 regarding recovery of interest challenged being repugnant to injunctions of Islam.


Supreme Court upheld the judgment of FSC and dismissed the appeal on 23-12-1999, PLD 2000 SC Page-225-770. Review petition filed in Supreme Court and remanded the cases to FSC

143

on 24-6-2002, PLD 2002 SC Page-800.

753. Sh.P.No.78/L/1991Riaz Hussain etc.

Vs.H.B.L Ltd etc.

Section 8 of the Banking Companies (Recovery of Loans) 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam.

Petition dismissed being non-maintainable on 17.12.1991. However, the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.




Circular No.623-82, Circular No. 603-22-RSC dated 13.2.1969, Circular No. RCS/B&C/4869-5018 dated 5.12.1977 regarding recovery of interest challenged being repugnant to injunctions of Islam.



755. Sh.P.No.79/L/1991Muhammad Anees Vs.

ADBP etc.

Section 19 of ADBP 1961 and 17 of ADBP Rules, 1960 regarding recovery of interest challenged being repugnant to injunctions of Islam.








Disposed of dated 30-6-1992. Appeal not filed

757. Sh.P.No.80/L/1991Talib Hussain

Vs.Mercantile Cooperative Finance Corp. Ltd etc.

Shariah Act, 1991 challenged being repugnant to injunctions of Islam.

Dismissed being incompetent vide Court order dated 12.12.1991.

Appeal not filed

144

758. S.P.No.81/I/1991Ch: Sarwar Hayat Vs.Province of Punjab &

others




759. Sh.P.No.81/L/1991Ghulam Abbas etc. Vs.

Manager ADBP etc.

Section 8(2) Banking Company (Recovery of Loans) 1979, section 79 & 80 of Negotiable Instrument Act, section 34, 24(a)(b) C.P.C and Interest Act, 1839 regarding recovery of interest challenged being repugnant to injunctions of Islam.

Disposed on 16.12.1991. However, the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.


760. Sh.P.No.82/I/1991Ch. Sarwar Hayat




Article No. 3(6) of the Bye-Laws of National Industrial Co-operative Finance Corporation Limited may please be examined and declared to be repugnant to the Injunctions of Islam. -------------

Allowed. The Court has declared (To draw interest thereon) repugnant to Injunction of Islam. The concerned authority is directed to suitably amend the said provision of law within six months. Failing which it shall cease to be effective as on and form 31st of December, 1992.Dated: 30-6-1992.


761. Sh.P.No.82/L/1991Sohni

Vs.Manager ADBP etc.

Section 8(2) Banking Company (Recovery of Loans) 1979, section 79 & 80 of Negotiable Instrument Act, section 34, 24(a)(b) C.P.C and Interest Act, 1839 regarding recovery of interest challenged being repugnant to injunctions of Islam.

Disposed on 16.12.1991. However, the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.


762. Sh.P.No.83/I/1991Ch: Sarwar Hayat Vs.Province of Punjab &

others

Section 71(2) (m)(e) of Cooperative Societies Act, 1925 regarding recovery of interest challenged being repugnant to injunctions of Islam.



145

763. S.P.No.83/L/1991Haji Muhammad Arif

Vs. HBFC etc










764. S.P.No.84/I/1991Ch: Sarwar Hayat Vs.

Province of Punjab etc.

Circular No.623-82, Circular No. 603-22-RSC dated 13.2.1969, Circular No. RCS/B&C/4869-5018 dated 5.12.1977 regarding recovery of interest challenged being repugnant to injunctions of Islam.



765. Sh.P.No.84/L/1991Wali Muhammad

Vs.Fed: of Pakistan

Section 4 of Muslim Family Law 1961 challenged being repugnant to injunctions of Islam.

Dismissed having no jurisdiction vide order dated 28.8.1991.

Appeal not filed

766. S.P.No.85/I/1991Captain Abdul Ghafoor


Section 14 of Offence of Qazf (Enforcement of Hadd) Ord. 1979 relating to Lian challenged being repugnant to injunctions of Islam.

Disposed of on 9.7.1992 with observation that law challenged is not repugnant to injunctions of Islam, however, a lacuna which may be filled by adding the words in beginning of sub-section (1) of section 14 that ‘in the absence of evidence of four eye-witnesses,’ the Court shall proceed to record the Li’an.

Appeal not filed

767. Sh.P.No.85/L/1991Muhammad Sharif Vs.

Fed: of Pakistan

Section 34, 34(a)(b) CPC regarding recovery of interest and section 59 subsection 2 of Cooperative Societies Act, 1925 challenged being repugnant to injunctions of Islam.




Rehman FaisalVs.


Section 3(2), 8, 15, 18, 19 & 21 of Enforcement of Shariah Act, 1991 (barring the Federal Shariat Court to adjudicate fiscal matters) challenged

Disposed of on 5.12.2000 as same order was passed in S.P.No.5-I/1992 which says ‘an authoritative judgment on the subject has been delivered by the Hon’ble Shariat Appellate Bench and a task force has been formed to work out strategy for

Appeal not filed

146

being repugnant to injunctions of Islam.

implementation of the same. In view of the matter petition became infructuous and disposed of accordingly.

769. S.P.No.86/L/1991S.P.No.87/L/1991S.P.No.88/L/1991Mst. Noor Bakht

Vs.HBFC etc










Supreme Court of Pakistan upheld the judgment of FSC and dimissed the appeal on 23-12-1999.PLD 2000, SC.Page 760.

770. S.P.No.87/I/1991Dr. Muhammad Asalm

KhakiVs.


Section 31(1) & 18(1) of Allam Iqbal Open University Act, 1974 (regarding right of appeal against the order passed by V.C before Executive Council which is itself headed by V.C, and thereafter to the Pro-Chancellor) challenged being repugnant to injunctions of Islam


Appeal not filed

771. S.P.No.88/I/1991Qazi Muhammad

HaroonVs.

Govt. of Pakistan

Section 22 of Legal Practitioner & Bar Council Act, 1973 challenged being repugnant to injunctions of Islam.

Disposed of on 3-11-1992. Appeal not filed

772. S.P.No.89/L/1991Sheikh Masood Ellahi


Section 8(2)(a) of the Banking Companies (Recovery of Loans) Ord. 1979 challenged being repugnant to injunctions of Islam.

However, the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.

Appeal not filed

773. S.P.No.90/L/1991Mansoor Ellahi etc. Vs.Govt. of Pakistan etc.

Section 8(2)(a) of Banking Company (Recovery of Loans) 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam



147

774. S.P.No.91/L/1991Muhammad Rafiq Vs.

Manager U.B.L & others





QureshiVs.


West Pakistan Land Revenue Rules, 1968, challenged being repugnant to injunctions of Islam

Dismissed on dated 16-12-1991. Supreme Court held that Rule 25 and 26 are repugnant to Injunctions of Islam to the extent they recognize the appointment of minor or incapable person as a Headman and Rule 19(2) of the Punjab Land Revenue Rules 1968 Rule 17 declared and repugnant to the Injunctions of Islam.

776. S.P.No.93/L/1991Sheikh Mushtaq Ahmed





777. S.P.No.94/L/1991Ashiq Hussain etc Vs.

Islamic Republic of Pakistan etcLinked with





S.P.No.86/L/1991S.P.No.87/L/1991S.P.No.88/L/1991

In these connected Shariat Petitions a number of provisions of House Building Finance Corporation, Act 1952 have been challenged as repugnant to the Injunctions of Islam

The Court has allowed the petition on 14-11-1991 and directed that nessary detections and amendments be made in section 4(2), 21(2), 24(11,12), 24(2) and 30(1)(C) by 30th June 1992 so as to bring them in comferty with the injunctions of Islam as laid down in the Holy Quran and Sunnah. PLD 1992 Page 501 FSC


148



778. Review S.P.No.1/I/1992 in S.P.No.95/L/1991

Akbar Khan Vs.


Challenged section 13 of the Punjab Pre-emption Act No. IX of 1991

Dismissed being misconceived on 30.11.1993


779. Sh.P.No.96/L/1991Muhammad Iqbal Vs.

The State etc.

Section 6 of Muslim Family Law 1961 challenged being repugnant to injunctions of Islam.

Dismissed having no jurisdiction vide Court order 13.10.1991

Appeal not filed

780. Sh.P.No.97/L/1991Muhammad Abdullah

AlviVs.

ADBP

ADBP Rules 1961 (Recovery of Interest on Loans) challenged being repugnant to injunctions of Islam.

Dismissed being incompetent as petitioner raised grievance of his personal nature vide Court order dated 12.12.1991

Appeal not filed


Vs.U.B.L etc.

Interest Act, 1839, section 34, 34(a)(b) C.P.C and section 59 of Cooperative Societies Act, 1925 challenged being repugnant to injunctions of Islam.

Disposed of on 12.12.1991. The detailed judgment is not placed in filed. However, the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.


782. S.P.No.100/L/1991Manzoor Hussain Vs.


Linked with S.P.No.14/L/1991




Linked withS.P.No.86/L/1991S.P.No.87/L/1991S.P.No.88/L/1991






783. Sh.P.No.101/L/1991

S. Muhammad Din & sons Pvt. Ltd





149


784. S.P.No.102/L/1991Muhammad Anwar Vs.

Fed: of Pakistan

Rule 17 of ADBP rules 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam



785. S.P.No.103/L/1991Muhammad Siddique

Chughtai Vs. Govt. of Pakistan etc.

No specific provision of law has been challenged being repugnant to injunctions of Islam

Dismissed being not maintainable as the Hon’ble Court had already dismissed the S.Petition No.13-L/1989 of same nature and grounds in limine vide Court order dated 15.12.1991

Appeal not filed

786. S.P.No.104/L/1991M/S Mumtaz Industries

Vs. Manager IDBP etc

L/W S.P.No.105/L/1991

Section 34,35 r/w section 37 Rule 2 of CPC relating to interest challenged being repugnant to injunctions of Islam

Allowed, vide judgment dated 2.2.1992 in view of the judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 360




L/W S.P.No.104/L/1991

Section 28 of Banking Companies (Recovery of Loan) Ord., 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam

Allowed, vide judgment dated 2.2.1992 in view of the judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 ,PLD 1992 FSC Page 360

Appeal has not filed..

788. S.P.No.106/L/1991Munir Hussain

Vs. U.B.L etc.

Section 34 CPC, section 79 & 80 of negotiable Instrument Act, 1881, section 82(2) OF Banking Companies (Recovery of Loans) Ord., 1979, Interest Act, 1838 regarding recovery of interest challenged being repugnant to injunctions of Islam

Disposed of on 15.12.1991 in view of the judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.


789. S.P.No.107/L/1991Muhammad Aslam Vs. Province of Punjab etc.

Schedule No.7,9,10 (cancellation of law of allotment) of Housing & Physical Planning Punjab Lahore (personal grievance) challenged being repugnant to injunctions of Islam

Disposed of. Petition returned to petitioner as it was mentioning personal grievance vide letter dated 21.6.1992 issued by Senior Research Advisor F.S.C

Appeal not filed

150

790. S.P.No.108/L/1991Rukhsana & Co Vs. ABL

Lahore

Section 25(2) (a) 26 and 26-A (1)iii Banking companies ord:1962

Original petition returned to petitioner 19.10.1991.


791. S.P.No.109/L/1991Pak Cables Rubber

Industry Vs.

M.C.B Ltd. etc

Section 8 (2) of Banking Companies (Recovery of Loans) Ord., 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam

Disposed of on 12.12.1991 in view of judgment already passed in the same subject matter passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.


792. S.P.No.111/L/1991M/S National

Machinery Store Vs.


Section 8 (2) of Banking Companies (Recovery of Loans) Ord., 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam.



793. S.P.No.112/L/1991M/S National

Machinery Store Vs.





794. S.P.No.113/L/1991Sheikh Ishfaq Ahmed





795. S.P.No.114/L/1991Din Muhammad etc. Vs.

ADBP etc.

ADBP Rules 1961, regarding recovery of interest regarding recovery of interest challenged being repugnant to injunctions of Islam.

Disposed of on 04.10.1992 in view of judgment already passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.


796. S.P.No.115/L/1991Muhammad Madani Vs.

Fed: of Pakistan




797. S.P.No.116/L/1991Muhammad Amin etc.





798. S.P.No.117/L/1991Saleem Akhtar


Pakistan etc.




799. S.P.No.118/L/1991Muhammad Ismail

Qureshi Vs.

Fed: of PakistanL/W

S.P.No.123/L/1991L/W

S.P.No.14/L/1992L/W

Sub section (ii) of section 3, section 19 of Enforcement of Shariah Act, 1991, challenged being repugnant to injunctions of Islam.

Allowed. Provision of section 3(2), 19 of Enforcement of the Shariah Act, XX of 1991 were declared repugnant to the injunctions of Islam vide Court judgment dated 13.5.1992,PLD 1992 FSC Page 445

Appeal filed in the Hon’ble Supreme Court of Pakistan.Pending

151

S.P.No.15/L/1992800. S.P.No.119/L/1991

M/S Mumtaz Industries Vs.

Fed: of Pakistan

Section 41 of IDBP 1961 challenged being repugnant to injunctions of Islam.

Dismissed. The Hon’ble Court has found that there is no repugnancy in the above said provisions to the injunctions of Islam as laid down in the Holy Quran and Sunnah vide judgment dated 23.6.1992

Appeal not filed





Appeal not filed


Vs. A.B.L Ltd etc.

Section 8 (2) of Banking Companies (Recovery of Loans) Ord., 1979 challenged being repugnant to injunctions of Islam.


Appeal not filed

803. S.P.No.122/L/1991Ghulam Haider

Vs. Punjab Cooperative

Bank etc.

Punjab Cooperative Societies and Cooperative Bank (Repayment of Loan) 1966 regarding recovery of interest challenged being repugnant to injunctions of Islam.

Dismissed as withdrawn vide court order dated 13.2.1992

Appeal not filed

804. S.P.No.124/L/1991Muhammad Afzal etc.


Pakistan etc.

Provision of section 10, 73 & 74 of Contract Act, 1872 and Provision of 21, 24,25 & 26 of Specific Relief Act, 1877 challenged being repugnant to injunctions of Islam.

The petition is dismissed in limine vide Court order dated 21.6.1992 as the Hon’ble Court has already examined the law under suo moto jurisdiction in 1983-84.

Appeal filed in the Hon’ble Supreme Court of Pakistan and has been dismissed on 14-10-2004




805. Review S.P.No.1/I/1992 in S.P.No.95/L/1991

Akbar KhanVs.


Challenged section 13 of the Punjab Pre-emption Act No. IX of 1991.

Dismissed being misconceived on 30.11.1993


806. S.P.No.1/I/1992Sher Nadir Khan

Vs.The Govt. of NWFP and

another

Personal grievance. Dismissed in limine on 13.2.1992 for want of jurisdiction


807. Sh.P.No.1/L/1992Mst.Mumtaz Begam

VsThe Provence of Punjab

etc.Linked with

Sh.P.No.80/I/1991

Article No. 3(6) of the Bye-Laws of National Industrial Co-operative Finance Corporation Limited may please be examined and declared to be repugnant to the

Allowed. The Court has declared (To draw interest thereon) repugnant to Injunction of Islam. The concerned authority is directed to suitably amend the said provision of law within six months. Failing which it shall


152


Injunctions of Islam.

cease to be effective as on and form 31st of December, 1992.Dated: 30-6-1992.

808. Sh.P.No.1/K/1992Illahi Bakhsh


Pakistan etc

Challenged Section 4 of Muslim Family Laws Ordinance, 1961.

Office has informed to petitioner that the matter does not fall within the jurisdiction of this Court.Office letter date; 9-2-1992.


809. S.P.No.2/I/1992Noor Khan

Vs.Federal Govt.etc.

Section 54-C and Sub-section of Section 24 of Act IX of 1910 added by Electricity (Amendment) Ordinance, 1979 (Ord No.LXII of 1979).



810. Sh.P.No.2/K/1992Sharaf-uddin and five

othersVs

ADBP and others

Challenged the interest Act (Whole Act), 1939 and Provision of Section 34, 34(A) (B) of Civil Procedure Code.

Returned.Office has informed to petitioner that the petition is not in accordance with Rule 7(2) of FSC (Procedure) Rules, 1981.Office letter dated; 9-2-1992.


811. Sh.Rew.No.2/I of 1992Abdul Sattar

VsThe Government of

PakistanLinked With

Sh.P.No.7/L/1992

Impugned Para 22 of the Martial Law Regulation No.115 of 1972 (Restrictions on partition of joint holdings) is patently Un-Islamic being voilative of the fundamental rights of equality before law recognized by Quran and Sunnah. The common cause of permitting the partition of joint holding is the fundamental rights of the co-owners to utilize their land with their exclusive possession. ----------------

Disposed of.The Court has already been given judgment in Shariat petition No.10/L/1990 Ch. Khan Muhammad Vs The Government of Pakistan on 27-04-1992 and Shariat Appellate Bench of Supreme Court of Pakistan on 15-11-1993 declining the provisions of paragraphs 22, 23 and 24 of Martial Law Regulation -115 against the Injunction of Islam. No such order has to be passed by this Court on this Shariat Petition. Order dated: 1-12-1993. -------------


812. S.P.No.3/I/1992Dr.Mahmood-ur-

Rehman FaisalVs.


Section 3 of the Limitation Act, 1908.

Dismissed on 10.5.1992. Appeal has not filed.

813. Sh.P.No.3/L/1992Imtiaz Ali Asad

VsThe Government of

Pakistan

Challenged Sections 20 and 57 of Representation of Peoples Act, 1976. (Procedure of Nominated Candidate).

Dismissed. The Court has not found repugnant of Injunction of Islam of these challenged sections.Dated: 12-11-1992.


814. Review S.P.No.3/I/1992

Qazi Mazhar Ul Haq Vs.Govt. of Pakistan

Sections 4, 11, 16, 17 and 23(1) of the Land Acquisition Act, 1894.

Dismissed for non-prosecution on 20.10.2008


815. Sh.P.No.3/K/1992Miss. Taslim sheikh

VsM.D HBFC etc

Section 24(6),(8) and 26(3) of House Building Finance Corporation Act, XVIII of 1952.

Dismissed in limine.The Judgment of supreme Court Of Pakistan on Riba this petition has become infructuous.Order dated 8-5-2000.



Rehman Faisal

Section 3 of the Bait-ul-Mal Act No.1 of 1992 has been challenged

Dismissed in limine on 10.2.1992 Appeal filed in the Hon’ble Supreme Court

153


of Pakistan.

817. Sh.P.No.4/L/1992Safdar Ali & others


Petitioner has stated that he was allotted a piece of land at Sargodha in lieu of his land acquired by the Government situate at Gujranwala. The price of the plot is Rs.28, 100/-. The Government is claiming Rs.12, 960/- towards interest plus penal interest of Rs.20, 369.25. By this petition, a declaration is sought that the interest is against the Inunctions of Islam as laid down in the Holy Quran and Sunnah.

Dismissed.In this matter the petitioner has raised some personal grievance. The Court in not competent to grant any personal relief therefore the petition is not maintainable and has dismissed accordingly.Dated: 28-4-1992.


818. Review S.P.No.4/I/1992Dr.Mehmood-ur-

Rehman Faisal Vs.

Govt. of Pakistan and another

Section 21 of Enforcement of Shariah Act,1991

Disposed of on 5.12.2000, as infructuous, as an authoritative judgment on the subject has been delivered by the Hon’ble Shariat Appellate Bench of the Supreme Court of Pakistan and a task force has been formed to work out strategy for implementation of the same


819. Sh.P.No.4/K/1992Sohail Hameed


Challenged Section 34 of PPC on the ground of its being repugnant to the Injunctions of Islam. “S. 34. When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone”.

Dismissed.The Court has not found the said Section against the Quran and Sunnah. Judgment dated; 12-11-1992,PLD 1993 FSC Page 44


820. Sh.P.No.5/L/1992Sardar Khan

VsAllied Bank of Pakistan

Ltd.

The petitioner has requested through petition that the recovery of Interest, penal interest and other charges o loan given to the petitioner /firm by the respondent-bank as against the Injunctions of Islam, Holy Quran and Sunnah.

The Court has informed the petitioner that you have not challenged any law or provision there of as repugnant to the Injunctions of Islam therefore if so diseur file a petition challenging any law or provision. But no petition has been file by the petitioner.


821. S.P.No.5/I/1992Saleem Raza Qureshi Vs. Federation of Pakistan

Sections 18 and 19 of the Shariat Act,1991

Disposed of as infructuous on 5.12.2000.


822.Review

S.P.No.5/I/1992Abdullah Sani etc Vs. Secretary M/o Law

L/W

Review of FSC judgment dated 7.7.1983 where in different sections of Copy Rights Ordinance XXXIV of 1962 and Rules 10 and 17 of


154

22/I/1992 Copy right rules, 1967 has been challenged.

823. Sh.P.No.5/K/1992Muhammad Mumtaz Ali


etc

Challenged Gazette Notification No.SRO-939(i) /79. (Return of Agriculture Land).

Dismissed as withdrawn.Order dated; 5-10-1992


824. S.P.No.6/I/1992Abdur Rehman Siddiqui

etc Vs.


Secs.18 and 19 of Enforcement of Shariah Act, 1991.

Disposed of as infructuous on 5.12.2000



VsAllied Bank of Pakistan

Ltd.

The petitioner has requested through petition that the recovery of Interest, penal interest and other charges o loan given to the petitioner /firm by the respondent-bank as against the Injunctions of Islam, Holy Quran and Sunnah.

Dismissed as withdrawn.The Court has informed that the petitioner to see this Court‘s judgment PLD-1992-FSC-1. Challenged pointed has already been discussed in the judgment.Order dated: 28-4-1992.


826. Sh.P.No.6/K/1992Khaliquz-zaman

VsSajjad Hussain and

Others

Challenged Section 4 of the Muslim Family Laws, 1961.

Dismissed.This Court and supreme Court of Pakistan has already been examined above said provision i.e. Farishta Khatoon case reported PLD 1981-SC-120.Order dated; 21-6-1992


827. Sh.P.No.7/L/1992Abdul Sattar

VsThe Federal

Government of Pakistan.

Linked With

Sh.Rew.No.2/I of

Impugned Para 22 of the Martial Law Regulation No.115 of 1972 (Restrictions on partition of joint holdings) is patently Un-Islamic being voilative of the fundamental rights of equality before law recognized by Quran and Sunnah. The common cause of permitting the partition of joint holding is the fundamental rights of the co-owners to utilize their land with their exclusive possession. ----------------

Disposed of.The Court has already been given judgment in Shariat petition No.10/L/1990 Ch. Khan Muhammad Vs The Government of Pakistan on 27-04-1992 and Shariat Appellate Bench of Supreme Court of Pakistan on 15-11-1993 declining the provisions of paragraphs 22, 23 and 24 of Martial Law Regulation -115 against the Injunction of Islam. No such order has to be passed by this Court on this Shariat Petition. Order dated: 1-12-1993. -------------


828. Sh.P.No.7/K/1992Malik Muhammad

UsmanVs


Challenged the Qisas and Diyat Ordinance is against the Injunctions of Islam.

Returned.Office has been informed by his letter dated 29-6-1992 that the petition does not full fill the requirement mentioned in the FSC procedure Rules 7, 8, & 9 of 1981.



VsThe Government of

Pakistan

The petitioner has requested through petition that the recovery of Interest, penal interest and

The Court has informed the petitioner that you have not challenged any law or provision there of as repugnant to the Injunctions of Islam therefore if


155

other charges o loan given to the petitioner /firm by the respondent-bank as against the Injunctions of Islam, Holy Quran and Sunnah.

so diseur file a petition challenging any law or provision. But no petition has been file by the petitioner.


UsmanVs


Challenged the peoples Representative Act, 1976 Chapter 1 sub Clause (IV) 2

Returned.Office has been informed by his letter dated 29-6-1992 that the petition does not full fill the requirement mentioned in the FSC procedure Rules 7, 8, & 9 of 1981.


831. Sh.P.No.9/L/1992Rana Zahoor Ahmed

KhanVs

United Bank Limited

The petitioner has prayed through that the demand of Interest from the petitioner by the respondent Bank along with the arrears of interest which amounted to Rs. 176,944.50 as on 21.10.1986 may be declared as illegal, unlawful and not recoverable.

Dismissed in limine.The Court has no jurisdiction to grant an Injunction as provided under Article 203H (3) of the Constitution.Order dated: 29-4-1992.


832. Sh.P.No.9/K/1992Masood Ahmed Ansari


etc

Challenged Section 8 of Muslim Family Laws Ordinance, 1961 and Section 2 of the dissolution of Muslim Marriage Act, 1939.

Dismissed in limine for want of jurisdiction.Order dated; 4-10-1992.


833. S.P.No.10/I/1992Roshan Din Roshan Vs.

The State

Provident Fund Act,1925

Disposed of on 10.8.1992, as the said provisions alongwith the said Rules be brought in conformity with the Injunctions of Islam in the light of our observations made at para 21, by 31st December,1992.

Appeal has filed. pending

834. Sh.P.No.10/L/1992Abdul Ghafoor and

otherVs

The Manager ADPB

Challenged Section 8(2) of the Banking Companies (Recovery of Loans) Ordinance, 1979.Sections 79 and 80 of the Negotiable Instruments Act, 1881.Sections 34, 34-A and 34-B of C.P.C.The Interest Act, 1839.These sections are regarding bank Interest.

Dismissed in limine.The Court has already been declared these sections as repugnant to Injunction of Islam in PLD 1992 FSC-1. Order dated: 29-4-1992.



UsmanVs


ChallengedRepresentation of the Peoples Act, 1976.Electoral Act, 1974.Cr.Law (Second Amendment) Ordinance, 1991.Zakat and UShr Ordinance, 1980.Income-Tax, Sales Tax, Excise Duty, Custom etc.Provisions of Laws regarding Expenditure.

Returned.The Petitioner has not adopted proper procedure.Approved on note portion of the file dated 23-9-1992.


156

Provisions of Laws regarding Population Welfare, Foreign Affairs, Defence and Administration of Justice.

836. S.P.No.11/I/1992Maulana Noor Ahmad


Section 28 of the Punjab Pre-emption Act,1991

Dismissed in limine on 19.10.1992 on the ground that the grievance of the petitioner seems to be that the law does not determine the market value.


837. Sh.P.No.11/L/1992Hasham Ali Awan

VsThe ADPB

Petitioner has challenged a legal notice issued by the Bank for recovery of interest (Riba) amount form the petitioner.

Petition has been returned to petitioner.The Court has declared that he has not challenged any provision of law and the petition is not falls short of the requirement. Order dated: 4-10-1992.


838. Sh.P.No.11/K/1992Mrs. Najma Khatoon

VsThe Government of

Sindh

Prayed for declaration 1. Ground rent 2. Interest on ground rent 3. Non Utilization fee as Un-Islamic.

Dismissed.Not challenged any law to be repugnant to the Injunctions of Islam in the petition.Order dated; 19-12-1993.



Khaki Vs.


C.D.A Land Disposal in Islamabad regulation 1985

Dismissed on 17.10.1993 as not pressed.


840. Sh.P.No.12/L/1992Din Muhammad and

othersVs

Administrator Thal Development Authority

and others The Government of Pakistan

This petition has been filed against 51 respondent No.2 names of the rest respondents has struck of and the Court do not grant any relief against individual or any institution.

Dismissed as withdrawn.On the request of petitioner the petition is dismissed.Order dated: 7-10-1992


841. Sh.P.No.12/K/1992Pakistan National

Workers etcVs

The Government of Pakistan etc

Challenged Section 14 of Finance Act, 1990 and Government notification dated 1-7-1992 is not in consonance with the Islamic Injunctions.

Dismissed.The Court has not found that Challenged Section 14 of Finance Act, 1990 and Government notification dated 1-7-1992 is in consonance with the Islamic Injunctions.Judgment dated; 6-5-2009.


842. S.P.No.13/I/1992Muhammad Ayub Khalid


Rule 16(1) of Government Servants (Conduct) Rules,1964

Dismissed in limine on 4.10.1992 Appeal has not filed.

843. Sh.P.No.13/L/1992Muhammad Shoail

VsThe ADPB.

Challenged Section 8(2) and 9 of Banking Companies Recovery of Loan Ordinance, 1979 against the Injunction of Islam and Holy Quran and Sunnah.

Disposed of.In first prayer, the Court has already been declared these sections as repugnant to Injunction of Islam in PLD 1992 FSC-1. In second prayer, the Court has no power to grant the Injection as provided under Article 203H (3) of the constitution of Pakistan, 1973. Order dated: 4-10-1992.



Workers etcVs

Challenged Sub Clause 5 of the standing Order 15 of Industrial Commercial employees

Disposed of as withdrawn. The Court has already been examined the same matter in Sh.P.No.4/I/1989.


157


(Standing Orders) Ordinance 1968 and sub section 5 of section 15 of Road Transport workers Ordinance, 1961. (Relating the subsistence allowance paid to the worker during the period of his suspension).

Order dated; 19-10-1992

845. S.P.No.14/I/1992Qazi Mazhar-ul-Haq Vs. Federation of Pakistan

Land Acquisition Act,1894

Dismissed on 3.5.1992, as having been infructuous, as the points urged in this petition have already been decided by this Court in S.S.M.No.14-P-1983,vide judgment dated 30.4.1992.



Workers etcVs


Challenged section 14 of the Industrial Relation Ordinance, 1969. (Agricultural Worker has not been included which is against the Injunctions of Islam.

Dismissed.The Said Ordinance has already been examined by this Court by decision as reported in PLJ 1984-FSC-164 and nothing has been found against the Injunctions of Islam.Order dated; 12-11-1992.


847. S.P.No.15/I/1992Mian Mumtaz Rafee Vs. Federal Government of

Pakistan

Sec.25 of the Negotiable Instrument Act,1881

Dismissed in limine on 4.5.1992 Appeal filed in the Hon’ble Supreme Court of Pakistan, Disposed of 4.6.1998.

848. Sh.P.No.15/K/1992Syed Rehan Shahid


Section 5 of the Offences in respect of Banks (Special Courts) Ordinance, 1984(IX of 1984).

Dismissed for non-prosecution.Order dated 17-11-1998.


849. S.P.No.16/I/1992M/s Atif Flour Mills


Section 41 of the IDBP Ordinance,1961

Dismissed on 1-7-1992, as this court has already been decided that section 41 of the Ordinance, vide judgment delivered in S.P.no.119-I-1991 and S.P.No.23-I-1992 dt.23.6.1992.


850. Sh.P.No.16/L/1992M/s Shahid Sewing

MachineVs


The petitioner has requested through petition that he had taken loan of an Rs.20, 000/- from the United Bank Limited and has repaid Rs.44, 000/- , more than the double. Still the Bank is claiming Rs. 80,000/- from him.

Dismissed.4.10.1992The petitioner raises and issue of personal nature and not maintainable.


851. S.P.No.17/I/1992Ghulam Ahmad Awan

Maibal Vs. Govt. of Pakistan

Challenged Muslim Family Laws Ordinance,1961

Dismissed on 3.5.1992 as not maintainable, as this Court has no jurisdiction to examine any provision of Family laws Ordinance as provided under Article 203-B© of the Constitution.


852. Sh.P.No.17/L/1992Muhammad Asghar

QureshiVs



Dismissed in limine.In first prayer, the Court has already been declared these sections as repugnant to Injunction of Islam in PLD 1992 FSC-1. In second prayer, the Court has no power to grand the Injection


158

as provided under Article 203H (3) of the constitution of Pakistan, 1973. Order dated: 23.6.1992.

853. S.P.No.18/I/1992Mumtaz Begum


Personal grievance Dismissed in limine on 21.10.1992, being fund any point worth consideration in the petition.




Pakistan

Challenged section 59(2) of the Co-operative Societies Act, 1925 of regarding loan.

Disposed of.The Court has already declared the section 59(2) of the Co-operative Societies as injunction of Islam as laid down in the Holy Quran and Sunnah of the Holy Prophet in PLJ 1992 page 153. (Dr. Mehmood ur Rehman Faisal Vs Ministry of Law.Order dated: 4-10-1992.


855. S.P.No.19/I/1992Ghulam Haider Khan

etc. Vs. Govt. of the Punjab

Punjab Tenancy (Act) (XVI) 1987 XXV 1925.

Dismissed on 23.1.2008,restore on 6.7.2010.


856. Sh.P.No.19/L/1992M/s Lucky Industries



Disposed of.In first prayer, the Court has already been declared these sections as repugnant to Injunction of Islam in PLD 1992 FSC-1. In second prayer, the Court has no power to grand the Injection as provided under Article 203H (3) of the constitution of Pakistan, 1973. Order dated: 4-10-1992.



Rehman Faisal Vs.

Govt. of Pakistan

Sec.22 of Civil Servants Act (LXXI) of 1973 and Rules 4(1) (d) (ii) 5,7 and 8(1) of Civil Servants (Appeal) rules,1977

Dismissed in limine on 4.10.1992, without any merit. It has been held by the Court that the provision of law, as challenged before the court, falls within the ambit of procedural law. This court has no jurisdiction to examine such a law as barred under Article 203-B© of the Constitution of Pakistan, 1973.


858. Sh.P.No.20/L/1992Fazal-e-Razzaq






Rehman Faisal Vs.

Govt. of Pakistan

Challenged Section 4(1) of the Service Tribunals Act (LXX) of 1973



860. Sh.P.No.21/L/1992Muhammad Yousaf

Rule 17 of ADPB Rules 1961.

Disposed of.The Court has already been


159

VsADPB etc

Regarding Interest. declared the section Rule 17 of Agricultural Development bank of Pakistan as injunction of Islam by its judgment dated 14-11-1991 in case reported in PLJ 1992 page 153. (Dr. Mehmood ur Rehman Faisal Vs Ministry of Law, Justice and Parliamentary Affairs, Government of Pakistan.Order dated: 4-10-1992.

861. S.P.No.22/I/1992Abdullah Sani


Law and Justice Islamabad

L/WRev.S.P.No.22/I/1992

Challenged Copy Right Ordinance XXXIC of 1962

Disposed of on 4.10.1992 as the said Ordinance has already been examined by a Full Bench of this court vide judgment dated 7.7.1983


862. Sh.P.No.22/L/1992Mrs. Khurshid Begum

VsHBFC etc

L/WSh.P.No.27/L/1992

Challenged Sections 4(20, 21(2), 24(6) & (8) and 28(3) of the Hose Building Finance Corporation Act, XVIII of 1952. Regarding interest.

Disposed of.The Federal Shariat Court has already been examined the provisions of HBFC Act, 1952 which had not been taken in consideration in the judgment of this Court reported as PLD 1992 FSC 1. After that the Shariat Appellate Bench of the Supreme Court of Pakistan has been decided this petition in PLD 2000 SC 762. The grievance of petitioner stands redressed after the said amendment and substitution.Order dated: 18-9-2007.

Appeal has not filed in Supreme Court of Pakistan

863. S.P.No.23/I/1992Mian Fazal Ellahi

Farooqi Vs.


Challenged Section 41 of IDBP Ordinance 1961

Dismissed on 23.6.1992 having found with any substance



Farooqi Vs.


Section 8 of the Banking Companies (Recovery of Loans) Ordinance, 1979

Dismissed in limine on 23.6.1992 as having been infructuous


865. Sh.P.No.24/L/1992Muhammad Azhar

Javed RanaVs

UBL etc





Farooqi Vs.


Order 37 Rule 2 (a) of CPC

Dismissed in limine on 23.6.1992 as having beeninfructuous


867. Sh.P.No.25/L/1992Ghulam Abbas

VsUsman etc.

Section 3 of Limitation Act, 1908 praying that the above Section of law as being repugnant to the Injunctions of

Dismissed.Involve point has already discussed by us in Shariat petition No.16/L of 1991 Noor Muhammad and another Vs

Appeal filed in the Hon’ble Supreme Court of Pakistan and dismissed on

160

Islam. Usman and another.Order dated: 19-10-1992.

dated 26-11-1990.

868. S.P.No.26/I/1992Abdul Salam


Section 11 of the Contract Act, 1873

Dismissed in liminie on 26.6.1992.


869. Sh.P.No.26/L/1992Nawab Masroor Ali

KhanVs

Government of Punjab

Challenged Section 18-A of Punjab Agricultural Development and Supplies Corporation 1973, added by Punjab Agricultural Development and Supplies Corporation (Amendment) Ordinance, 1975. (Regarding Interest).

Dismissed.Due to personal grievance and non-precaution.24.5.1993


870. Sh.P.No.27/L/1992Mst. Sharifan Bibi

anotherVs

HBFC etcL/W

Sh.P.No.22/L/1992

Challenged Sections 4(20, 21(2), 24(6) & (8) and 28(3) of the Hose Building Finance Corporation Act, XVIII of 1952. Regarding interest.

Disposed of.The Federal Shariat Court has already been examined the provisions of HBFC Act, 1952 which had not been taken in consideration in the judgment of this Court reported as PLD 1992 FSC 1. After that the Shariat Appellate Bench of the Supreme Court of Pakistan has been decided this petition in PLD 2000 SC 762. The grievance of petitioner stands redressed after the said amendment and substitution.Order dated: 18-9-2007.

Appeal not filed in Supreme Court of Pakistan

871. Sh.P.No.28/L/1992Ch. Muhammad Din

VsThe Government of

Pakistan


Dismissed in limine as not maintainable. As provided under Article 203-B(c) of the Constitution our jurisdiction to examine the Muslim Family Laws Ordinance, 1961 is specifically barred. Reliance is also placed in a case titled Federation Versus Farishta (PLD 1981 S.C-120).Order dated 18-10-1992.


872. Sh.P.No.29/L/1992M. Abaid ullah

VsThe Federation of

Pakistan.

Challenged Section 2(23), 2(29), 34, 36 of Sale Tax Act, 1990.Article 2-A and 4 of the Constitution of Pakistan as being repugnant to the Injunctions of Islam.



873. Sh.P.No.29/I/1992Mst.Sakina Bibi etc.

VsThe Government of

Pakistan

Linkedwith

Sh.P.No.43/I/1992

Linkedwith

Sh.P.No.64/I/1992

Linkedwith

The Petitioner has impugned the Martial Law Order No. 425 and 107 and laws and rules made these under on the ground that acquisition of the lands of the petitioners under the said laws by the N.W.F.P. Government is repugnant to Holy Quran and Sunnah of the Holy Prophet (P.B.U.H.).

The appeals have been allowed on 7-5-2008.PLD 2008,FSC Page 17


161

Sh.P.No.67/I/1992874. Sh.P.No.30/I/1992

Faqir Hussain HadiVs


Challenged Section 22 of Civil Servant Act, 1973.Notification No.1 (25) 91-SR-B/Admn dated 6th May, 1992 on the ground of its being repugnant to the Injunctions of Islam.

Dismissed.The Services Review Board which was abolished by Notification No.1 (25)91-SR-B/Admn. I dated 6-5-1992 has been revived by the President by Notification No.1 (25)91-SR-B/Admn. I dated 25-4-1994. Hence the petition has become infructuous.Order dated; 7-5-1994.


875. Sh.P.No.30/L/1992Javed Hussain


Challenged Section 2(23), 2(29), 34, 36 of Sale Tax Act, 1990.Article 2-A and 4 of the Constitution of Pakistan.



876. S.P.No.31/I/1992Dr. M. Aslam Khaki Vs. Govt: of Pakistan and

another

Sections 21 & 34 of the Quaid-e-Azam University Act, 1980



877. Sh.P.no.31/L/1992Mst. Hassan Bibi

VsThe Government of

Pakistan

Challenged Section 122 of Transfer of Property Act, 1882. “Sec.122” “Gift” is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the done, and accepted by or on behalf of the done.

Dismissed in limine.The Section 122 of Said Act, has already been considered by the Full Bench of this Court through public notes and decided on 5 October, 1982 and as such no fresh petition under the said Act is maintainable.Order dated; 18-10-1992.


878. Sh.P.No.32/L/1992Mst. Shaista Bashir etc


& another

Shariat Petition against National Bank of Pakistan.(Regarding Interest).

Dismissed as withdrawn.Because the specific provision of law has not been mention in the petition.Order dated; 12-11-1992


879. S.P.No.32/I/1992Dr. M. Aslam Khaki Vs.

Govt: of the Punjab and another

Linkedwith

S.P.No.33/I/1992Dr. M. Aslam Khaki Vs.

Govt: of Punjab and another

Linkedwith



Linkedwith


Govt: of NWFP and

Sections 23 & 41 of the University of Engr. & Tech. Lahore, Act 1974

Sections 43 & 25 of the Bahauddin Zikria University, Act 1975

Sections 24 & 42 of the University of the Agricultural Faisalabad, Act 1973

Allowed on 16.12.2004. The Court has held that respondent No.1 is directed to suitable amend sections which have been challenged in this petition , so as to incorporate provisions therein that the Voice Chancellor would be debarred from participating in the meeting in the syndicate before which the appeal of an employee of the University challenged his adverse Order passed qua him , is presented for adjudication .It has also been observed that necessary amendments shall be carried out within 6 months i.e. before the 15.6.2005, failing which the impugned provisions would cease to have legal effect , PLD 2005 FSC Page 3

Filed in the Supreme Court,pending

162

another

LinkedwithS.P.No.41/I/1992

Dr. M. Aslam Khaki Vs.Govt: of NWFP and

another

Linkedwith


Govt: of NWFP and another

Linkedwith



Linkedwith


Govt; of Punjab and anothers

Linkedwith


Govt. of NWFP and others

Linkedwith

Sh.P.No.39/L/1992Abdul Rab warsi

VsThe Government of

Pakistan

Sections 39 & 12 of the Gomel University, Act 1974

Sections253 & 14 of the NWFP University of Engg. & Tech. Peshawar Ord. 1980

Sections 35 & 14 of the NWFP University of Agricultural Ord. 1981

Sections 43 & 25 of the University of Punjab Lahore, Act 1973

Sections 42 & 24 of the Islamia University Bahawalpur, Act 1975

Sections 39 & 241 of the University of Peshawar, Act 1974

Challenged Section 22 of Civil Servant Act, 1973.Notification No.1 (25)91-SR-B/Admn dated 6th May, 1992 on the ground of its being repugnant to the Injunctions of Islam.






Linkedw ith S.P.No.41/I/1992

Sections 43 & 25 of the Bahauddin Zikria University, Act 1975

Allowed on 16.12.2004. The Court has held that respondent No.1 is directed to suitable amend sections which have been challenged in this petition , so as to incorporate provisions therein that the Voice Chancellor would be debarred from participating in the meeting in the syndicate before which the appeal of an employee of the University challenged his adverse Order passed qua him , is presented for

Filed in the Supreme Court and pending

163





LinkedwithSh.P.No.39/L/1992

adjudication .It has also been observed that necessary amendments shall be carried out within 6 months i.e. before the 15.6.2005, failing which the impugned provisions would cease to have legal effect PLD 2005 FSC Page 3

881. Sh.P.No.33/L/1992Muhammad Nazeer

AhmedVs


Article 2-A and 4 of the Constitution of Pakistan.The petition has stated that if a Muslim Woman can remove money from the purse of her husband without his permission and she could also slap him whereas the husband could not do so.

Dismissed in limine.Because this Court has no jurisdiction to cover by provisions of Article 203-D of the Constitution of the Islamic Republic of Pakistan. Order dated; 7-2-1993.












Linkedwith

Sh.P.No.39/L/1992

Sections 24 & 42 of the University of the Agricultural Faisalabad, Act 1973.

Allowed on 16.12.2004. The Court has held that respondent No.1 is directed to suitable amend sections which have been challenged in this petition , so as to incorporate provisions therein that the Voice Chancellor would be debarred from participating in the meeting in the syndicate before which the appeal of an employee of the University challenged his adverse Order passed qua him , is presented for adjudication .It has also been observed that necessary amendments shall be carried out within 6 months i.e. before the 15.6.2005, failing which the impugned provisions would cease to have legal effect PLD 2005 FSC Page 3

Filed in the Supreme Court pending.

883. Sh.P.No.35/L/1992Muhammad Shafi

VsADBP etc

Petition against the interest of law of ADPB.

Dismissed.The application is based on personal grievance and the Court has no jurisdiction to grant any relief which is personal nature.Order dated; 30-11-1993


884. S.P.No.35/I/1992Dr.M.Aslam Khaki Vs

Govt. of Sindh etcLinkedwith

S.P.No.36/I/1992Linkedwith



S.P.No.39/I/1992

Sections 22 & 40 of the University of Karachi Act 1972

Dismissed as withdrawn on 18.12.1995 as the requisite amendment has been made in the Sindh Service Tribunal Act 1995,


885. S.P.No.36/I/1992Dr. M. Aslam Khaki Vs

Sections 36 & 15 of the Sindh Agriculture

Dismissed as withdrawn on 18.12.1995 as the requisite


164

Govt. of Sindh and another





University Tando-jam Act 1977

amendment has been made in the Sindh Service Tribunal Act 1995







Sections 36 & 15 of the NED University of Engg. and Tech. Karachi Act 1977

Dismissed as withdrawn on 18.12.1995 as the requisite amendment has been made in the Sindh Service Tribunal Act 1995








Sections 40 & 22 of the University of Sindh Jamsharo Act, 1972



888. Sh.P.No.38/L/1992Muhammad Rasheed

RashidVs


Challenged Rules, 16, 17, 18, 18-A and 19 of the Revised Leave Rules 1980 (as amended up-to-dated issued by finance department of the federal Government are voilative of the injunctions of the Holy Quran and Sunnah.

Disposed of.The court has declared that the Court say that Rules, 16, 17, 18, 18-A and 19 of the Revised Leave Rules 1980 are good and are not oppressive. They may be bad. Unjust or oppressive but the proper forum to assail them is not this Court aw they do not violate any Injunctions of Islam and therefore they may be challenged before the competent authority, a service tribunal, a civil Court or even before High Court under this Jurisdiction.Judgment dated; 26-5-2009. PLJ 2009 FSC Page 291


889. Sh.P.No.39/L/1992Abdul Rab warsi

VsThe Government of

Pakistan

Challenged Section 22 of Civil Servant Act, 1973.Notification No.1 (25)91-SR-B/Admn dated 6th May, 1992 on the ground of its being repugnant to the Injunctions of Islam.

Dismissed.The Services Review Board which was abolished by Notification No.1 (25)91-SR-B/Admn. I dated 6-5-1992 has been revived by the President by Notification No.1 (25)91-SR-B/Admn. I dated 25-4-1994. Hence the petition has become infructuous.Order dated; 7-5-1994.


890. S.P.No.39/I/1992Dr. M. Aslam Khaki Vs Govt. of Sindh and an

anotherLinkedwith

S.P.No.35/I/1992

Section36 & 15 of the Mehran University of Engg. & The. Nawabshah Act, 1977



165















Sections 39 & 12 of the Gomel University, Act 1974


Filed in the Supreme Court Pending












Sections253 & 14 of the NWFP University of Engg. & Tech. Peshawar Ord. 1980





Linkedwith S.P.No.32/I/1992





LinkedwithS.P.No.49-I-1992

Sections 35 & 14 of the NWFP University of Agricultural Ord. 1981

Allowed on 16.12.2004. The Court has held that respondent No.1 is directed to suitable amend sections which have been challenged in this petition , so as to in corporate provisions therein that the Voice Chancellor would be debarred from participating in the meeting in the syndicate before which the appeal of an employee of the University challenged his adverse Order passed qua him , is presented for adjudication .It has also been observed that necessary amendments shall be


166




carried out within 6 months i.e. before the 15.6.2005, failing which the impugned provisions would cease to have legal effect PLD 2005 FSC Page 3

894. Sh.P.No.41/L/1992M/s. Safdar Cotton

GinnersVs


Section 25(12) B of National Bank of Pakistan, Ordinance 1949 and that of Banking Tribunal Act 1984.(Relating Interest/Markup/ Liquidated Charges).

Dismissed.The Court has already been adjudicated upon in our judgment reported in PLD 1992 FSC 1 which is under appeal before Shariat Appellate Bench of supreme Court of Pakistan.Order dated; 3-12-1995.


895. Sh.P.No.42/L/1992Ghulam Haider

VsProvince of Punjab

Provision of Sub-section (b) and (c) and proviso to the extent of transaction past and closed of Section 2-A of Muslim Personal Law Shariat Application Act, 1948 are against Injunctions of Islam.

Dismissed in limine.The Court has no jurisdiction to examine the Provisions Muslim Personal law. Order dated; 7-2-1993.


896. Sh.P.No.43/L/1992Hussain Baksh

VsThe Government of

Pakistan


Dismissed in limine as not maintainable. As provided under Article 203-B(c) of the Constitution our jurisdiction to examine the Muslim Family Lawss Ordinance, 1961 is specifically barred. Reliance is also placed in a case titled Federation Versus Farishta (PLD 1981 S.C-120)Order dated; 7-2-1993.


897. S.P.No.44/I/1992Hamad Ullah Khan Vs.

Govt. of Pakistan

President’s Order No.3 of 1982 Foreign Currency Loans (Rate of Exchange) Ord.1982

Dismissed as withdrawn on 6.6.2000, as the matter has been settled between the parties.


898. S.P.No.45/I/1992Rana Abdul Qadir and

another Vs.

Govt. of Pakistan

Sections 79 & 80 of the Negotiable Instruments Act 1881

Disposed of on 4.10.1992, as this court has already given its decision on 14.11.1991 whereby the said provisions of law have been declared as repugnant to the Injunctions of Islam (PLJ 1992 153)


899. S.P.No.46/I/1992Rana Abdul Qadir Vs.

Small Business Finance Corporation

Sections 34-A and 34B of the Civil Procedure Code, 1908.

Disposed of on 4.10.1992, as this court has already given its decision on 14.11.1991 whereby the said provisions of law have been declared as repugnant to the Injunctions of Islam (PLJ1992 153)


900. S.P.No.47/I/1992Muhammad Iqbal Khan

Nazi Vs.


Rules 4(1) (2)(a)(b)(c), Rule 3 and Rule 8 (5) issued by the Federal Public Service Commission may be declared as repugnant to the Injunctions of Quran and Sunnah

Withdrawn on 24.5.1993 to file a fresh petition.


901. S.P.No.48/I/1992Dr.M.Aslam Khaki Vs.


Sections 38 & 19 of the International Islamic University Ordinance,



167

and another 1985902. S.P.No.49/I/1992

Dr. M. Aslam Khaki Vs.Govt: of Punjab and

anotherLinkedwith




S.P.No.40/I/1992Linkedw ith





Sh.P.No.39/L/1992

Sections 43 & 25 of the University of Punjab Lahore, Act 1973


Filed in the Supreme Court


Govt; of Punjab and anothers

Linkedwith S.P.No.32/I/1992

LinkedwithS.P.No.33-I-1992








Sections 42 & 24 of the Islamia University Bahawalpur, Act 1975




Govt. of NWFP and others









Sections 39 & 241 of the University of Peshawar, Act 1974

Allowed on 16.12.2004. The Court has held that respondent No.1 is directed to suitable amend sections which have been challenged in this petition , so as to incorporate provisions therein that the Voice Chancellor would be debarred from participating in the meeting in the syndicate before which the appeal of an employee of the University challenged his adverse Order passed qua him , is presented for adjudication .It has also been observed that necessary amendments shall be carried out within 6 months i.e. before the 15.6.2005, failing which the impugned provisions would cease to have legal effect . PLD


168


2005 FSC Page 3

905. S.P.No.53/I/1992Mst.Raj Bibi etc.


Pakistan

Personal grievance Dismissed in limine on 4.10.1992. The matter relating to legitimacy of children and presumption attached to it under Islamic Law falls within the domain of Muslim personal Law and as such is out side the ambit of this court


906. S.P.No.54/I/1992Mahroze etc

Vs.Govt. of NWFP and

another’s

Paragraph No.650 of “Rewaj-nama Swat”

Dismissed in limine on 24.5.1993 being misconceived and without merit.


907. S.P.No.55/I/1992Mst. Hameed Begum

Vs. ADBP etc

Section 8(2) , (9) of the Banking Companies (Recovery of Loans) Ord: XIX 1979

Dismissed inlimine on 19.10.1992 as this court has already examined the said provision of law vide judgment reported in PLJ 1992 FSC 153


908. S.P.No.56/I/1992Ghulam Murtaza

Vs. ADBP etc

Section 8(2) of the Banking Companies (Recovery of Loans) Ord: 1979

Dismissed inlimine on 19.10.1992 as this court has already examined the said provision of law vide judgment reported in PLJ 1992 FSC 153


909. S.P.No.57/I/1992Rehmat Khan


etc

Section 4 of Muslim Family Laws Order, 1961

Dismissed inlimine on 19.10.1992 being misconceived for want of jurisdiction


910. S.P.No.60/I/1992Muhammad Tayyab Vs. Federation of Pakistan

Section 10 of the Patent and Design Act, 1911

Disposed of on 30.11.2000 having been found without substance and mis-conceived


911. S.P.No.61/I/1992 Along with

Shariat misc. Application

No.10/I/1998Dr.Muhammad Aslam

Khaki Vs.


L/WS.P.No.62/I/1992 A.WSh.Misc.Appl1-I-1998Dr.Muhammad Aslam

Khaki Vs. Federation of Pakistan

L/W S.P.No.12/I/1999

L/w S.P.No.4/I./2004

Rules 307,314 of Chapter 13 entitled Women prisoners and Children, Rules 935,939 of Chapter 39 entitled, Superintendent, Rules 1002 of Chapter 41 entitled Deputy Superintendent, Rules 1180, 1181 of Chapter 46 entitled lady Superintendents and Women Warders, Rules 1004 of Chapter 41 entitled Deputy Superintendent.

Dismissed on 28.8.2009. The ground realities show that the appreciations are not genuine. PLD 2010 FSC Page 1


912. S.P.No.62/I/1992 A.WSh.Misc.Appl1-I-1998Dr.Muhammad Aslam

Khaki Vs. Federation of Pakistan

Rules 225, 242, 243, 244, 45,248,249 of Chapter 9 entitled. The Classification and Separation of Prisoners. Rules 250,252,253,254,255,256,257,261,262,263,264,266,267 of Chapter 10 entitled Superior

Dismissed on 28.8.2009. No injunction of Islam was shown to have been violated if a prisoner on transfer instead of travelling free in the lower class opts to travel in a batter class by paying the difference in the fare from his own pocket. PLD 2010 FSC Page 1


169

Class Prisoners, Rules 180, 181, Chapter 7 entitled: General Rules Relating to Prison Officers. Section 30(2) Prisons Act, 1894 and Rules 624(f), 633 of Chapter 25 entitled: Prisoners in cells.

913. S.P.No.63/I/1992Rani Ambreen

Vs. Chief Minister of Sindh

Reserved seats of Chief Minister of Sindh for admission in Medical College of Sindh

Dismissed on 19.12.1993 being incompetent. However, in the petition the petitioner have shown her personal grievance which cannot be agitated


914. S.P.No.65/I/1992Dr.Mehmood ur

Rehman Faisal Vs. Govt of Pakistan

Sh.P.No.5/I/1989 Linked with

Raja Abdul RazzaqVs






Polictial parties act 1962 with political rules 1986.



915. S.P.No.66/I/1992Shujaat Ali Baghdadi

Vs. Wapda through its

Chairman

Section 17(1A) of Wapda Act 1958

Allowed on 17.1.1994 to the extent that the removal of employees under section 17(1a) OF Wapda Act 1958, without giving any show cause notice to the employees is declared to be against the Injunctions of Islam. Necessary amendments to be made in law within4 months.





916. Rev. S.P.No.01–I/1993Dr. Mehmood-ur-

Rehman Faisal Vs.

Govt. of Pakistan

Review against the judgment dated 1.9.1983 in SS. No.240/83 challenging Section 5(1) of the Extradition Act, 1972 (regarding apply in relation to return of a person to, and to persons return from) being repugnant to injunctions of Islam

Dismissed on 25.5.1993 having barred by time.


917. S.P.No.01/I/1993Mst. Sardaran etc. Vs.

Govt. of NWFP

Provincially Administrated Tribal Areas, Civil Procedure (Special Provisions) Regulation No.11 of

Dismissed in limine being incompetent on 25.5.1993 as the Court is not competent to examine procedural or regulation.

Appeal not filed

170

1975 challenged being repugnant to injunctions of Islam

918. Sh.P.No.1/L/1993Muhammad Sharif


Linked WithSh.P.No.1/P/1996


Section 49 of Punjab Land Revenue Act Mining Concession Rules 1986, Rules 32 of Punjab Minor Minerals Rules, 1990 challenged being repugnant to injunctions of Islam.

Dismissed on merit as observed by Hon’ble Court that petitioner has come out with his personal grievance & therefore his petition does not fall within the ambit of section vide court order dated 23.1.2008.

Appeal not field

919. S.P.No.2 /L/1993Din Muhammad &

others Vs.

Administrator Thar Development Authority

Section 48 of Transfer of Property Act, 1882 challenged being repugnant to injunctions of Islam.

Petition was dismissed vide Court order dated 26.5.1993 with observation that Hon’ble Court has already considered points involved in this petition and found that the same were not repugnant to the injunctions of Islam vide Court judgment dated 5.10.1982

Appeal not filed


Rehman Faisal Vs.


challenged judgment dated 12.10.1983 passed in Islamisation of law public notice No.6(1983) regarding of Court Act, 1976 being repugnant to injunctions of Islam

Dismissed being time-barred on 26.5.1993.

Appeal not filed

921. S.P.No.03–I/1993Haji Abdul Wahab Khan Vs. Islamic Republic of

Pakistan

Article 10 & 120 of the 1st Schedule of Limitation Act, 1908 regarding section 31 of NWFP Pre emption Act, 1987 challenged being repugnant to injunctions of Islam

Dismissed in limine on 25.5.1993 as the Court has already ordered for amendment in the law of Province of NWFP.

Appeal not filed

922. S.P.No.03/L/1993Rubina Shehzadi Vs.

Managing Direct PIAC etc.

Administrator Order No.59 of 1982 issued by PIA challenged being repugnant to injunctions of Islam

Disposed of as withdrawn 23.11.1994

Appeal not filed

923. S.P.No.04/I/1993Col. Retd Muhammad

Akram Vs. Fed: of Pakistan


Sections 133 (A) (b) of Pakistan Army Act, 1952 regarding adjudication by Martial Law Courts challenged being repugnant to injunctions of Islam

Allowed on 2.9.2008 with observation that non supply of copy of judgment, deposition & other record of the case to the convict person would tantamount to denial of justice to him as he will not be in position to furnish ground to assail his conviction as right of appeal is substantive right, the denial of copy of judgment and of hearing in appeal would amount to denial of substantive right resulting ito justice on touchstone of the Quran and Sunnah of the Holy Prophet (P.B.U.H) SD 2009 Page 321 ,PLJ 2010 FSC Page 291

Appeal in filed in Supreme Court of Pakistan Pending

924. S.P.No.04/L/1993Muhammad Nawaz Vs.

Govt. of Pakistan

Section 54 of Cooperative Housing Societies Act, 1925challenged being repugnant to injunctions of Islam

Disposed of as withdrawn 26.05.1994


171


UsmanVs


Challenged Article 6(2) of the Electoral Roll Act, 1974.

Dismissed because the Court has no jurisdiction to here this petition.Order dated; 22-7-1993



Rehman Faisal Vs.

Govt. of Pakistan

Articles 1,14 &18 of Extradition Treaty dated 22.12.1931 challenged being repugnant to injunctions of Islam

Dismissed in limine on 25.5.1993 being not maintainable as this Court is not competent to examine the treaties and agreements.

Appeal not filed

927. S.P.No.05/L/1993Saleem Raza

Vs. ADBP etc.

Banking Companies Rules, 1980 regarding demanding of interest challenged being repugnant to injunctions of Islam.

Petition returned on 8.7./1993 being not with the consonance of F.S.C Rules, 1981

Appeal not filed

928. S.P.No.06/I/1993Muhammad Ismail Vs.

Province NWFPL/W

S.P No.07-I/1993L/W

S.P No.08-I/1993L/W

S.P No.09-I/1993L/W

S.P No.10-I/1993L/W

S.P No.11-I/1993L/W

S.P No.12-I/1993L/W

S.P No.13-I/1993L/W

S.P No.15-I/1993L/W

S.P No.16-I/1993L/W

S.P No.17-I/1993L/W

S.P No.18-I/1993L/W

S.P No.21-I/1993L/W

S.P No.22-I/1993L/W

S.P No.23-I/1993L/W

S.P No.24-I/1993

Section 4(15), 567 & 11 of Punjab Tenancy Act, 1987, Hazara Tenancy Regulation, 1987, NWFP Tenancy (Fixation of Compensation to the Landlords) Rule, 1981, section 4 & 4(a) of NWFP Tenancy Act, 1992, NWFP Abolition of Jagirs Act, 1952 challenged being repugnant to injunctions of Islam

Petition was dismissed linked with other petitions on 06.7.1998 as the petitioner as unable to quote any Quranic verse or traditions of Holy Prophet (PBUH) to show that enactment of section 4 is against the injunctions of Islam.

The Appeal has been filed and has been dismissed for non prosecution on 18-10-2004

929. S.P.No.06/L/1993Haji Muhammad Amin

Vs. Secretary Law & Justice etc.

L/WS.P.No.08/L/1993

L/WS.P.No.36/L/1992

L/WS.P.No.37/L/1992

L/WS.P.No.58/I/1992

L/WS.P.No.10/L/1993

L/WS.P.No.07/L/1993

L/W

Section 5 of Bonded Labour System (Abolition) Act, 1992 challenged being repugnant to injunctions of Islam.

Dismissed being not maintainable as well as on merit vide judgment dated 10.10.2005. The Hon’ble Court held that impugned definitions in sections 2, Bonded Labour System (Abolition) Act, 1992 ie. Advance (Peshgi) Bonded Debt, Bonded Labour, Bonded Labourer and bonded labour system were not violate of Islamic injunctions on the subject likewise sections 5,6,7,8 & 11 of the Act were not repugnant to the injunctions of Islam as said provisions have been incorporated therein with the object of abolition of bonded

Appeal filed in the Hon’ble Supreme Court of Pakistan and pending.

172

S.P.No.09/L/1993 labour in all its forums and manifestations. Hon’ble Court has observed that the object for which the Labour System (Abolition) Act, 1992 was passed could not be achieved so far. In Islam a workman is not entitled to anything until his work be finished. Forced labour is repugnant to Islam in extreme vide PLD 2006 FSC 1

930. S.P.No.07/I/1993Muhammad Yakoob Vs.

Province of NWFP


The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998


931. S.P.No.07/L/1993Mian Muhammad

Akram Vs.

Secretary Law & Justice etc.

Section 5 of Bonded Labour System (Abolition) Act, 1992 challenged being repugnant to injunctions of Islam

Dismissed being not maintainable as well as on merit vide judgment dated 10.10.2005. The Hon’ble Court held that impugned definitions in sections 2, Bonded Labour System (Abolition) Act, 1992 ie. Advance (Peshgi) Bonded Debt, Bonded Labour, Bonded Labourer and bonded labour system were not violate of Islamic injunctions on the subject likewise sections 5,6,7,8 & 11 of the Act were not repugnant to the injunctions of Islam as said provisions have been incorporated therein with the object of abolition of bonded labor in all its forums and manifestations. Hon’ble Court has observed that the object for which the Labour System (Abolition) Act, 1992 was passed could not be achieved so far. In Islam a workman is not entitled to anything until his work be finished. Forced labour is repugnant to Islam in extreme vide PLD 2006 FSC 1

Appeal filed in the Hon’ble Supreme Court of Pakistan

932. S.P.No.08/I/1993Qari Abdul Hameed Vs.

Province of NWFP

Section 4(15), 567 & 11 of Punjab Tenancy Act, 1987, Hazara Tenancy Regulation, 1987, NWFP Tenancy (Fixation of Compensation to the Landlords) Rule, 1981, section 4 & 4(a) of NWFP Tenancy Act, 1992, NWFP Abolition of Jagirs Act, 1952 challenged being repugnant to



173

injunctions of Islam933. S.P.No.08/L/1993

Syed Shabbir Hussain & others Vs.


Section 2(b)(c)(c)(d)(e) of Bonded Labour System (Abolition) Act, 1992 challenged being repugnant to injunctions of Islam

Dismissed being not maintainable as well as on merit vide judgment dated 10.10.2005. The Hon’ble Court held that impugned definitions in sections 2, Bonded Labour System (Abolition) Act, 1992 ie. Advance (Peshgi) Bonded Debt, Bonded Labour, Bonded Labourer and bonded labour system were not violate of Islamic injunctions on the subject likewise sections 5,6,7,8 & 11 of the Act were not repugnant to the injunctions of Islam as said provisions have been incorporated therein with the object of abolition of bonded labour in all its forums and manifestations. Hon’ble Court has observed that the object for which the Labour System (Abolition) Act, 1992 was passed could not be achieved so far. In Islam a workman is not entitled to anything until his work be finished. Forced labour is repugnant to Islam in extreme vide PLD 2006 FSC 1



UsmanVs


Challenged Clause 2(iv) of Representation of the People Act, 1936.

Dismissed.The Court has already been discussed this Point vide this Court Judgments dated 1-9-1983 in Sh.P.No.41/L/79 B-Z-Kaikaus Vs Federal Government of Pakistan and 13/L/88 Muhammad Salahuddin Vs Government of Pakistan and the Court has not found the point against the Injunctions of Islam.Order dated; 22-7-1993.


935. S.P.No.09/I/1993Muhammad Jan

Vs. Province of NWFP etc.




936. S.P.No.09/L/1993Gulfraz Ahmed



Dismissed being not maintainable as well as on merit vide judgment dated 10.10.2005. The Hon’ble Court held that impugned definitions in sections 2, Bonded Labour System (Abolition) Act, 1992 ie. Advance (Peshgi) Bonded Debt, Bonded Labour, Bonded Labourer and bonded labour system were not violate of Islamic injunctions on the subject likewise sections


174

5,6,7,8 & 11 of the Act were not repugnant to the injunctions of Islam as said provisions have been incorporated therein with the object of abolition of bonded labour in all its forums and manifestations. Hon’ble Court has observed that the object for which the Labour System (Abolition) Act, 1992 was passed could not be achieved so far. In Islam a workman is not entitled to anything until his work be finished. Forced labour is repugnant to Islam in extreme vide PLD 2006 FSC 1


UsmanVs


Challenged Clause 45, Chapter 9 of Representation of the People Act, 1976.

Dismissed.The Court has already been discussed this Point vide this Court Judgments dated 1-9-1983 in Sh.P.No.41/L/79 B-Z-Kaikaus Vs Federal Government of Pakistan and 13/L/88 Muhammad Salahuddin Vs Government of Pakistan and the Court has not found the point against the Injunctions of Islam.Order dated; 22-7-1993.


938. S.P.No.10/I/1993Sardar Mawali

Vs. Province of Punjab etc.

Different provisions of law relating to occupancy, tenants and Landlord in NWFP challenged being repugnant to injunctions of Islam



939. S.P.No.10/L/1993Haji Muhammad Aslam

etc. Vs.

Secretary Law & Justice etc.


Dismissed being not maintainable as well as on merit vide judgment dated 10.10.2005. The Hon’ble Court held that impugned definitions in sections 2, Bonded Labour System (Abolition) Act, 1992 ie. Advance (Peshgi) Bonded Debt, Bonded Labour, Bonded Laborer and bonded labour system were not violate of Islamic injunctions on the subject likewise sections 5,6,7,8 & 11 of the Act were not repugnant to the injunctions of Islam as said provisions have been incorporated therein with the object of abolition of bonded labour in all its forums and manifestations. Hon’ble Court has observed that the object for which the Labour System (Abolition) Act, 1992 was passed could not be achieved so far. In Islam a workman is not entitled to any thing until his work be finished. Forced labour is repugnant to Islam in extreme vide PLD 2006 FSC 1



UsmanVs

The Government of

Challenged Clause 47, Chapter (V-A) of Representation of the People Act, 1976.

Dismissed.The Court has already been discussed this Point vide this Court Judgments dated 1-9-1983 in Sh.P.No.41/L/79 B-Z-Kaikaus


175

Pakistan Vs Federal Government of Pakistan and 13/L/88 Muhammad Salahuddin Vs Government of Pakistan and the Court has not found the point against the Injunctions of Islam.Order dated; 22-7-1993.

941. S.P.No.11/I/1993Ibrahim





942. Sh.P.No.11/L/1993Muhammad Boota Vs.


Section 50(a) of Cooperative Societies Act, 1925 challenged being repugnant to injunctions of Islam.

The petition was dismissed being misconceived vide order dated 30.11.1993 as the provision of law challenged, had already been dealt with by this Court in PLD 1992 FSC 1.

Appeal has not filed in the Hon’ble Supreme Court of Pakistan

943. S.P.No.12/I/1993Khan Wali

Vs. Province of NWFP




944. Sh.P.No.12/L/1993Muzaffar Abbas

WaraichVs.

ADBP Arifwala etc.

Personal grievance regarding elimination of Riba challenged being repugnant to injunctions of Islam

The petition pertains to personal grievance which is not maintainable and dismissed accordingly vide Court order 30.11.1993.

Appeal has not filed in the Hon’ble Supreme Court of Pakistan


UsmanVs


Challenged Pakistan Army Act, 1952 and defence of Pakistan Ordinance, 1971.



946. S.P.No.13/I/1993Ahmedji Muqadam Vs.

Province of NWFP

Section 4(15), 567 & 11 of Punjab Tenancy Act, 1987, Hazara Tenancy Regulation, 1987, NWFP Tenancy (Fixation of Compensation to the Landlords) Rule, 1981, section 4 & 4(a) of NWFP Tenancy Act, 1992, NWFP Abolition of Jagirs Act, 1952 challenged being repugnant to


Appeal not filed

176

injunctions of Islam947. Sh.P.No.13/K/1993

Malik Muhammad Usman

VsThe Government of

Pakistan

Challenged Income Tax Ordinance, 1979.

Disposed of as withdrawn.The Court has already been examined and dismissed the matter in Sh.P.No.11/L/90.Order dated 21-7-1993.


948. S.P.No.13/L/1993Abdul Ghafoor & others


Pakistan & others


Petition was allowed vide Court judgment dated 5.7.2000. The Hon’ble Court held that provision contained in section 4 of Muslim Family Law Ord, 1961 at presently enforced is repugnant to injunctions of Islam. Section 7 (3),(5) of Muslim Family Law Ord, 1961 are also repugnant to injunctions of Islam. Section 5 of Muslim Family Law Ord., 1961 does not invalidate marriage/nikah itself merely on account of non-registration of nikah, if otherwise nikah has been in accordance with Islamic Shariah. Section 6 of Muslim Family Law Ord, 1961 as framed in no manner places any prohibitions in having no more than one wife. It only requires that the condition of ‘Adl’ prescribed by Holy Quran itself should be satisfied by the male who wants to have more than one wife. The provision for constituting an arbitrary council, therefore, cannot itself be said to volatile of injunctions of Islam. PLD 2000, FSC Page 1

Appeal not filed in the Hon’ble Supreme Court of Pakistan

949. S.P.No.14/I/1993Malik Muhammad

Usman Vs.

Govt. of Pakistan

Ord. XIX of 1983 (Transfer of Population Welfare Programme Field Activities, 1983) challenged being repugnant to injunctions of Islam


Appeal not filed in the Hon’ble Supreme Court of Pakistan.

950. S.P.No.14/L/1993Ghulam Hussain Bloch

Vs. Govt. of Punjab etc

Section 148, 149, 109/34 PPC challenged being repugnant to injunctions of Islam

The petition was dismissed being misconceived on 30.11.1993 as the provision of law challenged had already been examined this Court and not found to be inconsistent with the injunctions of Islam.

Appeal not filed


UsmanVs


Challenged Excise and Salt Act, 1944



952. S.P.No.15/I/1993Qari Abdul Aziz Jalali

Vs. Province of NWFP &

others

Section 4(15), 567 & 11 of Punjab Tenancy Act, 1987, Hazara Tenancy Regulation, 1987, NWFP Tenancy (Fixation of Compensation to the Landlords) Rule, 1981, section 4 & 4(a) of NWFP Tenancy Act, 1992, NWFP Abolition



177

of Jagirs Act, 1952 challenged being repugnant to injunctions of Islam

953. S.P.No.15/L/1993Munir Brothers

Vs. IDBP etc.

Banking Companies (Recovery of Loan) Ord. 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam

The petition was disposed being infructuous on 27.11.2000 as a decree was issued in the matter and, even otherwise, subsequent to the announcement of authoritative judgment by Hon’ble Shariat Appellate Bench of Supreme Court of Pakistan.



UsmanVs


Challenged Wealth Tax Act, 1963.



955. S.P.No.16/I/1993Sabz Ali


Section 5(1)(c) of the Punjab Tenancy Act, 1887 as applicable to NWFP challenged being repugnant to injunctions of Islam



956. S.P.No.16/L/1993Sumaira Qamar

Vs. Chairman ADBP etc.

Recovery of bank interest from petitioner (personal grievance) challenged being repugnant to injunctions of Islam

Dismissed as petition pertains to personal grievance vide court order dated 30.11.1993.



UsmanVs


Challenged Sales Tax Act, 1990.



958. S.P.No.17/I/1993Khan Wali





959. S.P.No.17/L/1993Khurshid Ahmed Vs.

Irshad Bibi etc.

No specific law has been challenged being repugnant to injunctions of Islam

Dismissed as petition showing personal grievance and no specific law has been challenged vide Court order dated 30.11.1993.



UsmanVs


Challenged Civil Servant Act, 1973.

Disposed of as withdrawn.The Court has already been examined this matter in S.S.M.NO.263-A-1983 reported in PLD-1984 FSC-32.Order dated 21-7-1993.


961. S.P.No.18/I/1993Sardar Kaloo





962. S.P.No.18/L/1993Pir Bux


etc.


Petition was dismissed being misconceived on 30.11.1993 as points involved in this petition have already been decided vide PLD 1992 FSC 1 (Dr. Mehmood-ur-Rehman Faisal Vs. Secretary Ministry of Law & Justice)


178


Workers etcVs


Sub Clause 5 of standing order 15 of Industrial and commercial Employment (standing Order) Ordinance, 1968 and sub Clause 5 of Sec. 15 of Road Transport workers Ordinance. 1952



964. S.P.No.19/I/1993Haji Muhammad

Mumtaz Ali Vs.


Section 3 of the Works of Defense Act, 1903 & Gazette Notification No. SRD-939 (I/79) (regarding denial of easement rights in agricultural land within cantonment area) challenged being repugnant to injunctions of Islam.

Dismissed on 18.9.2007 being not maintainable as the matter belongs to seeking relief on his personal grievance

Appeal not filed

965. S.P.No.19/L/1993Mst. Fakhra Siddique

etc. Vs.

HBL & others

Recovery of bank interest from petitioner (personal grievance regarding recovery of interest) challenged being repugnant to injunctions of Islam

Dismissed as petition pertains to personal grievance vide court order dated 07.05.1994.

Appeal not filed

966. S.P.No.20/I/1993I.A Sherwani


L/WS.S.No.01/I/1993

L/WS.S.No.02/I/1993

L/WS.S.No.03/I/1993

L/WS.S.No.04/I/1993

L/WS.S.No.05/I/1993

Service Tribunal Act, 1973 & Service Tribunal (Qualification of Member) Rules, 1973 challenged being repugnant to injunctions of Islam

Dismissed on 22.1.2008 with observation that there is nothing in the matters which may be termed as repugnant to the Quran and Sunnah.

Appeal not filed

967. Sh.P.No.20/K/1993M/s. Banking Trade

ServiceVs

Islamic Republic of Pakistan.

Challenged section 6(1), 9 & 15 of the banking Tribunal Ordinance, 1984.

Dismissed.The petitioner could no lay his hand to anything contained in Quran and Sunnah which opposes the contents of the said sections of the Banking Tribunal Ordinance.Order dated; 11-5-2007.


968. S.P.No.21/I/1993Qari Abaidullah





969. Sh.P.No.21/K/1993Syed Khateebul Islam

KazmiVs

Special Court of Banking of Sindh and

another

Challenged the Interest of Banks on the ground being repugnant to the Injunctions of Islam.

Dismissed in limine.The Court has already held in Judgment reported as PLD-1992 FSC-1.Order dated; 3-12-1995


970. S.P.No.22/I/1993Sian Muhammad Vs. Province of NWFP

Law relating to occupancy, Tenants and Landlord in NWFP challenged being


The Appeal has been filed and has been dismissed for

179


non prosecution on 18-10-2004

971. S.P.No.23/I/1993Qazi Muhammad Sadiq





972. S.P.No.24/I/1993Muhammad Daub Vs.

Province of NWFP




973. S.P.No.25/I/1993Mrs. Mahjabeen &

others Vs.

The Fed: of Pakistan

Section 4 of Banking Company (Recovery of Loans) Ord. 1979 regarding recovery of interest / personal grievance challenged being repugnant to injunctions of Islam

Dismissed on 03.12.1995 as the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.

Appeal has not filed in Supreme Court

974. S.P.No.27/I/1993Muhammad Yakoob Vs.

Govt. of Pakistan

Civil Servant Act, 1973 and Rules 3(1)(a),7,8 & 9 of Civil Servant (Appointment, Promotion & Transfer) Rule, 1973 challenged being repugnant to injunctions of Islam

Dismissed on 17.1.1994 with observation that by making promotion/transfer to various posts, the DPS or CSB is a proper forum which can go deep into the merits of each case and make recommendation accordingly.


975. Sh.P.No.28/I/1993I.A.Sherwani Vs.

Govt of Pakitan etcL/W

S.P.No.27/I/1994L/w

WS.P.No.25/I/1994L/w

S.P.No.2/I/1998L/W

S.P.No.4/I./1995L/W

Sh. Misc: No.20/I/1995

The Petitioner has challenged para 1(IV) of the MFOM No.(4)F,12(2)-RI/53 dt.24.3.1995 the petitioner has submitted that the policy of family persion during ythe period of IDDAT against the injuction of Islam,

The Hon’ble S/Court Shariat appellate Bench has already decided in “Fedeation of Pakistan Vs. I.A.Shearwani and 3 others reported in 2005 SCMR,292- against the Judgement dt.14.10.1992 of the FSC, in view of the decision of the Hon:S.Court this petition has be came infructuous and dispoed of accordingly 12.9.2007.

976. S.P.No.29/I/1993Allah Rakha


L/W S.P.No.32/I/1993

L/W

The petitioner ha ve chelleng section 4,5,6, and 7 of the muslim family laws ord.1961 being repugnant to the injuction of islam.

The court has declear that section 4 of the ord. has repugnant to the injuction of islam while section 5 and 6 are not repugnant of the islam howover section 7 of the muslim family laws ord.1961 as whole

Appeal filed in the Supreme Court of Pakistan and pending.

180

S.P.No.37/IO/1993L/W

S.P.No.42/I/1993L/W

S.P.No.13/L/1993L/W

S.P.No.3/I/1994L/W

S.P.No.28/I./1994L/W

S.P.No.6/L/1994L/W

S.P.No.10/L/1994L/W

11/L/1994L/W

S.P.No.15,18,19,7,/I/.1995 etc

can not been declear as violative of injuction of islam but sub section 3 and sub section 5 have bee n held to be repujnant to the injuction of Islam.5.1.2000.PLD 2000 FSC Page-1.

977. S.P.No.30/I/1993B.A Malik


Finance Division O.M No. F.8(12) R 30/92 (Part 48), dated 18.9.1993 regarding discrimination in grant of secretariat allowance for employees working in Federal Secretariat challenged being repugnant to injunctions of Islam


Appeal filed.

978. S.P.No.31/I/1993Muhammad Sharif Vs.


Section 2(2) GG of section 4 of Urban Immovable Property Tax Act, 1958 challenged being repugnant to injunctions of Islam


Appeal not filed

979. S.P.No.32/I/1993Rehmat Khan

Vs. Fed: of Pakistan`

Section 4 of Muslim Family Law Ord. 1961 (regarding inheritance of offspring of predeceased living at the of opening succession) challenged being repugnant to injunctions of Islam

The court has declear that section 4 of the ord. has repugnant to the injuction of islam while section 5 and 6 are not repugnant of the islam howover section 7 of the muslim family laws ord.1961 as whole can not been declear as violative of injuction of islam but sub section 3 and sub section 5 have bee n held to be repujnant to the injuction of Islam.5.1.2000.

Appeal not filed


Rehman Faisal Vs.

Govt. of Pakistan

Pakistan Army Order No. PAO 673171 dated 5.10.1971 (regarding severe discrimination between civil & army employees of GHQ about medical facility in Hospital during the service and after retirement)challenged being repugnant to injunctions of Islam

Dismissed for non- prosecution on 27.5.2008


981. S.P.No.34/I/1993Ghulam Farid


Section 30 of HBFC Act, 1952 regarding recovery of interest challenged being repugnant to injunctions of Islam.

Dismissed on 08.12.1993 being of personal grievance

Appeal not filed

181

982. S.P.No.35/I/1993Nadeem Mukhtar Vs.


Section 30 of Contract Act, 1872 regarding exception in favour of certain price horse racing challenged being repugnant to injunctions of Islam.

Dismissed on 11.12.1995 being incompetent as the Court has already examined this provision of law vide judgment dated 20.10.1983 passed in S.S.M No.01/1982.

Appeal not filed

983. S.P.No.36/I/1993Nadeem Mukhtar

Chaudhry Vs.

Federation of PakistanL/W

S.P.No.23/I/1994 & S.P.No.1/K/1995

Article 40 of Qanoon-e-Shahadat Order, 1984 (regarding how much information received from accused may be proved) challenged being repugnant to injunctions of Islam.

Dismissed having no substance on 30.5.2007.

Appeal not filed

984. S.P.No.37/I/1993Mst. Gul Ryazan



The court has declear that section 4 of the ord. has repugnant to the injuction of islam while section 5 and 6 are not repugnant of the islam howover section 7 of the muslim family laws ord.1961 as whole can not been declear as violative of injuction of islam but sub section 3 and sub section 5 have bee n held to be repujnant to the injuction of Islam.5.1.2000.

Appeal not filed

985. S.P.No.38/I/1993Afzal Ahmed etc.


L/WS.P.No.66/I/1992

Section 17(1-A) of Wapda Act, 1958 pertaining to Wapda employees challenged being repugnant to injunctions of Islam.

Disposed of on 17.1.1994 as same order passed in S.P.No.66-I/1992 which reported that in view of the judgment of Hon’ble Appellate Bench of Supreme Court, this Court allowed these petitions only to the extent of retirement / removal from service without assigning any reason and affording proper opportunity of hearing.


986. S.P.No.39/I/1993Sattar Bazmi


Martial Law Order No.35 regarding removal from service challenged being repugnant to injunctions of Islam

Dismissed on 10.12.1995 the matter of personal grievance.

Appeal not filed

987. S.P.No.40/I/1993Muhammad Ali Khan

Vs. Govt. of NWFP

Enforcement of NWFP Pre emption Act, 1992 regarding pre emption rights challenged being repugnant to injunctions of Islam

Disposed of on 12.3.2008 being infructuous.

Appeal not filed

988. S.P.No.41/I/1993Javed Ahmed

Vs. Govt. of Punjab

Rule 1.5 (1)(a) & Part VII Rule 1.13(1)(a) of the Punjab General Provident Fund Rules, 1978 regarding charging interest challenged being repugnant to injunctions of Islam

Disposed of having withdrawn on 23.1.2001.

Appeal not filed

989. S.P.No.42/I/1993Raja Muhammad Ayub


Section 4 of Muslim Family Law Ord. 1961 (regarding inheritance of offspring of predeceased living at the of opening succession) challenged being repugnant to injunctions of Islam

The court has declear that section 4 of the ord. has repugnant to the injuction of islam while section 5 and 6 are not repugnant of the islam howover section 7 of the muslim family laws ord.1961 as whole can not been declear as violative of injuction of islam but sub

Appeal not filed

182

section 3 and sub section 5 have bee n held to be repujnant to the injuction of Islam.5.1.2000.

990. S.P.No.43/I/1993Allama Bishop Danial

Tasleem Vs.


Subsection (c) of section 295 PPC (use of derogatory remarks about Holy Prophet P.B.U.H) challenged being repugnant to injunctions of Islam

Dismissed in limine on 8.1.1994 being incompetent as the Full Bench of this Court comprising of 5 judges has already examined the impugned law in S.P No.6-L/1987 and delivered judgment on 30.10.1990 reported as PLD 1991 FSC page 10.

Appeal has filed.And has been dismissed for non proceuction on 21.4.2009.

991. S.P.No.44/I/1993S. Col. Retd Muhammad

Akram Vs. Fed: of Pakistan


Sections 133 (A) (b) of Pakistan Army Act, 1952 regarding adjudication by Martial Law Courts challenged being repugnant to injunctions of Islam

Allowed on 2.9.2008 with observation that non supply of copy of judgment, deposition & other record of the case to the convict person would tantamount to denial of justice to him as he will not be in position to furnish ground to assail his conviction as right of appeal is substantive right, the denial of copy of judgment and of hearing in appeal would amount to denial of substantive right resulting ito justice on touchstone of the Quran and Sunnah of the Holy Prophet (P.B.U.H) SD 2009 Page 321 ,PLJ 2010 FSC Page 291

Appeal in filed in Supreme Court of Pakistan Pending




992. Sh.P.No.1/I/1994Allah Dino


Filed petition and prayed that this Court give direction to senior member of Board of Revenue Sindh Hyderabad to dispose of filed case within a Specific pried.

Due to personal grievance the petition has dismissed.Order dated; 18-1-1994.


993. S.P.No.1/L/1994Muhammad Ashraf Vs.

The Manager, Agriculture

Development Bank of Pakistan, Phalia and

two others

To Challenge the Riba/mark-up of Rs.2,36,400/-

Dismissed in limine for want of jurisdiction.3.12.1995


994. Rew.Sh.P.No.1/I of 1994

Col(Retd) Muhammad Akram


Linked with

Rew.Sh.P.No.3/I of 1994

Linked with

Filed review of FSC Judgment dated 13-10-1983 in SSM No. 85/82 regarding Secs.16 and 17 of Pakistan Army Act, 1952 and Rules & Regulation as being to the repugnant to the in Injunctions of Islam.

Filed review of FSC Judgment dated 13-10-1983 in SSM No. 85/82

Disposed of as withdrawn.Order dated; 27-5-2008


183

Sh.P.No.4/I/1993

regarding Secs.65 and 66 of Pakistan Army Act, 1952 and Rules & Regulation as being to the repugnant to the in Injunctions of Islam.

995. Sh.P.No.1/K/1994Haji Babar Hussain

VsMst. Fareeda Naz

Challenged the Provision of Section 5(7) of Family Court Act, 1964 as repugnant to the Injunctions of Islam.That the Court be pleased to prevent the respondent from denying her marriage with the Petitioner.

Dismissed in limine on 28.11.1995 as this petition pertains to personal grievance and as such the out of jurisdiction of this Court.


996. Rew.Sh.P.No.2/I of 1994

M. Jameel RajaVs


Linked With

Sh.Msic.No.33 of 1994

Challenged Section 4(1) (2) and Section 12 Guardians and wards Act, 1890.

Dismissed in limine because the petitioner could also not point out any injection which varied these sections. Order dated; 17-12-1995.

Appeal not filed

997. Sh.P.No.2/I/1994S. Liaqat Binori


Challenged Finance Division O.M.No.F.2 (9) R-5/81 dated 27-6-1981. Which provide the schedule for the rate of house rent admissible to the employees of the Government?

Dismissed as withdrawn.Order dated; 4-6-2002.


998. S.P.No.2/L/1994Malik Altaf Hussain Vs.Allied Bank of Pakistan

Limited etc.

To challenge the amount of interest of Rs.68,547/40

Dismissed in limine for want of jurisdiction.3-12-1995


999. S.P.No.02/K/1994Suhail Hameed

VsPresident of Pakistan

Section 34(a)(b)(f) of Pakistan Army Act, 1952 (regarding armies’ separate judicial system) challenged being repugnant to injunctions of Islam

Petition was dismissed in limine on 29.11.1995 as the matter in question has already been examined by this Court.


1000. Sh.P.No.3/I/1994Zar khan and others


Section 4 of Muslim Family Lawss Ordinance,1961

The Court has declared that the Muslim Family Laws Ordinance, 1961 are repugnant to the Injunction of Islam and it is directed that the president of the Islamic Republic of Pakistan shall take steps to amend the law so as to bring the above provisions into conformity with the injunctions of Islam.Judgment dated; 05-01-2000.PLD 2000, FSC Page 1


1001. S.P.No.3/L/1994Mian Hidayat Hussain

Bhatti Vs.

A.D.P.B and one other

To Challenge the amount of interest. from the petitioner is repugnant to injunction of Islam.

Dismissed in limine for want of jurisdiction.3-12-1995


1002. Sh.P.No.3/K/1994Mst. Suraya Begum

Vs

Stated that During Hajj the petitioner has seen the Pakistani ladies

Dismissed in limine.No law has been challenged in this petition as offending any


184

Government of Pakistan without observing a proper dress on their bodies and observing parda properly in view of the Injunctions of the Holy Quran and Sunnah.

Injunctions of Islam.Order dated; 12-12-1995.

1003. Sh.P.No.4/I/1994Dr. M.Aslam Khaki


Linked withRew.Sh.P.No.1/I of

1994Linked with

Rew.Sh.P.No.3/I of 1994

Challenged Section 7(3) of Muslim Family Laws Ordinance, 1961.

The Court has declared that the Muslim Family Laws Ordinance, 1961 are repugnant to the Injunction of Islam and it is directed that the president of the Islamic Republic of Pakistan shall take steps to amend the law so as to bring the above provisions into conformity with the injunctions of Islam.Judgment dated; 05-01-2000. PLD 2000, FSC Page 1

Appeal not filed

1004. Rew.P.No.4/I/1994Z. A. Sheikh


Old Pensioner has Requested for Welfare fund from the State Bank of Pakistan. .

Dismissed in limine. Hence Personal grievance of the petitioner was involved in the petition.Order dated; 9-5-1994.




Challenged Paras 5 and 9-A the constitution of the office management group, (O.M No.1/2/75-ARC dated 27-1-1975) and Paras 3(ii), 4(ii), a and 6 of the constitution of the Secretariat Group (O.M No.2/2/75-ARC dated 12-4-1976)

Dismissed for non-prosecution.Order dated; 28-2-1995.


1006. S.P.No.5/L/1994Khawaja Munir Ahmad

Siddique Vs.


To Challenge section 539 Cr.P.c. wherein affidavit and affirmations before High Courts or any officer appointed by it may attest affidavit against the Quran and Sunnah

Dismissed on 23.4.2007 as the stand taken by the petitioner has no relevance to section 539 Cr.P.C


1007. S.P.No.6/L/1994Muhammad Ibrahim etc

Vs Abdur Rahman etc

To challenge Muslim Family Laws Ordinance, 1961. Section 4 of the Muslim Family Laws is against the Injunctions of Islam

The court has declear that section 4 of the ord. has repugnant to the injuction of islam while section 5 and 6 are not repugnant of the islam howover section 7 of the muslim family laws ord.1961 as whole can not been declear as violative of injuction of islam but sub section 3 and sub section 5 have bee n held to be repujnant to the injuction of Islam.5.1.2000. PLD 2000, FSC Page 1


1008. Sh.P. No. 7/I/1994Haji Muhammad

AbdullahVs


Prayed that Registration of Mosques and religious Institutions to Eliminate the chances of future Quarrels/Conflicts and (Embarrassing) Hostile take-over(s) by other sects.

The petition has misconceived and dismissed in limine.Order dated; 16-2-1995.

Appeal has not filed..

185

1009. Sh.P.No.7/L/1994Haji Hayat Muhammad

Vs. The Province of Punjab

To challenge M.L.R 115 as for as it limits the wording of land be declared in infringement of Islam as declared by Holy Quran and Hadith.



1010. Sh.P.No.9/L/1994Muhammad Rafi and

othersVs.


Challenged section 9 of Oaths Act, 1973 and Article 163 of the Qanoon-Shadat Ordinance, 1984 being to the Injunctions of Islam.

Dismissed as withdrawn on the request of the petitioner on 23.4.2007


1011. Sh.P.No.10/I/1994Dr. Mehmood-ur-Faisal


Challenged the notifications;Cabinet Secretariat Notification No.104/12/68 Min dated 19-3-1968.Cabinet Secretariat Notification No.4-14/90 Min. I dated 27-6-1990.Schedule II Rule 3(3) Rules of Business 1973(Cabinet Secretariat)

Dismissed in limine.The petitioner failed to point out any law on the subject which could form basis to attend the jurisdiction of this Court.Order dated; 16-2-1995


1012. Sh.P.No.10/L/1994Muhammad Bakhsh Vs.

Federal Government and another

Challenged section 4 of Muslim Family Laws, 1961 being to the Injunctions of Islam.

Disposed of on 5.1.2000 in terms of the judgment delivered in

S.P.No.29-I-1993 PLD 2000 FSC Page 1.


1013. Sh.P.No.11/I/1994Ali Ahmed Dar


Challenged Judgment of the F.S.T Islamabad dated 2-11-1993 in service appeal No.291(R)/93.

The petition has misconceived and Dismissed in limine.Order dated; 9-4-1994. PLD 2000 FSC Page 1.

Filed in Supreme Court

1014. Sh.P.No.11/L/1994Tagiya

Vs. Federal Govt.

Challenged section 4 of the Muslim Family Laws, Ordinance, 1961 being to the Injunctions of Islam.

Disposed of on 5.1.2000 in terms of the judgment delivered in S.P.No.29-I-1993.


1015. Sh.P.No.12/L/1994Mst. Malkhoo etc.


Pakistan and another

Challenged provisions of section 3(33) of the General clauses Act, Section 30 of the Punjab Pre-emption Act and section 25 of the Limitation Act as against the injunctions of Islam.




RehmanVs


Request for Re-hearing in Criminal case which has already been decided by the special Court for speedy trials and maintained the conviction of accused (10 years RI + fine of Rs. 20,000 with whipping 20 strips) by the supreme Court of Pakistan. Further submitted that this petition may by consider as revision under the rule.

Dismissed.Because the matter pertains to a personal grievance.Order dated; 7-12-2000.


186

1017. Sh.P.No.13/L/1994M/S. Mehran Comfort

(Pvt) Ltd.Vs.


Challenged portion of section 31-A of the Custom Act, (Act. IV of 1969) being to the Injunctions of Islam.



1018. Sh.P.No.14/L/1994M/S Mehran Comfort

(Pvt) Ltd. Vs.Govt. of Pakistan etc.

Challenged Notification S.R.O 419(1) dated 9.5.1991.

Dismissed on 24.9.2001, as the matter has been dealt with and decided by the Peshawar High Court vide judgment dated 7.3.1994 and by the Hon. Supreme Court of Pakistan vide judgment dated 27.2.1998.


1019. Sh.P.No.15/I/1994Master Mushtaq Ahmed


Request for Financial benefit.

Dismissed because personal grievance has involved.Order dated; 7-5-1994.




Challenged Notification of the Federal Government S.R.O 420(1) /91 dated 9.5.1991

Same judgment delivered on 24.9.2001 in S.P.No.14-L-1994


1021. Sh.P.No.16/I/1994Mst. Abida Tasneem etc


Challenged Section 5 of the Muslim Family Laws Ordinance, 1961 providing for the registration of marriage is repugnant to the Injunctions of Islam.

Disposed of.The Court has already been discussed this point in Shariat petition No. 29/I/1993.Order dated; 5-1-2000. PLD 2000 FSC Page 1.




Challenged Notification of the Federal Government S.R.O. 421(1)/91, dated 9.5.1991.



1023. Sh.P.No.17/I/1994Muhammad Sharif


Challenged section 25 of ADBP, 1961 and Rule 17 of ADBP on the ground that the interest is repugnant to the Injunctions of Islam.

Dismissed in limine.The Court has already been delivered a Judgment on Interest.Order dated; 16-2-1995.


1024. Sh.P.No.17/L/1994Diamond Corporation

(Pvt) LimitedVs.

Govt: of Pakistan etc

Challenged portion of Section 31-A of Custom Act, 1969 is repugnant to the Injunctions of Islam.



1025. Sh.P.No.18/I/1994Muhammad Nawaz


The petitioner is a constable in the Punjab Police, challenged the Salute, which a member of the police is expected to render to his senior is Un-Islamic and is just and other form of the Fir-owni Sajida.

Dismissed.The Court has declared that “saluting” a senior in police department or in armed forces or in Para-military establishments, is not repugnant to the injuction of Islam.Order dated; 12-4-2007



(Pvt) LimitedVs.


Challenged Notification of the Federal Government S.R.O 419(1)/91 dated 9.5.1991 is repugnant to the Injunctions of Islam.



1027. Sh.P.No.19/I/1994M/s Atif Floor Mills

Vs

Challenged the Interest Act, 1839.

Dismissed in limine.The Court has already been examined the provision of


187

Federation of Pakistan Interest in different petition.Order dated; 16-2-1995

1028. Sh.P.No.19/L/1994Diamond Corporation (Pvt) Limited Vs. Govt:

of Pakistan etc

Challenged Notification of the Federal Government S.R.O 420(1)/91 dates 9.5.1991 is repugnant to the Injunctions of Islam.



1029. Sh.P.No.20/I/1994M/s Fazal Engineering

Company, LTD etcVs


Challenged Section 8(2) a & b of Banking Company (Recovery of Loans) Ordinance, 1979.

Dismissed in limine.The Court has already been examined the provision of Interest in deferent petition.Order dated; 16-2-1995


1030. S.P.No.20/L/1994Diamond Corporation

(Pvt) Limited Vs.


Challenged Notification of the Federal Government S.R.O 421(1)/91 date 9.5.1991 is repugnant to the Injunctions of Islam.



1031. Sh.P.No.21/I/1994Nadeem Mukhtar


Challenged Article 43-B (a) of Qanoon-e-Shahadat Order, 1984 is repugnant to the Injunctions of Islam.

Dismissed in limine.The petition is misconceived as no Injunctions of Islam has been cited in proof thereof.Order dated; 16-2-1995.


1032. Sh.P.No.21/L/1994Crescent Industrial

(Gadoon)Vs.


Challenged portion section 31-A of Custom Act, 1969 is repugnant to the Injunctions of Islam.



1033. Sh.P.No.22/I/1994Qazi Syed Saghir-ur-

HawVs

Pakistan through M/o Finance

Section 6 (h) (b) of Finance Act, 5 of 1989 regarding Tax




(Gadoon)Vs.






(Gadoon)Vs.





1036. Sh.P.No.24/I/1994Khalid Khawaja


Requested that this Court Implement of Article 62 & 63 of the Constitution of Pakistan.

Dismissed in limine.Because the petition does not fall within the jurisdiction of this Court.Order dated; 16-2-1995



(Gadoon)Vs.


Challenged Notitfication of the Fedral Government S.R.O 421(1)/91 dated 9.5.1991 is repugnant to the Injunctions of Islam.




(Pvt) Limited

Challenged portion of Section 31-A of Custom Act, 1969 is repugnant



188

Vs.Govt: of Pakistan etc

to the Injunctions of Islam.

1039. Sh.P.No.25/I/1994I.A.Sherwani Vs.

Govt of Pakitan etcL/W

S.P.No.27/I/1994L/w

WS.P.No.28/I/1993L/w

S.P.No.2/I/1998L/W

S.P.No.4/I./1995L/W

Sh. Misc: No.20/I/1995

In this petition challenged O.M.No.F.1(9)I-P/1994,dt.26.3.1994 and O.M.No.F.`1(2) Imp/1994(1)dt.15.6.1994, the petitioner seek the challenged the policy adopted by the Govt. of deliberate discrimination against the pensioners which is against the injuction of Islam.



1040. Sh.P.No.26/I/1994M. Iqbal Kowkab


Challenged Section 6 of the Muslim Family Laws Ordinance, 1961.

The court has declear that section 4 of the ord. has repugnant to the injuction of islam while section 5 and 6 are not repugnant of the islam howover section 7 of the muslim family laws ord.1961 as whole can not been declear as violative of injuction of islam but sub section 3 and sub section 5 have bee n held to be repujnant to the injuction of Islam.5.1.2000. PLD 2000 FSC Page 1.

Appeal is not Filed in the Supreme Court


(Pvt) LimitedVs.


Challenged Notification of the Federal Government S.R.O No. 419(1)/91 date 9.5.1991 is repugnant to the Injunctions of Islam.




(Pvt) Limited Vs.


Challenged Notification of the Federal Government S.R.O No. 420(1)/1991 dated 9.5.1991 is repugnant to the Injunctions of Islam.



1043. S.P.No.27/I/1994Ex Sevice man

Association talagnagVs.

Govt of PakistanL/w Sh.P.No.25/I/1994

L/wWS.P.No.28/I/1993

L/wS.P.No.2/I/1998

L/WS.P.No.4/I./1995

L/W Sh. Misc: No.20/I/1995

The petitioner prayed in these theat also may kindly be granted 35% Adhoc increase in the pension as allowed to serving civilians and military personnals by the Goverenment.

The Hon’ble S/Court Shariat appellate Bench has already decided in “Fedeation of Pakistan Vs. I.A.Shearwani and 3 others reported in 2005 SCMR,292- against the Judgement dt.14.10.1992 of the FSC, in view of the decision of the Hon:S.Court this petition has become infructuous and dispoed of accordingly 12.9.2007.

1044. Sh.P.No.28/I/1994Syed Ibrar Husain


Challenged section 4 of the Muslim Family Laws Ordinance, 1961.

. The court has declear that section 4 of the ord. has repugnant to the injuction of islam while section 5 and 6 are not repugnant of the islam howover section 7 of the muslim family laws ord.1961 as whole can not been declear as violative of injuction of islam but sub section 3 and sub section 5 have bee n held to be repujnant to the

Appeal not Filed in the Supreme Court

189

injuction of Islam.5.1.2000. PLD 2000 FSC Page 1


(Pvt) Limited Vs.





1046. Sh.P.No.29/I/1994Nadeem Mukhtar

ChoudharyVs


Article 16 Qanoon-e-Shahadat Order Act,1984

Dismissed as withdrawn.Order dated;16-2-1995


1047. Sh.P.No.29/L/1994Khyber Plastic and

PolymerVs.


Challenged portion of section 31-A of the Customs Act (Act IV of 1969) is repugnant to the Injunctions of Islam.



1048. Sh.P.No.30/I/1994Muhammad Akram


Section 4 (2GG) of Urban Immovable Property Tax Act, 1958

The matter has been discussed in linked with S.P.No.11/L/1990 and S.P.No.27/I/1990.Order dated; 18-9-2007



Polymer Vs.





1050. Sh.P.No.31/I/1994Inayat ullah

VsThe Chairman WAPDA

and others

Filed application and requested for direction and declaration to the effect that the petitioner entitled to get Rs.170, 610/00 on account of Diyat amount on account of the death of the son of the petitioner who died due to the negligence of the WAPDA.




Polymer Vs.





1052. Sh.P.No.32/I/1994Muhammad Sharif

BhattiVs


Filed petition for return the Dowry after divorce.



1053. Sh.P.No.32 /L/1994Khyber Plastic and

PolymerVs.





1054. Sh.P.No.33/I/1994S.K. Aurangzeb & others

VsD.G.F.W.O. & others

Petition for revision of the Service Rule and Regulation of Civilian employees of Frontier works Organization



190

1055. Sh.P.No.34/I/1994Babar Awan


etc

Challenged the Rule No. 72(a) of the Rules of Business (Functioning of the Parliament, Majlis-e-Shura (National Assembly as well as Senate of Pakistan) is repugnant to the Injunctions of Islam.



1056. Sh.P.No.35/I/1994Ahmed Yar

VsThe Government of

Pakistan

Challenged Section 6(4) of the west Pakistan shops and Establishment Ordinance 1969. Regarding Observance of a weekly Holiday on Friday.






1057. S.P.No.1/I/1995Jamsheed A Hameed


Civil Servants Act, 1973 & 1974

Dismissed in default for non prosecution on 22.11.2000


1058. Sh.P.No.1/L/1995Muhammad Nazir

CheemaVs.

Islamic Republic of Pakistan.

Challenged the provisions of section 3(33) of the General Clauses Act, Section 30 of the Punjab Pre-emption Act and section 25 of the Limitation Act being repugnant to injunctions of Islam.

Dismissed in limine on 10.12.1995 for want of jurisdiction and the petition is incompetent.


1059. S.P No.01–P/1995Shahabuddin Barq

Vs. Peshawar High Court

Judgment passed by Peshawar High Court on 29.3.1995 regarding recovery of interest challenged being repugnant to injunctions of Islam

Dismissed in limine on 3.12.1995 as the matter is out of jurisdiction of this Court


1060. S.P.No.2/I/1995Haji Muhammad Ayub


Section III(h) of transfer of Property Act, 1882



1061. Sh.P.No.2/ L/1995Maj (Retd) Moen-ud-

Din Qureshi etcVs.


Challenged sections 90, 119 and 126 of the Pakistan Army Act, 1952 and section 277(d) of the Army Regulations Volume II (Instructions), 1991 being repugnant to injunctions of Islam.


Appeal not filed

1062. S.P.No.02/K/1995Suhail Hameed


Declaration that judgment passed by Supreme Court in Cr.A.No.11/1978 Zulfiqar Ali Bhutto Vs. The State challenged being repugnant to

Dismissed on 31.7.2001 that the Hon’ble Court did not find any force in this petition.


191

injunctions of Islam1063. S.P.No.3/I/1995

Qazi Khalid Ali etc Vs.


Personal grievance Dismissed in limine on 12.12.1995 as the petitioner has not challenge any law


1064. Sh.P.No.3/L/1995Arshad Ali

Vs.Agricultural

Development Bank of Pakistan etc

Challenged Rules 15, 17 and 22 of the Agricultural Development Bank Ordinance, 1961 being repugnant to injunctions of Islam.



1065. Sh.P.No. 3/K/1995Qari Khurshid Ahmed


etc

Challenged.1- Television Broadcast Receiving Satellite Antenna (Possession and Licensing) Rules, 1991.2- Section 10 of the Wireless Telegraphy Act, 1933 is repugnant to the Injunction of Islam.

Dismissed in limine.The Petitioner has not pointed out any provision in the impugned Rule which was against the Injunctions of Islam. Order dated; 12-12-1995


1066. S.P.No.4/L/1995Pakistan Tehrike-e-

InqalabVs.


Challenged Sections 337, 338 and 339 C.R.P.C and Article 16 Qanoon-Shahadat, 1984 being repugnant to injunctions of Islam.

Dismissed as having been withdrawn on 13.12.1995


1067. Sh.P.No. 4/K/1995Mrs. Nilofar Maria


Pakistan etc

Section 4, 5 and 52(2) of the Parsi Marriage and Divorce Act, 1936.



1068. S.P.No.5/L/1995Syed Yousaf Mehdi

NaeemVs.

Federal Government

Challenged section 4 of Muslim Family Laws, 1961 being repugnant to injunctions of Islam.

Disposed of on 5.1.2000 in terms of the judgment delivered in S.P.No.29-I-1993.PLD 2000-FSC Page 1


1069. S.P.No5/I/1995Shuja Ali Khan etc Vs.


Section 83 in sub section 4(a) (b) (c) of Income Tax Ordinance, 1979



1070. Sh.P.No.6/L/1995Khalid Hussain


Corporation etc

Challenged the provision of section 24(8) of House Building Finance Corporation Act, 1952 being repugnant to injunctions of Islam.

Disposed of on 18.9.2007 in compliance with the judgment and order of the Shariat Appellate Bench of Supreme Court reported in PLD 2000 SC 762(S.P.No.22-L-1992)


1071. S.P.No.6/I/1995Col. Muhammad Akram

(Retd) Vs.

Federal Government of Pakistan

Review Shariat Petition in FSC Judgment dt: 13.10.1983 in SSM No.85-I-1982

Withdrawn on 27.5.2008 Appeal has not filed.

1072. Sh.P.No.7/L/1995Haji Rana Muhammad Shabir Ahmad Khan


Pakistan

Challenged the provisions of section 4 of Muslim Family Laws, 1961 being repugnant to injunctions of Islam.

Disposed of on 5.1.2000 in terms of the judgment delivered in S.P.No.29-I-1993. PLD 2000-FSC Page 1


1073. S.P.No7/I/1995M.Khokab Iqbal etc


Sections 7(1), 7(2), 7(3) & 7(6) of Muslim Family Laws Ord: 1961

Disposed of on 5.1.2000 , as the reason recorded in the detailed judgment of even date in S.P.No.29-I-93


192

1074. Sh.P.No.8/L/1995Muhammad Saeed etc


Corporation etc

Challenged section 4(2) of the House Building Finance Corporation Act, 1952 being repugnant to injunctions of Islam.

Disposed of on 18.9.2007 Same order as in S.P.No.22/L of 1992(in compliance with the judgment and order of the Shariat Appellate Bench of Supreme Court reported in PLD 2000 SC 762)


1075. S.P.No.8/I/1995Syed Shoaib Ahmed

Bukhari Vs.


Personal grievance Dismissed in limine on 12.12.1995 for want of jurisdiction


1076. S.P.No.9/L/1995Haji Zulfiqar Ali

Vs.National Industrial

Finance Corporation etc

Praying that under section 4(2) the provisions of Co-operative Societies Act, 1952 and the corresponding provisions any other law relating to the recovery of interest on loan any form may kindly be declared as repugnant to the injunctions of Islam




(Retd) Vs.


S.P.No.10/I/1995Col. Muhammad Akram (Retd) Vs. Federation of

Pakistan etc

Pakistan Army Act, Pakistan Navy Ordinance and Pakistan Air force Act

Absence of provisions in Pakistan Army Act Rules for announcing finding and the sentence to the accused person in the Open Court, soonest after the Court decides about it and records it.

Dismissed as withdrawn on 29.11.1995 , to file a review petition

Same Order Sh.P.NO.9/I/1995



(Retd) Vs. Federation of Pakistan

etcLinked with

S.P.No.9/I/1995

Absence of provisions in Pakistan Army Act Rules for announcing finding and the sentence to the accused person in the Open Court, soonest after the Court decides about it and records it.

Dismissed as withdrawn on 29.11.1995 , to file a review petition Same Order Sh.P.NO.9/I/1995


1079. Sh.P.No.10/L/1995Ch.Abdul Rehman


Pakistan

Challenged the provisions of section 34 of the Drug Act 31 of 1976 as repugnant to the injunctions of Islam.

Dismissed on 26.1.1999 without any substance. PLJ 2001,FSC Page 33


1080. S.P.No.11/I/1995M.Khokab Iqbal etc


and anotherLinked with

S.P.No.12/I/1995

The Presidents Pensions (amendment) Ord: 1994

The Presidents Pensions (amendment)

Dismissed on 12.9.2000 as no specific verse from Holy Quran or Hadith in support of the contention raised in the petition have been relied upon in support thereof

Dismissed on 12.9.2000 as no specific verse from Holy Quran or


193

M.Khokab Iqbal etc Vs.


Ord: 1994 Hadith in support of the contention raised in the petition have been relied upon in support thereof

1081. S.P.No.12/I/1995M.Khokab Iqbal etc


and anotherLinked with

S.P.No.11/I/1995

The Presidents Pensions (amendment) Ord: 1994

Dismissed on 12.9.2000 as no specific verse from Holy Quran or Hadith in support of the contention raised in the petition have been relied upon in support thereof.


1082. Sh.P.No.13/I/1995Syed Muhammad Jamal-

ud-Din KazmiVs


Challenged Section 7 of Oath’s Act, 1873 (Hereinafter called “The Act”) is Repugnant to the Injunctions of Islam.

Dismissed.The Court has not found any substantive in the petition and present form of Oath is not at all repugnant to the Quran and Sunnah.Judgment dated; 8-5-2009.PLD 2010 FSC-Page-221.


1083. S.P.No.15/I/1995Munsif Khan

Vs. Federal Govt:

Section 4 of the Muslim Family Laws, Ord: 1961

Disposed of on 5.1.2000 in terms of detailed judgment of even date recorded in S.P.No.29/I-1993 PLD 2000-FSC Page 1


1084. S.P.No.16/I/1995Iqbal Ali Zaidi

Vs. Secy: M/O Law

Islamabad

Personal grievance Dismissed in limine on 3.12.1995 Appeal has not filed.

1085. S.P.No.17/I/1995Syed Shakhoul Hassan


and another

Personal grievance Dismissed in limine on 3.12.1995 for want of jurisdiction


1086. S.P.No.18/I/1995Mehdi Hassan & Sardar

Ahmed Abidi Adv. Vs.





1087. S.P.No.19/I/1995Qutabuddin





1088. S.P.No.20/I/1995Nawab Industries


Section 8(2) of Banking Companies (Recovery of Loans) Ordinance

Dismissed in limine on 3.12.1995 as the matter agitated in this petition is a personal grievance

Appeal is notFiled in the Supreme Court

1089. S.P.No.21/I/1995Qari Khurshid Ahmad


Section 4 – 7 of the Muslim Family Laws, Ord: 1961



1090. S.P.No.22/I/1995Bashir Ahmad

Vs. ADBP and another

Personal grievance Dismissed on 30.6.1997 as no one has appeared before the Court


1091. S.P.No.23/I/1995Abdur Rab Jafari and

others Vs.

President of Pakistan and others

Article 2-62 and 63 of the Constitution of Islamic Republic of Pakistan (Regarding Oath of Office)





the Hon.Supreme

194

Court of Pakistan or not with Status

1092. S.P.No.1/I/1996Syed Iqbal Ali Zaidi Vs.

Secy. M/o Law, Islamabad.

L/WS.P.No.61/I/1991

Sec.8(2),8(2)(a) of Banking Companies (Recovery of Loan)Ordinance,1979

Disposed of as withdrawn on 30.6.1997, in view of the repeal of law which has been questioned through this petition.


1093. S.P.No.2/I/1996Dost Muhammad


Pakistan

The petitioner has challeneged section “6” of the Muslim Family Laws Ordinance 1961 being against the injunction of Islam.

Disposed of on 5-1-2000 in term of detailed Judgment of even date recorded in S.P.No.29/I/1993 PLD 2000-FSC Page 1

Not Filed in Supreme Court.

1094. S.P.No.3/I/1996Muhammad Siddique


The petitioner has challeneged section “4” of the Muslim Family Laws Ordinance 1961 being against the injunction of Islam.

Disposed of on 5-1-2000 in term of detailed Judgment of even date recorded in S.P.No.29/I/1993 PLD 2000-FSC Page 1

Not Filed in Supreme Court.

1095. Sh.P.No.01/L/1996Muhammad Ishaq Vs.

HBFC etc

HBFC Act regarding recovery of interest challenged being repugnant to injunctions of Islam.

Dismissed in limine on 8.6.1998 with observation that provision of HBFC Act, 1952 and HBF Regulation 1979 has also been examined by this Court in Muhammad Iqbal Chaudhry Advocate Vs. Federation of Pakistan & others reported in PLD 1992 FSC Page 501


1096. Sh.P.No.1/K/1996Sohail Hameed


Against the presumption and inferences drawn in the judgment Passed by Supreme Court of Pakistan in Cr. Appeal No.11 of 1978(Zulfiqar Ali Bhutto Versus The State)

Dismissed.The Court has not found any force in this petition.Judgment dated; 31-7-2001


1097. Rew.Sh.P.No.1/K of 1996

Sohail HameedVs


Challenged the Court Judgment dated 13-10-1983 on Suo-Moto Examination of Pakistan Army Act, 1952 and to declare sections 24(a) and (b) as repugnant to the Inunctions of Islam.

Dismissed the petition has been filed 90 day barred by time. The unexplained inordinate delay in coming to this Court by itself is also a sufficient ground no to entertain this petition which has been found otherwise also without merit.Judgment dated; 17-11-1998


1098. Sh.P.No.02/L/1996Noor Muhammad Vs.

ADBP etc.

Interest Act, 1839 and ADBP Rule 1961 challenged being repugnant to injunctions of Islam.



1099. Sh.P.No.2/K/1996Nawab Syed Khurshid

Hyder RizviVs


Challenged the requirement of Photographic of the female of Citizen of Pakistan for NIC for the purpose of issue of Passport. That a affixation to photographs of a woman on NIC or passport as repugnant to the Injunctions of Islam.

Dismissed in limine.1. The Petitioner has died.2. The Court has already been examined this matter reported in PLD 1982-FSC-page 36.Order dated; 8-5-2000.

Appeal not filed

195

1100. S.P No.02/P/1996Roghani Gul


Section 4 to 7 of Muslim Family Law Ord. 1961 challenged being repugnant to injunctions of Islam

Disposed of on 5.1.2000 interm of datiled judgement of even date recorded in Shariat petition 29/I/1993. PLD 2000-FSC Page 1


1101. Sh.P.No.03/L/1996M/S Waqas Cloth House

etc.Vs.

N.B.P.L etc

Recovery of bank interest from petitioner (personal grievance regarding recovery of interest) challenged being repugnant to injunctions of Islam.



1102. S.P.No.4/I/1996Muhammad Mushtaq


Sec.4 of Muslim Family Laws Ord.1961

Disposed of 5.1.2000 in terms of the said judgment delivered in S.P.No.29-I-1993 PLD 2000-FSC Page 1

Appeal not filed

1103. Sh.P.No.04/L/1996Rehmani Hardwar

Store & othersVs.

N.B.P.L


Having no merits dismissed in limine on 8.6.1998 as the Court had already dealt with the controversy about the Riba aginst the injunctions of Islam vide PLD 1992 FSC 1 (Dr. Mehmood-ur-Rehman Faisal Vs. Secretary Ministry of Law & Justice).


1104. S.P.No.5/I/1996Mrs. Marry-el-Effendi

Vs. Fed. Govt. of Pakistan

and another

General Order by the Governor General in Council No.179


Appeal not filed

1105. Sh.P.No.05/L/1996Shaikh Azmat Ali etc.


Section 4 of Land Acquisition Act, 1894 challenged being repugnant to injunctions of Islam.



1106. S.P.No.6/I/1996Mubarak Khan etc Vs.


Sec.4 of the Muslim Family Laws Ord.19961


Appeal not filed

1107. Sh.P.No.06/L/1996Abdul Bari

Vs.ADBP & others


Dismissed in limine having no merits on 30.6.1997 as the Court had already decided the subject matter of this law vide PLD 1992 FSC 1

Appeal not filed

1108. S.P.No.7/I/1996Muhammad Usman Ali


Notification No.F.2(10)ADG (R & R)/78 dated 1.12.1992 issued by M/o religious Affairs regarding correct spelling of word Mohammed (S.A.W)


Appeal not filed

1109. Sh.P.No.07/L/1996Shah Zaman Haider

GurmaniVs.


HBFC Act, 1952 and its regulations thereunder 1979 challenged being repugnant to injunctions of Islam.

Dismissed in limine vide Court order dated 30.6.1997 as the Court had already examined these laws reported as PLD 1992 FSC 501.


1110. S.P.No.8/I/1996Rukhshanda Zareen

Miraj Munir Vs.

Govt. of Pakistan

Personal relief Dismissed on 7.7.1997 for want of jurisdiction

Appeal not filed

196

1111. Sh.P.No.08/L/1996Muhammad Rafi etc.


etc.

Section 163 of Qanoon-e-Shahadat of 1984 challenged being repugnant to injunctions of Islam.

Petition was dismissed in limine on 9.6.1998 as counsel for the petitioner could not refer any Ayat of Quran or Hadith which could be made the basis of a declaration of the said law.


1112. S.P.No.9/I/1996Shahid Aurak Zai Vs.

The State

Challenged varies of judgment dated 24.3.1996 by a Full Bench of Hon. S .C, in al-Jihad Trust Vs. Federation of Pakistan


Appeal not filed

1113. Sh.P.No.09/L/1996M/S Abdul Shakoor

Salim & Co.Vs.

N.B.P.L etc.

Section 8(2) (3) of Banking Companies (Recovery of Loans) Ordinance, 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam.

In view of the decision of this Court in Dr. Mehmood-ur-Rehman Faisal Vs. Secretary Law and Justice vide PLD 1992 FSC page 1, petitioner did not press this petition and withdrew the same on 8.6.1998.


1114. S.P.No.10/I/1996Mehdi Hassan Musa Vs. Federation of Pakistan

Sec.4 of Muslim Family laws Ord.1961


Appeal not filed

1115. Sh.P.No.10/L/1996Asghar Ali

Vs.ADBP etc.

Recovery of bank interest from petitioner (personal grievance) regarding recovery of interest challenged being repugnant to injunctions of Islam.

In view of the decision of this Court in Dr. Mehmood-ur-Rehman Faisal Vs. Secretary Law and Justice vide PLD 1992 FSC page 1, petitioner did not press this petition and withdrew the same on 8.6.1998.


1116. S.P.No.11/I/1996Khalil Ahmad




Appeal not filed

1117. S.P.No.12/I/1996Muhammad Nawaz Vs.

ADBP

Against Interest Disposed of as withdrawn on 19.5.1999


1118. S.P.No.13/I/1996Syed Niaz Hussain Shah


and another







1119. Sh.P.No.1/I/1997Saleem Mehmood Chehl

VsPresident of Pakistan

Challenged that the creation existence and constitution of Federal Shariat Court declared as repugnant to the Injunctions of Islam.

Dismissed. The Court has no jurisdiction to Entertain and here this petition.Order dated; 15-6-1999


1120. Sh.P.No.01/L/1997Mufti Ghulam Sarwar

QadriVs.


Linked WithCr.Misc.No.04/I of 1997

Article 91 of Constitution of Pakistan and rule of a woman challenged being repugnant to injunctions of Islam.

Dismissed having no jurisdiction on 17.2.2000.


197

1121. S.P.No.01/B–L/1997Habibullah

Vs. Muhammad Aslam

Rizvi

Fatwa regarding declaring Habibullah as non-Muslim on the ground that he used contemptuous remarks about the Holy Prophet (P.B.U.H) challenged being repugnant to injunctions of Islam

The fatwa does not come under the definition of law as such it is out of jurisdiction of this court and disposed of as such vide order dated 19.2.1997

Appeal not filed

1122. Sh.P.No.1/K/1997Masood Ali Rizvi


etc

The petitioner has challenged the decision of the Government declaring Sunday Weekly Holiday instead of Jumma vide Notification No. 3/4/97 public dated 24-2-1997.

Dismissed in limine on 30.7.2001 as this Court cannot declare the decision of observance of Sunday as public Holiday void and repugnant to injunctions of Islam.

Appeal not filed

1123. Sh.P.No.2/I/1997Mushtaq Ahmed

VsThe Ministry of Law etc


Challenged Section 19(3) of the Income Tax Ordinance, 1979. (Exemption of Rent in respect of self owned House).

Dismissed.The entire income Tax Ordinance has been repealed.Order dated; 6-6-2007.


1124. Sh.P.No.2/K/1997Syed Iqbal Haider

VsThe Federal


Marriage (Prohibitions of Wasteful Expenses) Ord. 1997 challenged being repugnant to injunctions of Islam

Disposed of as having become infructuous.Order dated; 6-12-1999

Appeal not filed

1125. Sh.P.No.02/L/1997M/S Jasam Col

Industries Pvt. Ltd Vs.

I.D.B.P

The Banking Companies (Recovery of Loan, Advance, Credit and Finance) Act, 1997, Banking Companies Ord. 1984 regarding recovery of interest challenged being repugnant to injunctions of Islam.

Dismissed in limine as well as on merit as the Banking Companies Ord. 1984 has been rendered infructuous in view of the repeal of said ordinance vide Court order dated 30.6.1997.


1126. Sh.P.No.3/I/1997Abdul Hameed Khan

VsThe Ministry of Law etc


Challenged Section 19(3) of the Income Tax Ordinance, 1979. (Exemption of Rent in respect of self owned House).

Dismissed.The entire income Tax Ordinance has been repealed.Order dated; 6-6-2007.


1127. Sh.P.No.03/L/1997Nazir Ahmed

Vs.General Manager HBFC

etc.

HBF Ord. challenged being repugnant to injunctions of Islam.

Disposed of as withdrawn 30.6.1997.

Appeal not filed

1128. Sh.P.No.4/I/1997Muhammad Azam Khan


Challenged Section 25(2) (a) and (b) of Banking companies Ordinance 1962, Section 8(2) (a) and (b) of Banking Companies (Recovery of Loans) Ordinance 1979. Rule 9(2) & 3 of Banking Companies rules 1963. Rule 9 Banks (Nationalization) payments compensation rules 1974 section 79 and 80 of Negotiable instrument act 1881

Dismissed in limine.The Court observes that no such relief can be allowed by this Court.Order dated; 30-6-1997.

Appeal not filed

198

are repugnant to the Injunctions of Islam.

1129. Sh.P.No.04 /L/1997Mst. Sharifan etc.


etc.


Disposed of on 5.1.2000 in view of the detailed judgment passed in S.P.No.29-I/1993 reported in PLD 2000 FSC page 1 with observation that section 4 of Muslim Family Law Ord. 1961, as presently enforced, is repugnant to the injunctions of Islam.


1130. Sh.P.No.05/I/1997Muhammad Anwar

MughalVs


Challenged Civil Servant Medical Attendance Rules 1980 para 2(d) whereby only one wife has been made entitled for medical Treatment.

Disposed of as withdrawn.The matter has already been decided by Supreme Court of Pakistan.Order dated; 10-12-1997

Appeal not filed

1131. Sh.P.No.05/L/1997Hafiz Ubaid-ur-Rehman


Paragraph No.7, 8, 10, 13, 14, 15, 17 to 19 of the West Pakistan Land Reforms Regulation, 1959 (MLR-64) and sub para 2(d) of para 32 of Lands Reform Regulation, 1972 (MLR-115) challenged being repugnant to injunctions of Islam.

Disposed of by the consent of parties and by way of withdrawal on 28.2.2007


1132. Sh.P.No.6/I/1997Dr. M.Aslam Khaki


Challenged Section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

Disposed of as withdrawn because the Woman protection Act, 2006 has been made.Order dated; 07-05-2008.

Appeal not filed



Linked with40/L/1992

Challenged Section 5 and 6 of Punjab Tenancy Act 1887 be declared repugnant to the injunctions of Holy Quran and Holy Sunnah.



1134. Sh.P.No.7/I/1997Abdul Ghafoor &

anotherVs


Along with

Sh.Misc.App.No.26/I of 1997

Challenged Section 15 of Punjab Pre-emption Act, 1991.

Application for restoration of appeal.

Dismissed for non-prosecution.Order dated; 9-12-1997


Appeal not filed

1135. Sh.P.No.07/L/1997Ghulam Fatima etc. Vs.

Muhammad Hussain etc.

Deprivation of right from inherent Property challenged being repugnant to injunctions of Islam.

Hon’ble Court has dismissed this petition in limine and held that the petition in essence is for the grant of relief in personam which again is beyond the ambit of jurisdiction of this Court as vested in it by the Constitution vide court order dated 9.6.1998.


1136. Sh.P.No.8/I/1997Nazar S. Bhatti


The petitioner is a Christian has contended that the Islamic laws implemented in Pakistan have been made applicable to non-Muslims which


Appeal not filed

199

adversely affect their religious and personal Law.

1137. Sh.P.No.08/L/1997Muhammad Yasin etc.

Vs.A.D.B.P & others

Recovery of interest on loan challenged being repugnant to injunctions of Islam.



1138. Sh.P.No.9/L/1997Muhammad Ashiq

VsADBP etc


Disposed of as withdrawn on dated 8-6-1998.

Appeal not filed

1139. Sh.P.No.10/I/1997Muhammad Amir &

othersVs


Section 4 of Muslim Family Laws Ordinance, 1961.

The Court has declared that the Muslim Family Laws Ordinance, 1961 are repugnant to the Injunction of Islam and it is directed that the president of the Islamic Republic of Pakistan shall take steps to amend the law so as to bring the above provisions into conformity with the injunctions of Islam.Judgment dated; 05-01-2000. PLD 2000-FSC Page 1


1140. Sh.P.No.10/L/1997Mst. Sharam Mahi

VsADBP



Appeal not filed

1141. Sh.P.No.12/I/1997Dr. Muhammad Yaqoob

BhattiVs

Government of PakistanL/W

S.P.No.2/K/1997.

An applications have been submitted by cooks working in various marriage halls have challenged Sections 4(1), 5, 6 & 7 of the marriage (prohibition of wasteful Expenses) Ordinance, 1997.

Disposed of as having become In fructuous.Order dated; 6-12-1999.


1142. Sh.P.No.13/I/1997Muhammad Nawaz

BaluchVs


Challenged Section 160 of the Pakistan Air Force Act, 1953.



1143. Sh.P.No.15/I/1997Syed Zakir Hussain

ShahVs


Challenged Sections 5, 10, 13, 14 and Sub Sections (1),(2),(5),(7) of Section 19 Section 22, Sub Sections (1),(3),(4),(5),(8) of Section 25, Section 26, 30, 31, 32, 38, 39 & the schedule of the Anti-Terrorism Act, 1997



1144. Sh.P.No.16/I/1997Sajjad Ahmed Javed

BhattiVs


Challenged Section 2(16) and Section 4 of the Wealth Tax Act, 1963.



1145. Sh.P.No.17/I/1997Mr. Kowkab Iqbal


Challenged Section 7(4) Contempt of Court Act, 1976.

Dismissed for non-prosecution. This Court has already been examined this point on 12-10-1983 in his Judgment.Order dated; 12-2-2002.


1146. Sh.P.No.18/I/1997Maulana Muhammad

AfzalVs

Challenged Section 3 of Contempt of Court Act, 1976.

Dismissed for non-prosecution Order dated; 9-12-1999.


200

The State1147. Sh.P.No.20/I/1997

Muhammad RasheedVs

Federal Government of Pakistan

Challenged Rule (4-1) and (8-vi) section 7-A Federal Public service Commission Ord. 1977.

Dismissed in limine.This Court observes that the system of FPSC is not repugnant to the Injunctions of Islam.Order dated; 8-12-1997.


1148. Sh.P.No.21/I/1997Amir Alam Notikani

VsGovernment of Punjab

Challenged the letter No. Punjab Agricultural Development & Supplies Corporation/9064/DM-RYK /3353-57 dated 3-10-1997 (payment of Markup an L.D charges (relating Interest)).



1149. Sh.P.No.22/I/1997Raja Muhammad Afzal


Application against the Election of President.

Disposed of as with drawn.7.1.1998


1150. Sh.P.No.23/I/1997Malik Abdur Rehman


Petitioner who was the candidate for the president Election of Pakistan has filed petition against the rejection is nomination paper by the Chief Election Commission.






1151. S.P.No.1/I/1998Raja Muhammad

AfzalVs.

Chief Election Commissioner etc

Article 41(3) and Article 1 to 22 constitution Islamic Republic of Pakistan regarding president of Pakistan. Petitioner praying that the Hon’ble Court may kindly be declared the Article 47 (1 to 8) Article 248(1 to 4) is being repugnant to the Injunctions of Islam.


Filed in the Supreme Court of Pakistan and dismissed as with drawn on 4.11.2004.

1152. Sh.P.No.1/L/1998Khalid Iqbal

Vs.The Secretary, Ministry

of Law etc

Challenged section 4 of Muslim Family Laws Ordinance, 1961 being repugnant to injunctions of Islam.

Disposed of on 5.1.2000 in the terms of the judgment delivered in S.P.No.29/I-1993 PLD 2000 FSC Page 1


1153. Sh.P.No.01/K/1998Burhanuddin Pathan

Vs. ADBP etc.

Provisions of ADBP Ord. 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam.

Dismissed as withdrawn on 19.11.1998. The Hon’ble Court has already examined this law in the case of Mehmood-ur-Rehman Faisal Vs. Secretary Law & Justice reported as PLD 1992-FSC 1


1154. S.P No.01/P/1998Farooq Ahmed

Vs.Fed: of Pakistan

Pakistan Air Force Act, 1953 regarding dismissal from service challenged being repugnant to injunctions of Islam.


Appeal not filed

1155. Sh.P.No.2/L/1998M.Ghulam Hussain Sial

Challenged section 4 of Muslim Family Laws

Disposed of on 5.1.2000 in the terms of the judgment delivered

Appeal not filed

201

Vs.Federal Govt: of

Pakistan

Ordinance, 1961 being repugnant to injunctions of Islam.

in S.P.No.29/I-1993

1156. Sh.P.No.2/I/1998Pirzada Iftikhar Ahmad

Vs...Govt. of Pakistan


M.Kokab Iqbal etc Vs. Govt: of Pakistan

Linkedwith

S.P.No.25/I/1994I.A.Sherwani


Linkedwith

S.P.No.27/I/1994Ex. Service Men

Association Talagang Vs.. Government of

PakistanLinkedwith

S.P.No.28/I/1993I.A.Sherwani Vs..


The petitioner has challenged to setaside discrimination between old and new persioners.



1157. S.P.No.3/I/1998Z.A. Sheikh


Personal grievance regarding sale of price bond Numbers. Petitioner praying that the Hon’ble Court may kindly be declared as being repugnant to the Injunctions of Islam.

Disposed of on dated 6-12-1999. Appeal has not filed.

1158. Sh.P.No.3/L/1998Rana Sardar Ahmad


and another


Dismissed in limine on 8.6.1998. The court has observed that the provisions of the House Building Finance Corporation Act (Act XVIII of 1952) and House Building Finance Regulation, 1979 have also been examined by this court in M.Iqbal Chaudhry, Advocate High Court Vs. Federation of Pakistan and others reported as PLD 1992 FSC 501.

Appeal not filed

1159. S.P.No.4/I/1998Raja Muhammad

AfzalVs.

Justice Syed-u-Zaman Siddique

Regarding oath of Supreme Court Judges Article 178, Article 203(B) (C) constitution of Islamic republic of Pakistan.


Appeal not filed

1160. Sh.P.No.4/L/1998Muhammad Irshad Vs.

ADBP etc


Disposed of as withdrawn on 8.6.1998, in view of the decision of this Court in Dr.Mehmood-ur- Rahman Faisal Vs. Secty: Ministry

Appeal not filed

202

of Law, Justice and Parliamentary Affair, Govt: of Pakistan and other reported as PLD 1992 FSC page 1.

1161. S.P.No. 5/I/1998Abdul Hadi

Vs.Suleman Bhatti etc

Personal grievance regarding Civil Suit.

Dismissed on dated 24-6-1998. Appeal in filed in the Supreme Court of Pakistan and dismissed on dated 27-2-2004

1162. S.P.No.5/L/1998Dr. Abdul Basit


etc

Challenged the reservation of seats in the National and Provincial Assembly for so called Ahmadis Group as mentioned in Article 51(2-A) and article 106(3) of the Constitution being repugnant to the injunctions of Islam


Appeal filed in the Hon’ble Supreme Court of Pakistan and dismissed for Non-prosecution on dated 18-12-2005.

1163. S.P.No.6/I/1998Muhammad Ilyas

Farooq BhattiVs.


Regarding Interest of House Building Finance Corporation.


1164. S.P.No.6/L/1998Ghulam Hussain

Vs.Muhammad Iqbal etc

The Petitioner has challenged that the mother and daughter cannot consumed with one husband (respondent) seeking prosecution and punishment of respondent.

Dismissed as withdrawn on 26.1.1999, so as to avail of the remedy before the High Court.


1165. Sh.P.No.7/I/1998Capt,(Retd)Mukhtar

Ahmed SheikhVs


Challenged Article 151(4) of the Qanoon-e-Shahadat Order 1984.

Allowed.11.2.2009This court has declared that Article 151(4) of the Qanoon-e-Shahadat Order 1984.Judgment SD 2009 Page 594 , PLD 2009 FSC Page 65

Appeal has filed in SC. Pending

1166. Sh.P.No.7/L/1998Mian Ghulam Murtaza


Hiba- Bill-Sharat-Ul-Iwaz is repugnant to the injunctions of Islam.

Dismissed for non prosecution on 25.7.2007.


1167. S.P.No.8/I/1998Humayun Iqbal Shami


Regarding recruitment rules notified vide SRO- 42(KE)/88 dated 26-4-1988.issued by the establishement division

Dismissed on date 9-10-2000. Appeal is filed in the Supreme Court of Pakistan and dismissed on dated 11.5.2009..

1168. Sh.P.No.8/L/1998M.S Ali Cotton Factory

etcVs.

National Bank of Pakistan etc

Recovery of interest with markup on loan challenged being repugnant to injunctions of Islam.

Disposed of as withdrawn on 27.1.1999, so as to avail the remedy of stay of the recovery before the court before which the proceedings are now pending in appeal.


1169. S.P.No.9/I/1998Abdul Majeed Abbasi


Challenged citizenship Laws regarding Quadianis.

Dismissed for non-Prosecution on dated 17-5-1999.

Appeal not filed

1170. Sh.P.No.9/L/1998Muhammad Ahmad Vs.

ADBP etc

To declare the provisions of interest Act, 1839 and ADBP Rules 1961 as repugnant to the injunctions of Islam.

Disposed of as withdrawn on 27.1.1999, so as to avail the remedy before an appropriate court


203

1171. S.P.No.10/I/1998Muhammad Ashraf Qureshi & another



Disposed of on dated 5-1-2000. Detail Judgment regarding Family Laws in sh.P.No.29/I-1993,PLD 2000 FSC Page 1

Appeal not filed

1172. Sh.P.No.10/L/1998Mustafa Yousaf

Vs.Small Business Finance

Corporation etc


Disposed of as withdrawn on 28.1.1999, so as to avail the remedy before an appropriate forum i.e. the High Court





Disposed of on dated 5-1-2000. Detail Judgment regarding Family Laws in Sh.P.No.29/I-1993. PLD 2000 FSC Page 1

Appeal not filed

1174. Sh.P.No.11/L/1998Pervaiz Iqbal

Vs.General Manager

Punjab Provincial Co-Operative Bank Limited

and two others

Under Article 203-D Islamic Republic of Pakistan challenging, 1973 Article 2, 2-A, 24, 31, 37 and 38 (F) praying therein that protection fo property (Recovery of interest) with markup on loan challenged being repugnant to injunctions of Islam.

Disposed of as having not been pressed on 17.5.1999, in view of judgment of this Court delivered in the case of Dr.Mehmood-ur Rahman Faisal Vs. Secty: Ministry of Law and Justice reported as PLD 1992 FSC 1 whereby the interest on the loans from Co-operative banks has inter-alia been held to be opposed to the injunctions of Islam.




Section 12, 2, 4 and 5 of the Child Marriage Restraint Act, 1929

The petition cannot proceed. The same is consigned to record on dated 29-4-2004.

Appeal not filed

1176. Sh.P.No.12/L/1998Mirza M.Yasin

Vs.NBP of Pakistan and the

State


Disposed of as withdrawn on 28.1.1999, so as to avail the remedy before an appropriate forum.




Muslim Family Laws Ordinance, 1961 as being repugnant to the Injunctions of Islam.

Disposed of withdrawn on dated 17-5-1999.

Appeal not filed

1178. Sh.P.No.13/L/1998Shamim Ahmad Khan


etc

Praying for declaration that the rules framed by the Government with regard to the benefit of the deceased officers are against the Holy Quran, Sunnah and Islam.

Disposed of as withdrawn on 28.1.1999, so as to avail the remedy before an appropriate forum


1179. S.P.No.14/I/1998Haji Zardul Khan


Section 11, 8, 40, 21, 22, 30, 34 and 56 of Frontier Crime Regulation 1901 as being repugnant to the Injunctions of Islam.



1180. S.P.No.15/I/1998Copt(R) Mukhtar

Ahmed Sh.Vs.


Section 4, 5, 8 and 10 of Pakistan citizenship Act, 1951being repugnant to the Injunctions of Islam.


Appeal not filed

1181. S.P.No.16/I/1998OGDC


Section 34 of the Land acquisition Act, 1894 being repugnant to the Injunctions of Islam.

Dismissed on dated 17-5-1999. Appeal not filed

1182. S.P.No.20/I/1998Senator Asif Ali Zardari

Ethesab Act IX of 1997 being repugnant to the

Dismissed withdrawn on dated 14-9-2000.

Appeal not filed

204


Injunctions of Islam.

1183. S.P.No.21/I/1998Saleem Mirza


Petitioner prayed that Khula without the consent of the husband having force of Law through Judicial preachment in repugnant to the Injunctions of Islam.

Dismissed for non Prosecution on dated 26.5-1999.

Appeal not filed

1184. S.P.No.22/I/1998Raja Muhammad Afzal


Article 2-B Shariat Bill as being repugnant to the Injunctions of Islam.


Appeal not filed

1185. S.P.No.23/I/1998Saleh Urari Dago

Tanzanian etcVs.


Para 27 Judgment of Federal Shariat Court dated 26-6-1990 in Criminal Suon moto No. 18/K of 1990 State Vs. Anwar


Appeal not filed

1186. S.P.No.24/I/1998Islam Hussain


Challenged Section 27(B) of Banking Company Ordinance, 1962.


Appeal not filed

1187. S.P.No.25/I/1998S. M. Shafiq

Vs.Mehtab Industries

Limited

Regarding sale Tax reduces from 18% to 12.5% vides SRO No.561(1)/94,dt.9.6.1994.


Appeal not filed

1188. S.P.No.26/I/1998Master Ejaz Hussain


Regarding Services Rule.





1189. Sh.P.No.1/L/1999Muhammad Khalid Vs.

The State anothers

Challenged sub-section ’c’ of section 9 of the Control of Narcotics Substances Act, 1997 (Act XX of 1997) and the Act as whole being repugnant to the injunctions of Islam.

Dismissed on 21.12.2001, being misconceived and devoid of force.


1190. Sh.P.No. 1/K/1999Muhammad Mian Shafaq Siddiqui


etc

Provisions of Limitation Act whereby a suit cannot be filed when it is barred by time challenged being repugnant to injunctions of Islam.

Dismissed the Court has not find any substance in the petition.Order dated; 11-5-2007.


1191. S.P No.01/P/1999Mombar Bacha

Vs. ADBP etc.

Interest Act, 1839 and ADBP Rules regarding recovery of interest challenged being repugnant to injunctions of Islam

Disposed of as withdrawn on 8.3.1999 in view of the judgment of this Court passed in Dr. Mehmood-ur-Rehman Faisal Vs. Govt. of Pakistan reported as PLD 1992 FSC 1

Appeal not filed

1192. S.P.No.2/I/1999Haji Abdul Rahim

PanezaiVs.

The Federation of

Petitioner has challenged section 4 of the Baluchistan Cancellation of illegal allotment of State Land

Dismissed for Non-Persecution on 19-5-1999.

Appeal not filed

205

Pakistan Act 1996 as being repugnant to the Injunctions of Islam.

1193. Sh.P.No.2/L/1999Khan Bahadar Sheikh

Muhammad Naqi WaqfVs.

Federation of Islamic Republic of Pakistan etc

Challenged provisions of section 21 of the Wealth Tax Act, 1963 so far as these are applicable to Waqf ul Aulad may very graciously be declared unlawful, without jurisdiction and of no legal effect being Injunctions of Islam.

Disposed of as withdrawn on 25.9.2001 the wealth Tax which have been Challenged through this petition have been repealed.

Appeal not filed

1194. S.P No.02/P/1999Willayat Khan

Vs.ADBP & others




1195. Sh.P.No.3/L/1999Qazi Hussain Ahmad


Challenged Article 203-E of the Constitution of Islamic Republic of Pakistan 1973.

Disposed of as anfractuous on 30.3.2000, as per order in S.Misc.No.15/I/1997

Appeal not filed

1196. S.P No.03/P/1999Bakht-ur-Rehman

Vs.ADBP etc.

Interest Act, 1839 and ADBP Rules regarding recovery of interest challenged being repugnant to injunctions of Islam.



1197. S.P.No.4/I/1999Cpt(R) Mukhtar Sheikh

Vs.Government of Sindh

Sindh Rented Premises (Amendment)Ordinance,1984 and Sindh Rente Premises Ordinance, 1979, (i) 4 as being repugnant to the Injunctions of Islam.

Returned to the petitioner. Appeal not filed


JavidVs.


Challenged vires of section 2, (c) ,(d ),(e) (f) and section 8 of Banking Companies (recovery of loans, advances, credits and finances) Act, 1997 may kindly be declared as being to the Injunctions of Islam.

Dismissed in limine on 15.6.1999 on the ground the validity of interest on loans, business finances etc, which proposition has already been examined by this Court and Riba/ interest has already been declared by this Court to be repugnant to the Injunctions of Islam.

Appeal not filed

1199. S.P No.04/P/1999Saeedullah

Vs.ADBP etc


Disposed of as withdrawn on 9.3.1999 in view of the judgment of this Court passed in Dr. Mehmood-ur-Rehman Faisal Vs. Govt. of Pakistan reported as PLD 1992 FSC 1.


1200. S.P.No.5/I/1999Government of Pakistan


etc

In this shariat Petition the petitioner has challenged the court Judgment on Interest (PLD 1992-FSC-1), in this petition the petitioner has prayed to declare the principles of Islam on the basis of which the existing Laws relating to Riba are examined.

The petitioner wants to withdraw his application Disposed of on 30-3-2000.

Appeal not filed

206

1201. Sh.P.No.5/L/1999Madrassa-Tul Banat, through Abaidul Haq

KhanVs.

Chairman Evacuee Trust Board etc

The petitioner is prayed that the respondent having committed contempt of Article 203-G and 203-GG read with articles 2 and 2-A of the Constitution may kindly be proceeded against in accordance with law.


Appeal not filed

1202. S.P No.05/P/1999Raz Muhammad

Vs.ADBP etc.




1203. S.P.No.6/I/1999Haji Siraj-ul-Huda etc

Vs.Registrar Coop.

societies etc

The petitioner has challenged section 28 of Interest Act, 1939 read with Section 59 of Cooperative Societies Act, 1925 and Rules 14(1)(H) 22 and 41 of Cooperative Societies Rules 1927 as being repugnant to the Injunctions of Islam.

This Court as already declared the Interest the Injunctions of Islam Dr. Mehmood-ur-Rehman Faisal Vs. Government of Pakistan reported as PLD 1992-FSC-I. Dismissed in limine on 28-5-1999.

Appeal not filed

1204. S.P.No.6/L/1999Muhammad Hussain

NiazVs.


Challenged provision of interest upon the loan being repugnant to injunctions of Islam.

Disposed of as withdrawn on 15.6.1999 on the ground that the petitioner would like to first make an application to House Building Finance Corporation (respondent No.3) for entering into a new contract under the mark-up system.

Appeal not filed

1205. S.P No.06/P/1999Muhammad Rehman

Vs. ADBP etc.




1206. Sh.P.No.7/I/1999Abdul-Rehman


The petitioner has challenged the Government regarding publicity in charity as being repugnant to the Injunctions of Islam.

The petition, therefore, being misconceived and unwarranted by facts and law is hereby dismissed in limine on 6-6-2000.

Appeal not filed

1207. Sh.P.No.7/L/1999Ahmad Riaz


Challenged section 7 of Muslim Family Laws 1961 being repugnant to injunctions of Islam.

Disposed of as withdrawn on 15.12.199, the petitioner is allowed to file fresh petition to challenge viries of section 7 of Muslim Family Laws, 1961 on the touch stone of Quran and Sunnah.

Appeal not filed

1208. S.P No.07/P/1999Haji Lajbar

Vs.ADBP etc.




1209. S.P.No.8/I/1999Saad Ahmed


Pakistan etc

The Rule of expulsion made by the Government through Pakistan medical and Dental Council for the examination of M.B.B.S 1st professional only in

The petitioner has filed this petition apparently to seek personal relief from this Court but the same being relief in personem cannot be claimed in the jurisdiction of this Court so this petition is misconceived

Appeal not filed

207

Medical colleges in Pakistan being repugnant to the Injunctions of Islam.

before this Court dismissed accordingly on 9-12-1999.

1210. Sh.P.No.8/L/1999Syed Shaukat Ali

BukhariVs.

Small Business Finance Corporation and one

other

Challenged provisions of interest on loan being repugnant to injunctions of Islam.

Disposed of on 15.2.2000 as withdrawn, in view of the judgment in Riba, by this court and Shariat Appellate Bench of Supreme Court of Pakistan, seek remedy before a competent forum.

Appeal not filed

1211. Sh.P.No.9/I/1999Mumtaz Khan

Vs.ADBP

The petitioner has challenged office Memorandum No. E &D/DP-III.2 (166)/96 /379 -389 dated 3-3-1996 being un-Islamic.

Dismissed in limine on 18-5-1999. Petition being not the maintable

Appeal not filed


JavidVs.


Challenged vires of section 2,(c),(d ),(e) (f) and sections 9,11,15 and other provisions regarding interest/riba of Banking Companies (recovery of loans, advances, credits and finances) Act 1997 being repugnant to injunctions of Islam.

Dismissed as infructious on 15.2.2000, on the ground that no relief can be granted in personnel under the jurisdiction of this court.


1213. S.P.No.10/I/1999M. S. Mehtab Industry


Regarding Interest Section 15 of Banking Company (Recovery of loan) Act, 1997.

Disposed of withdrawn on 31-5-2000.

Appeal not filed

1214. Sh.P.No.10/L/1999Sarwar Ali Anwar

Vs.Small Business Finance

Corporation etc


Disposed of as withdrawn on 15.2.2000on the ground that the petitioner may seek remedy before a competent forum


1215. S.P.No.11/I/1999Shamsul Haq


Section 215 Jail Manual Section 5(1) Official Secrets Act, 1923 request for remission of sentence.

Disposed of withdrawn on 5-6-2000.

Appeal not filed

1216. Sh.P.No.11/L/1999Ch.Sajjad Ahmad

Vs.City Bank etc

Challenged section 15 of Banking Companies (recovery of loans, advances, and financing) Act, 1997 being repugnant to injunctions of Islam.



1217. Sh.P.No.12/L/1999Malik Sakindar Hayat


etc

Challenged the first FIR proviso to section 497 Cr.P.C. to the extent of granting bail to a woman in the case of willful Zina/adultery /fornication being repugnant to the injunctions of Islam.



1218. S.P.No.12/I/1999Master Ejaz Hussain Vs. Government of Pakistan

L/WS.P.No.61,62/I/1992

L/WS.P.No.4/I/2004

Rules 225, 242, 243, 244, 45,248,249 of Chapter 9 entitled. The Classification and Separation of Prisoners. Rules 250,252,253,254,255,256,257,261,262,263,264,

Partly allowed on 28.8.2009, to the extent that that the provision which authorizes the government and the Inspector General Prisons to grant special sanction for the employment of a dismissed Government Servant or a previous convict has been


208

266,267 of Chapter 10 entitled Superior Class Prisoners, Rules 180, 181, Chapter 7 entitled: General Rules Relating to Prison Officers. Section 30(2) Prisons Act, 1894 and Rules 624(f), 633 of Chapter 25 entitled: Prisoners in cells.

declared violative to the Injunctions of Islam as it is not only discriminatory but it confers arbitrary powers on the Government. This petition bears fruit to that extent alone.

1219. S.P.No.13/I/1999Muhammad Pervez

Vs.UBL.

Personal grievance. Disposed of on dated 18-5-1999. Appeal not filed

1220. Sh.P.No.13/L/1999Khuda Bakhsh

Vs.ADBP etc


Dismissed as infructuous on 15.2.2000 on the ground that no relief can be granted in personnem under the jurisdiction of this court


1221. S.P.No.14/I/1999Mst. Burhan Bi etc


Section 4 of Muslim Family Laws.

Disposed of on 5-1-2000. Appeal not filed

1222. S.P.No.14/L/1999Khuda Bakhsh

Vs.ADBP etc


Dismissed as infructuous on 15.2.2000 on the ground that no relief can be granted in personnem under the jurisdiction of this court


1223. S.P.No.15/I/1999Shamshad Khan etc

Vs.Registrar Cooperative

Societies NWFP

Section 82 of West Pakistan Land Avenue Act, 1967 being repugnant to the Injunctions of Islam


1224. S.P.No.15/L/1999Rana Muhammad Jamil

etcVs.


Challenged the provisions of ADBP Ordinance, 1961. Recovery of interest with markup on loan challenged being repugnant to injunctions of Islam.

Disposed of as withdrawn on 15.2.2000, in view of the judgment in riba by this court and Shariat Appellate Bench of Supreme Court of Pakistan. Seek remedy before a competent forum


1225. S.P.No.16/I/1999M.S. Mehtab Industry


Challenged section 15 of Banking Companies (recovery of loans, advances, and financing) Act, 1997

Disposed of as withdrawn on 20-9-2001.

Appeal no filed

1226. S.P.No.17/I/1999M.S. Mehtab Industry


Challenged section 15 of Banking Companies (recovery of loans, advances, and financing) Act, 1997

Withdrawn on 31-5-2000. Appeal not filed

1227. S.P.No.17/L/1999Zakiullah



Disposed of as withdrawn on 15.2.2000, in view of the judgment in riba by this court and Shariat Appellate Bench of Supreme Court of Pakistan. Seek remedy before a competent forum


1228. S.P.No.18/I/1999Imtiaz Ahmed Hussain


Petitioner prayed that Adoption of child as being repugnant to the Injunctions of Islam.


Appeal not filed

1229. S.P.No.19/I/1999Malik Abdul-ur-Rehman



Disposed of on29-3-2000.The full bench of this court on same subject in 29/I/1993 linkded with other petitions has been

Appeal filed in the Supreme Court of Pakistan Pending

209

exaimened.1230. S.P.No.21/I/1999

Abdul-ur-Rehman Siddiqui

Vs.Finance Division etc

Section 15 of Finance Division O. M. No. dated 18-8-1983 regarding advance increment (Esta Code)


1231. S.P.No. 22/I/1999Mst. Riaz Begum

Vs.Manger ADBP etc

Personal grievance regarding Interest.

Dismissed of 30-3-2000. Appeal not filed

2000 S. No. Shariat Petition No. &



1232. Sh.P.No.1/I/2000Badr Anwar

Vs.The State

Section 3, 5, 6-B,8-B offence of Qazaf Ordinance,1979

Dismissed in limine on 6-6-2000. Appeal not filed

1233. Sh.P.No.1/L/2000Ateeque Hussain

VsHBL etc

Article 1 and 2 of the Constitution of the Republic of Pakistan, 1973 for the Declaration of Interest, Riba is Against the Injunction of Islam.

Dismissed as withdrawn. The Court held that no personal relief can be granted.Order dated; 1-10-2001

Appeal not filed

1234. Rew.Sh.P.No.1/I of 2000

Abdul Hafiz khokhrVs.


Capital Territory Punjab, Sindh, NWFP, Baluchistan Local Government Ordinance, 1979.


1235. S.P No.01/P/2000Fazal-e-Qadir


Order dated 17.3.1985 passed by Director General ISI Islamabad regarding termination of petitioner (personal grievance) U/s 13 of civil sevent act. 1973 .Challenged being repugnant to injunctions of Islam,

Petition was dismissed as withdrawn on 28.3.2007

Appeal not filed

1236. Sh.P.No.1/K/2000Inayat ullah and

anotherVs

Sectary Ministry of Agriculture

Government of Sindh etc

Challenged Section 18(3), (6) of the Agriculture pesticides Ordinance, 1971.

Dismissed.The Court has observe that this law has been enacted and amended, while no provision of the amended law has been found to be contrary to the Injunctions of Quran and Sunnah.Judgment dated; 6-4-2009. SD 2009 FSC -816

Appeal not filed

1237. S.P.No.2/I/2000Bashir Hussain



Disposed of as withdrawn on 7-6-2000.

Appeal not filed

1238. Sh.P.No.2/L/2000Abdul Sattar

VsRafiq Khan and another

Petition for Share of Inheritance. (Share of Grandson).

Dismissed.Neither any Act not any Section of Law has been in this petition to be against the Quran Verses or Hadidh of Holy Prophet. Apart from that personal relief is being sought through this petition which this Court neither can

Appeal not filed

210

consider nor grant.Order dated; 27-9-2001.

1239. Sh.P.No.3/L/2000Botty Khan

VsThe Government of

Pakistan

The petitioners has filed petition against 34 Respondent. (Petition for possession through Pre-emption).

Dismissed.Personal relief involved in this petition. The Court has not given personal relief.Order dated; 26-9-2001.

Appeal not filed

1240. Sh.P.No.4/L/2000Ahmed Riaz

VsThe Government of

Pakistan

Challenged Section 7 of Muslim Family Laws Ordinance, 1961 being repugnant to the Injunctions of Quran and Sunnah of the Holy Prophet.

Disposed of as withdrawn.Personal relief can’t be granted by this Court.Order dated; 1-10-2001.

Appeal not filed

1241. S.P No.04/P/2000Falak Naz

Vs.HBFC Sawat etc.

No specific law regarding recovery of interest challenged being repugnant to injunctions of Islam


Appeal not filed

1242. Sh.P.No.5/I of 2000Abdul Hafiz khokhr


Capital Territory Punjab, Sindh, NWFP, Baluchistan Local Government Ordinance, 1979.


1243. Sh.P.No.5/L/2000Syed Shahid Hussain

VsThe Government of

Pakistan

Petitioner has Challenged a provision of Muhammadan Law. Under which a father may transfer his whole property to one of his heir by way of ‘Hiba’ excluding other heirs as being repugnant of Injunctions of Islam.

Dismissed in limine.The Court has already been decided this point vide this Court judgment dated 28-9-2001 in Sh.P.No.6/L of 2000.Order dated; 2-10-2001.


1244. Sh.P.No.6/L/2000Mst. Aman Mai

VsThe Government of

Punjab etc

Challenged Section 142 Chapter II (Gifts) of Muhammadan Law being repugnant to the Injunctions of Islam.

Dismissed in limine.The Court has declared that the legal heirs are entitled to due share in the property only after his death and the inheritance devolves only after his death, as no one can be called a “legal heir” during the life time of a proposition. Regarding the moral aspect of the transactions carried out by a person, it suffices to say that the he would be answerable to Almighty Allah. 28-9-2001


1245. Sh.P.No.7/I/2000Haji Muhammad Nawaz

KhokhrVs.

Chief Executive Pakistan

Section 9 of National Accountability Bureau Ordinance, 1999 as being repugnant to the Injunctions of Islam.

Dismissed as withdrawn on 13-9-2000.

Appeal not filed

1246. Sh.P.No.8/I/2000Asghar Ali Bhatti

Vs.University of Punjab

Personal grievance. Regulation 4 proviso (3) of Punjab University Lahore.


Appeal not filed

1247. Sh.P.No.8/L/2000Khalil-uz-Zaman

VsFaqirullah etc

Challenged Section 302(B), 306, 308, 309 and other provisions of Qisas and Diyat ordinance are inconformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah of

Dismissed.The Court has found that the Full Bench of Supreme Court of Pakistan setting a side of this matter which will be setting up not only bad and unhealthy precedent but will also be against all provisions of the Constitution. 15-2-2001.


211

the Holy Prophet(S.A.W.)

1248. Sh.P.No.9/I/2000Shahab-ud-din


MLR-114 regarding complsory retirement form service.

Dismissed inlimine on 18-9-2001 Appeal filed in the Supreme Court of Pakistan and dismissed on 30-4-2009

1249. Sh.P.No.10/I/2000Jawad Ahmed Khan


Section 2(f) and 15 of banking Company (Recovery of Loan Advance credit and Finances) Act, 1997 as being repugnant to the Injunctions of Islam.



BhattiVs.


Marriages (Prohibition n of Wasteful Expanses) Ordinance, 1997.

Disposed of in view of coming into force amending Act bearing No.iv of 2006, on 14-2-2007

Appeal not filed

1251. Sh.P.No.12/I/2000Fazal Muhammad


Section 2(f) and 15 of banking Company (Recovery of Loan Advance credit and Finances) Act, 1997 as being repugnant to the Injunctions of Islam.

Dismissed on 20-9-2001 Appeal not filed




1252. Sh.P.No.1/I/2001Umaid Ali Qureshi


etc

Challenging section 17(1-A) WAPDA (Second) Amendment Ordinance, 1999 (Ordinance) IX of 1999. Relating compulsory retirement.

Disposed of because the August Supreme Court of Pakistan has granted relief prayed for by the petitioner Order dated; 11-9-2007.


1253. S.P No.01/Q/2001Bashir Ahmed


Section 7 of the Suppression of Terrorist Activities Act, 1975 challenged being repugnant to injunctions of Islam

Disposed of on 18.4.2004 as the Act is procedural and is beyond of jurisdiction of this Court.


1254. Sh.P.No.2/L/2001Syed Zahoor Hussain

ZaidiVs


Requested that respondents may kindly be directed to take steps and made arrangements for collection of Khamus from Muslim Shias and also established an Institution/body/ Authority for its fair distribution among “Mustehaeen” Sadat.

Disposed of as withdrawn on 4-10-2001.The Court has no jurisdiction to grant personal relief or directed the government to grant leave to any personal in any form, sought permission to withdrawn this petition.

Appeal not filed

1255. Sh.P.No.2/I/2001 Majeed-ullah

VsAl-Zamin Leasing

MODARBA

Request through petition for recovery of the principal amount in easy installment in respect of amount of Rs. 24, 80, 984/- with markup.

Dismissed.Shariat Misc has also dismissed because this Court has already been adjudicated and decide vide Judgment reported in PLD 1993-FSC-1 and PLD 2000 SC 225.Order dated; 20.9.2001.


212

1256. Sh.P.No.3/L/2001Dr. Muhammad Masood

AhsanVs


Challenged Section 295-C of PPC with regard to blasphemy is declared against Injunction of Islam.

Disposed of.This Court has already been passed judgment reported as PLD 1991 FSC-10, on the issue raise in this petition.Order dated; 3-10-2001.


1257. Sh.P.No.5/I/2001Muhammad Yousaf


& 2 others

Challenged the Speech of Moulvi Muhammad Azim, Imam Masque Village Kussak District Chakwal hold that the Jumma Prayer of only ten adult Namzis being opposed t the customs and usages of Islam. Fiqah of Imam Hanifa, and Injunctions of Islam

Dismissed in limine. Because the petitioner has not specifically challenged any particular law or provision of law.Order dated; 18-9-2001.


1258. Sh.P.No.7/I/2001Umer Dheri etc


etc

Challenged the Order the forums provided under PATA (Nifaz-e-Shariah) Regulation, 1994. Section 122 & 123 of MLR.

Dismissed in limine because both these orders have challenged before the Peshawar High Court in revision which is still pending decision. Oder dated; 18-9-2001.

Appeal not filed

1259. Sh.P.No.10/I/2001Sheikh Aftab Ahmed


Challenged section 17(3) of Banking Companies (Recovery of Loans Advances, Credits and Finances) Act, 1997.



1260. Sh.P.No.11/I/2001Muhammad Hayat

VsFederation Government

of Pakistan

Females in Judiciary & Females Magistracy in Islamic state are Un-Islamic Republic of Pakistan.

Dismissed. Raised point has already been adjudicated and decided by this Court vide judgment in Shariat petition 4/K of 1982.Order dated; 20-9-2001.

Appeal not filed

1261. Sh.P.No.12/I/2001Mst. Najma Bibi

VsMuhammad Mukhtar

and another

Challenged Section 19 of the divorce Act, 1869 being repugnant to the Injunctions of Islam. (Without “Hilala” remarriage between the Ex- spouses who had effectively been divorced is a nullity).

Dismissed in limine being incompetent petition.Order dated; 30-10-2001.





1262. Sh.P.No.1/K/2002Muhtarma Benazir Bhutto and another

VsFederation of PakistanThrough Secretary of

Finance

The petitioner has challenged the MLO’s “21” of CMLS and “26” of MLA zone “C“ President’s order 4 of 1978 and President order”6” of 1979 to be repugnant to the injunctions of Islam

The Court has directed that (i) Martial Law order No.21, dated: 17-10-1977 (ii) Martial Law order No.26, dated 28-9-1977 issued by the Martial Law Administrator Zone “C” (iii) President’s order No.4 of 1978 dated:26-3-1978, (iv) Presidents order “6” of 1979 dated 28-2-

Appeal has filedCivil Shariat Appeal. No.1 of 2010.( Mazhar Alam another Vs. The Federation of Pakistan and another).

213

and thus of no legal effect and requested to the Hon.Court may pleased to direct the respondent to handover the properties and assets of trust to the petitioner.

1979 are entirely repugnant to the above mentioned Injunctions of Islam. The decision of this Court regarding the afore-mentioned impugned Martial Law order’s shall take effect from the dated of announcement of this Judgment/dicision dated 15-4-2010.PLD 2010 FSC Page-229.

1263. Sh.P.No.2/I/2002Naseem Hussain Shah

VsBalqees Akhtar and

Jamil Abbasi etc

That the declaration to the effect that the provisions relating to giving of notice of Talaq and its withdrawal thereafter before ninety days thereof under Muslims Famil Laws Ordinance, 1961 is repugnant to the Injunctions of Islam.



1264. Sh.P.No.2/L/2002Hamad Bashir

VsThe Government of

Punjab

The petitioner has filed petition against the HBFC and requested to way of the Interest.

Dismissed in limine.The petition is based on personal grievance which is beyond the jurisdiction of this Court.Order dated; 24-10-2002.


1265. Sh.P.No.3/L/2002Sh. Sajjad Hussain etc

VsSmall Medium

Enterprises Bank Limited etc

The petitioner has filed petition against the Interest of the Small Medium Enterprises Bank Limited which is known as SBFC that the charging of Interest in the account No.N-III-19 is repugnant to the Injunction of Islam.

Dismissed in limine.The petition is based on personal grievance which is beyond the jurisdiction of this Court.Order dated; 24-10-2002


1266. Sh.P.No.3/I/2002Abdul Hafeez Khokar

VsThe Province of Punjab

Challenged the Punjab Local Government Ordinance 2001, being repugnant to the Injunctions of Islam.

Disposed of because the petitioner has died and other inmates have migrated and the same be consigned to the record.Order dated; 15-12-2004.


1267. Sh.P.No.4/I/2002Moulvi Said Bahadur


& others

Martial Law Regulations No. 122 &123 of 1972.



1268. Sh.P.No.6/I/2002Bukhari Shah & another


Challenged Section 25 of the Anti Terrorism (Courts) Act 1997 and Section 7 of the suppression of Terrorist Activities (Special Courts) Act, 1975 (protected under section 39-B of the Anti Terrorism (Courts) Act, 1997 being repugnant to the Injunctions of Islam.



1269. Sh.P.No.7/I of 2002Nazir Ahmad Khawaja


The petitioner has challenged under Article 203-D of the Constitution of Islamic Republic of Pakistan

The petitioner has sent an application for its withdrawl so the petitioner has been dismissed as withdrawn 19-10-2010.


214

1973 to examine Election commission order 2002 (Chief Exectutive’s order No.1 of 2002) clause “7” of 2002 and to declare its repugnant to the Injunction of Islam

1270. Sh.P.No.8/I/2002Maqsood Ahmed etc

VsRehmat and Province of

Punjab

Request to declare the institution of adoption of Child as repugnant to the Injunction of Islam.



1271. Sh.P.No.09/I/2002J. Salik


& others

Challenged Section 8-F of the Election Law 2002 (Chief Executive order No.7/2002. Petitioner feels that the recent amendments in the Election Laws have deprived virtually the minorities of their rights guaranteed by Islam & the Constitution whereby any citizen could contest for reserved seats as an independent candidate. The present amendments have cannot contest Election on the minority reserved seats except when they are enlisted members of a political party.



1272. Sh.P.No.11/I/2002Muhammad Saeed -

ullah KhanVs

Secretary Government of NWFP etc

The NWFP Urban Immovable Property Tax (Amendment) Ordinance, 2001 (ordinance IV of 2001) be declared repugnant to Sharia.

Dismissed because the petition is not meintable before this Court under Article 203-D of the Constitution Judgment dated; 28-8-2008.PLD 2009 FSC Page 33





1273. Sh.P.No.1/I/2003Abdul Majeed


Challenged Pakistan Arms Ordnance No XX of 1965 and Arms Rules 1924 with the prayer to declare these repugnant to the Injunction of Islam.

Dismissed in limine.The Court as declared that the impugned law and Rules having been duly made of the general welfare and security of Umma at large are not against the injunctions of Islam.Judgment dated; 5-11-2003.PLD 2004 FSC-PAGE-1.

Appeal filed

Dismissed on .7.5.2009.

1274. Sh.P.No.1/L/2003Zahoor Medi Faisal

VsElection Commissioner

of Pakistan

Challenged Sub-section 2 of Section 11 of the Senate Act, 1975. “ Every proposal shall be made by a separate nomination paper in

Dismissed in limine.After detail discussion the Court has not found these sections as repugnant to the Injunction of Islam.Judgment dated 7-3-2007.


215

the prescribed form which shall be signed by the proposer and the secondar and contain a declaration signed by the candidate that he consents to the nomination and that he is not subject to any disqualification for being or being elected as a member”

1275. Sh.P.No. 02/I/2003Raja Abdul Latif &

anotherVs

Secretary Industries & others

Challenged Section 4 & 7 of Chapter-IV of Utility Store Corporation of Pakistan Service Rules 1992 being repugnant to the Injunctions of Islam.

Dismissed on request of petitioner.Order dated; 8-1-2004.


1276. Sh.P.No.3/I/2003Farukh Aftab

VsRoyat Hilal Committee

etc

Request to examine and declare the system of Ruyat Hilal Committee on the tech stone of Quranic Injunctions.

Dismissed because the petitioner did not press the petition.Order dated; 24-1-2005.


1277. Sh.P.No.5/I/2003Muhammad Suleman

VsZonal Manager Habib Bank Limited &others

Prayed that the Court to declare the recovery of interest on Loan issue to petitioner by Banking Courts as repugnant to the Injunctions of Islam.



1278. Sh.P.No.5/L/2003Ahmad Yar etc

VsBashir Ahmad

Challenged section 4 of the Muslim Family Laws Ordinance, 1961. Share of grand son and granddaughter.

Disposed of withdrawn.The Court has declared that Challenged matter under consideration before the Shariat Appellate Bench of the Supreme Court of Pakistan. Under the circumstances, the learned counsel seeks permission to withdraw this petition. Order dated; 23-1-2007.



VsDr. M. D. Bhatti etc

Petition interest/Riba is declared against the Injunction of Islam.

Dismissed as Withdrawn.Order dated; 07-03-2007

Appeal not filed

1280. Sh.P.No.10/L/2003Muhammad Naseem

VsADBP etc

Petition against the interest of law of ADPB.

Dismissed for non-prosecution.Orders dated;

1. 26-2-2007

Appeal not filed





KhakiVs.

Rules 225, 242, 243, 244, 45,248,249 of Chapter 9 entitled. The Classification and

SHARIAT PETITION NO.4/I/2004,mentioned at page No.6 of the main Judgment dt.28.8.2009(jail


216


L/W

S.P.No.61/I/1992L/W

S.P.No.62/I/1992L/W

S.P.No.12/I/1999

Separation of Prisoners. Rules 250,252,253,254,255,256,257,261,262,263,264,266,267 of Chapter 10 entitled Superior Class Prisoners, Rules 180, 181, Chapter 7 entitled: General Rules Relating to Prison Officers. Section 30(2) Prisons Act, 1894 and Rules 624(f), 633 of Chapter 25 entitled: Prisoners in cells.

manual) the matter of this petition has been discussed in detail in segment 13 of the judgment, the petition is allowed to that extent, Disposed of accordingly .27.5.2010

1282. Sh.P.No.6/I/2004Muhammad Fayaz


Pakistan

Linked With

Sh.P.no.27/I/1992Abdul Salam


Challenged Section 3 of the Majority Act, 1875 in so far as it provides ceiling of 18 years for attaining majority under the said Act, is in conflict with section 370 of the Muhammadan Law, where under a father is bound to maintain his son until he attains the age of puberty.

Challenged Section 3 of the Majority Act, 1875 in so far as it provides ceiling of 18 years for attaining majority under the said Act, is in conflict with section 370 of the Muhammadan Law, where under a father is bound to maintain his son until he attains the age of puberty.

Dismissed.8.6.2007For the purpose of legislation a specific age limit has to be fixed by the legislature so that the parties who enter litigations in this respect are conveniently bound by a definite law to follow the same, without indulging in further controversies and complications for determination of puberty.PLD 2007 FSC Page 1

-do-


1283. Sh.P.No.10/I/2004Rashid Bin Zain


Challenged the Family Courts (Amendment) Ordinance 2002 (Ordinance No.LV of 2002)

Disposed of.The petitioner has moved an application for withdrawal of the petition. The point has been discussed connected Sh.P.No.20/I of 1999 which is still pending.Order dated; 3-4-2007


1284. Sh.P.No.11/I/2004Imran Ali


etc

Challenged the Family Courts (Amendment) Ordinance 2002 (Ordinance No.LV of 2002), Family court ACT.1961

Dismissed for non-prosecution.Order dated; 11-5-2007The petition has been Restored on 6-7-2010 but the petitioner has sent an application for withdrawl the petition so the petition has been dismissed as withdrawn on 19-10-2010.


1285. Sh.P.No.12/I/2004Bukhari Shah & another


etc

Challenged Article 45 of the Constitution, being repugnant to Quran and Sunnah as there under ‘the President shall have power to grant pardon, reprieve, respite and to remit, suspend or

Dismissed in limine. The Court has declared that the provision of Constitution among others have been expressly excluded from the jurisdiction of this Court.Order dated; 13-2-2007


217

commute any sentence passed by any court, tribunal or other authority’.

1286. Sh.Misc..No.51/I/2004L/W

Sh.Misc..No.12/I/2005

Ghulam Sadiq Vs.

The State

In this application different rates in the increase in pension afforded by the Government to retired civil servants has been Challenged

The petition is not meaintable which been missed conceived and has Dismissed in limine. SD 2006 Page 247





1287. Sh.P.No.1/I/2005Haji Amir Zedi

VsProvince of NWFP

Challenged Section 3(1) (2) of the Shari Nizam-e-Adll Regulation 1999 (N.W.F.P. Regulation No.1 of 1999) being repugnant to injunctions of Islam.

Dismissed Order dated; 2-4-2007

Appeal not filed

1288. Sh.P.No.2/I/2005Bashir Ahmed

VsThe Government of

Punjab

Challenged Section 114 of Punjab tenancy Act, 1887 being repugnant to injunctions of Islam.

Dismissed Order dated; 15-3-2007


1289. Sh.P.No.3/I/2005Mr. Abdul Razzaq etc

VsSpecial Judge Anti Terrorist Court etc

Challenged the impugned order passed by special Judge Anti Terrorist Court II Lahore dated 22-7-2002. Is un-Islamic as the learned Court was under legal obligation to decide the case on merits.

Dismissed as withdrawn. Order dated; 2-4-2007


1290. Sh.P.No.3/L/2005Saleem Ahmed


Pakistan

Linked With

Challenged the decree of dissolution of marriage which is granted on the basis of Khula, though amendment Ordinance No.45 of 2002 by the President in Family Court Act, 1964 and also.2. That the Section 10(4) of the Family Court Act, 1964. Whereby the said amendment is contrary of Quran and Sunnah.

Dismissed.The Court has declared that is no specific verse authentic Ahadith that provides a bar to the exercise of jurisdiction by a competent Qazi to decree the case of Khula agitated before him by a wife, after reconciliation fails. As discussed above in detail. The Ayaat and Ahadith relied upon by the petitioners neither specifically relate to the issue of Khula nor to the lack of authority of a Qazi duly authorized by an Islamic. State to resolve the disputes between husband and wife. The interpretation of the said Verses and Ahadith is also not unanimous.


218

Sh.P.No.2/L/2006Muhammad Selman

YahyaVs


Linked With

Sh.P. No. 7/I/2007Abdu-ur-Rahman Lodi

VsThe Government of

Pakistan

Linked With

Sh.P. No. 2/K/2007Sheraz Akram


Linked With

Sh.P.No.1/K/2007S. Mehiuddin M.

BukhariVs


Linked With

Sh.P.No.3/K/2007S. Matanat Mouzzam

BukhariVs


Challenged the decree of dissolution of marriage which is granted on the basis of Khula, though amendment Ordinance No.45 of 2002 by the President in Family Court Act, 1964 and also 2. That the Section 10(4) of the Family Court Act, 1964. Whereby the said amendment is contrary of Quran and Sunnah.

Challenged the decree of dissolution of marriage which is granted on the hasis of Khula, though amendment Ordinance No.45 of 2002 by the President in Family Court Act, 1964 and also 2. That the Section 10(4) of the Family Court Act, 1964. Whereby the said amendment is contrary of Quran and Sunnah.


Challenged the decree of dissolution of marriage which is granted on the basis of Khula, though amendment Ordinance No.45 of 2002 by the President in Family Court Act, 1964 and also 2. That the Section

Judgment dt; 28-5-2009

-do-

-do-

-do-

-do-

-do-

Appeal has filed.

Appeal has filed.

219

10(4) of the Family Court Act, 1964. Whereby the said amendment is contrary of Quran and Sunnah.

1291. Sh.P.No.5/I/2005Eng. Majeed ur Rehman

VsThe State

Challenged Article 3 of the Qanun-e-Shahadat Order X of 1984 the last line of paragraph No.4 that “the Court may take the evidence of a witness who may be available” is in contravention of the teaching of Holy Quran and Sunnah and the Holy prophet.

Dismissed On 11-5-2007 Appeal has not filed.

1292. Sh.P.No.6/I/2005Khan Muhammad


Linked With

Sh.P.No.1/L/2005Khan Muhammad


Pakistan

Challenged section 345(2) Cr.P.C may kindly be declared to be void to the extent of not approving partial compromise in cases of Qatl-e-Amd U/s 302(b) PPC as laid down in Holy Quran and Sunnah.

Challenged section 345(2) Cr.P.C may kindly be declared to be void to the extent of not approving partial compromise in cases of Qatl-e-Amd U/s 302(b) PPC as laid down in Holy Quran and Sunnah.

Dismissed in limine.The Court has already been discussed that the sentence has been awarded under Ta’zir under section 302(b) PPC has not been made compoundable unless all the legal heirs of the deceased agree for the same and therefore no confusion in the law. The August Shariat Appellate Bench of Supreme Court to Pakistan has been Examined the old provision of Section 302 PPC and Section 345 & 381 Cr.P.C etc at the touchstone of the Holy Quran and Sunnah. In reported Judgment The Federation of Pakistan Vs Gul Hussain PLD 1989 SC 633. Order dated; 10-6-2005.

-do-

Appeal has filed.

1293. Sh.P.No. 7/I/2005Pakistan cotton Ginners

AssociationVs

The Federation of Pakistan etc

In this petition chellanged rule no.45 ,83,134,142,143,144,and 147 of the Constutition Islamic Republic of Pakistan 1973.

The appeal has been dismissed on 22.10.2008.The appeal remanded to the FSC and first hearing has been fixed on 26.8.2009.Pending.

Appeal has filed. In Supreme Court and the appeal has been allowed and setaside the impugned judgment of the FSC and remanded the case for fresh diecion on the

220

petition 21.4.2009.

1294. Sh.P.No. 8/I/2005Qureshi M.Aslam

VsThe Federation of

Pakistan

Article 179 Constitution of Pakistan regarding retaing age of judges.

Dismissed in limine 3-4-2007. Appeal has not filed.

1295. Sh.P.No. 9/I/2005Molvi Iqbal Haider

VsThe Federation of

Pakistan

Section 10(4) offence of zina ord.1979 & section anti terrorism act.1997.

Dismissed inlimine 15.12.2005PLD 2006 FSC PAGE-26.

Appeal has filed.In view of rule 5 order of the 35 of supreme court rule 1980, the case file has directed to be consigned to the record for indefinite period till some body terms up for its revival. Dated 15-5-2009

1296. Sh.P.No.10/I/2005Abdur Rasheed

Vs. Shamim Akhter etc.

The provision added by family courts (amendment order 2002 is against the Injunctions of Islam).

Dismissed on. 22.10.2007 Appeal has not filed.




1297. Sh.P.No. 1/L/2006Mst. Ghafoora Bibi

VsThe Federal


Section 7 of the Anti terrorist Act, 1997 (hereinafter referred to as “the Act”) that it is repugnant to the Injunctions of Islam as contained in the Holy Quran and Sunnah of the Holy Prophet in so far as it does not recognize right of waiver or afu to be exercised by walies of the deceased or compounding the offence as a whole and has prayed that be said section be amended and brought in conformity with the Injunctions of Islam.

Dismissed in limine because the Court has no jurisdiction for grant stay on the execution of black warrant against the petitioner which has passed and issued by Apex Court in Criminal Misc Application No.3/L of 2006.Judgment dated; 13-3-2006PCLJ 2006 PAGE-812.

Appeal has filed as having been infrustuous on 27-11-2008.

1298. Sh.P.No.2/L/2006Muhammad Selman

YahyaVs

Federation of PakistanLinked With

Sh.P.No.3/L/2005

Challenged the decree of dissolution of marriage which is granted on the basis of Khula, though amendment Ordinance No.45 of 2002 by the

Dismissed.The Court has declared that is no specific verse authentic Ahadith that provides a bar to the exercise of jurisdiction by a competent Qazi to decree the case of Khula agitated before him


221

Linked WithSh.P. No. 7/I/2007

Linked WithSh.P. No. 2/K/2007

Linked WithSh.P.No.1/K/2007


President in Family Court Act, 1964 and also 2. That the Section 10(4) of the Family Court Act, 1964. Whereby the said amendment is contrary of Quran and Sunnah.

by a wife, after reconciliation fails. As discussed above in detail. The Ayaat and Ahadith relied upon by the petitioners neither specifically relate to the issue of Khula nor to the lack of authority of a Qazi duly authorized by an Islamic. State to resolve the disputes between husband and wife. The interpretation of the said Verses and Ahadith is also not unanimous. Judgment dt; 28-5-2009

1299. Sh.P.No.2/I/2006Aslam Khaki


2(f) section 8 and 25 of PEH. Ord.1979, Prohibition of intoxicant drinks

Dismissed it accordingly,28.5.2009 PLD 2010 FSC PAGE-191

Appeal has filed. In Supreme Court

1300. Sh.P.No.3/I/2006Abdul Aleem

VsMst. Shehzadi

Filed petition and urged that the dissolution of marriage by way of khula without the consent of the husband is repugnant of Quran and Sunnah.

Dismissed.The Court has no jurisdiction to grant any personal relief.Order dated;11-5-2007

Appeal not filed

1301. Sh.P.No. 3/L/2006Khushi Muhammad



Disposed of.The Court has declared that Challenged matter under consideration before the Shariat Appellate Bench of the Supreme Court of Pakistan. Under this circumstances, the learned counsel seeks permission to withdraw this petition. Order dated; 7-3-2007


1302. Sh.P.No.4/I/2006Musarat ullah Khan

VsThe Government of

Pakistan

Challenged Section 8 of Hadood Ordinance, 1979 as repugnant to the injunctions of Islam.

Dismissed for non-prosecution.Order dated; 29-1-2008The petition has been restored on 6-7-2010 but the petitioner has requested for its withdrawn accordingly this petition has been dismissed as withdrawn on 19-10-2010

Appeal not filed

1303. Sh.P.No.5/I/2006Musarat ullah Khan

VsThe Government of

Pakistan

Challenged Section 8 &9 of P.O.4 of 1979. Being repugnant to the injunctions of Islam.

Dismissed for non-prosecution.Order dated; 29-1-2008,The

petition has been restored on 6-7-2010 but the petitioner has requested for its withdrawn

accordingly this petition has been dismissed as withdrawn on

19-10-2010


1304. Sh.P.No.6/L/2006Rana Altaf Hussain &

anotherVs

The State etc

Challenged the Section 164 of the Qanun-e-Shahadat Order, 1984 which relates to production of modern devices is against Quran and Sunnah inasmuch as DNA test tends to destroy the conclusive presumption which attaches to the legitimacy of a child born during a valid Nikah/Marriage.

Dismissed in limine as withdrawn.The court has declared without going into the question whether DNA test furnishes irrefutable evidence as to the legitimacy or otherwise of a child, the attention learned counsel was invited to the provision of section 164 of the Qanun-e-Shahadat itself where under the Court may if it considers appropriate allow to be produced any evidence that my have become available because of modern devices, therefore, the


222

discretion would lie with the Court which may or may not exercise its jurisdiction for production of any modern devices. Order dated; 28-2-2007.

1305. Sh.P.No.7/I/2006Abdul Jalil

VsThe State

Petitioner has sought a declaration third Amendment Order, 1980 (P.O.No.14 of 1980) to Article 227 of the Constitution of Islamic Republic of Pakistan adding “explanation” to it is repugnant to the Injunction of Islam as laid down in the Holy Quran and Sunnah.

Dismissed in limine.12.2.2007Article 302-B(c) falls under Chapter 3 A of the Constitution and the makers of the Constitution while zealously guarding the jurisdiction and powers of the Federal Shariat Court have expressly kept out the Federal Shariat Court from taking cognizance among others of the provisions of the Constitution. The has , therefore in respectful disagreement with the Hon’ble high Court that Federal Shariat Court is vested with the power to examine any constitution provision being voilative under Article 203-D of the Constitution of the Islamic Republic of Pakistan.





1306. Sh.P. No.1/I/2007Mian Abdul Razzaq

AmerVs

Federation of Pakistan L/W

Sh.P.No.3/I/2007L/W

Sh.P.NO.1/I/2010

The petitioner has challenged the provision of 376,496 B and 496 C of PPC( Act.XLV of 1860 as inserted by proction of women Criminal law ammendement)the injunction of Islam.

The Court has declared on 22-12-2010 that the protection of women (Criminal Law Amendment) Act, 2006. And Control of Norcatics substances Act, 1997.Violate of Article 203DD of the constituation of Islamic Republic of Pakistan, 1973, and directed Federal Government to take necessary setps to amend the impugned laws till 22.6.2011. Where after impugned Judgment of the Federal Shariat Court will be operative as on 22-6-2011. Fit for reporting, PLD 2011,FSC Page-1 ( Part Februarey )

Civil Shariat Appeal 2 of 2011.


(BY ANF through its DG Vs. Ch.Muhammad Aslam Ghuman

Appeal not filed

1307. Sh.P.No.1/K/2007S. Mohi-Ud-Din


Linked With Sh.P.No.3/L/2005

Linked WithSh.P. No. 7/I/2007

Linked WithSh.P. No. 2/K/2007


Linked WithSh.P.No.2/L/2006

Challenged the decree of dissolution of marriage which is granted on the basis of Khula, though amendment Ordinance No.45 of 2002 by the President in Family Court Act, 1964 and also 2. That the Section 10(4) of the Family Court Act, 1964. Whereby the said amendment is contrary

Dismissed.The Court has declared that is no specific verse authentic Ahadith that provides a bar to the exercise of jurisdiction by a competent Qazi to decree the case of Khula agitated before him by a wife, after reconciliation fails. As discussed above in detail. The Ayaat and Ahadith relied upon by the petitioners neither specifically relate to the issue of Khula nor to the lack of authority of a Qazi duly authorized by an Islamic. State to resolve the disputes between husband and wife. The interpretation of the said Verses and Ahadith is also not unanimous. Judgment dt; 28-5-2009

Appeal has filed.

223

of Quran and Sunnah.

1308. Sh.P. No.3/I/2007Ch.Muhammad Aslam

GhumanVs

Federation of Pakistan L/W

Sh.P.No.1/I/2007

L/W

Sh.P.NO.1/I/2010

The petitioner has challenged the provision of section 5,6,7,of the proction of women(Criminal Laws Amendment act.2006 against the injection of Islam.

The Court has declared on 22-12-2010 that the protection of women (Criminal Law Amendment) Act, 2006. And Control of Norcatics substances Act, 1997.Violate of Article 203DD of the constituation of Islamic Republic of Pakistan, 1973, and directed Federal Government to take necessary setps to amend the impugned laws till 22.6.2011. Where after impugned Judgment of the Federal Shariat Court will be operative as on 22-6-2011. Fit for reporting PLD 2011,FSC Page-1 ( Part Februarey )

Appeal has file Civil Shariat Appeal 2 of 2011.




1309. Sh.P.No.3/K/2007S.Matanat Mouzam

BukhariVs.

Federation of PakistanLinked With

Sh.P.No.3/L/2005Linked With

Sh.P. No. 7/I/2007Linked With

Sh.P. No. 1/K/2007Linked With

Sh.P.No.2/K/2007 Linked With

Sh.P.No.2/L/2006


Dismissed.The Court has declared that is no specific verse authentic Ahadith that provides a bar to the exercise of jurisdiction by a competent Qazi to decree the case of Khula agitated before him by a wife, after reconciliation fails. As discussed above in detail. The Ayaat and Ahadith relied upon by the petitioners neither specifically relate to the issue of Khula nor to the lack of authority of a Qazi duly authorized by an Islamic. State to resolve the disputes between husband and wife. The interpretation of the said Verses and Ahadith is also not unanimous. Judgment dt; 28-5-2009

Appeal has filed.

1310. Sh.Misc .No.4/I/2007in

In Sh.P.No.4/I/2007 Zafar etc


The petitioner have Challenged under article 203 D of the constutition of Islamic republic of Pakistan praying theirin that section 302(b) PPC, 1860 and section 345(2) Cr.P.C ,50 for that all legal heirs of the victim to agree on Compromise, may gr-ciously declared to Holy Quran and Sunnah of the holy Prophet

The Court has dismissed for grant of stay of the execution of death sentence of the petitioners 6.4.2007 PLD 2009 FSC Page 62

Appeal not filed

1311. Sh.P.No.9/I/2007Maulvi Iqbal Haider


Challenged the PCO Order No.1, 2007 and oath of office (Judges) order 2007.

Disposed of.The petitioner has requested for withdrawal the petition. Request Allowed.Order dated; 25-3-2008.

Appeal not filed

2008

224

S. No. Shariat Petition No. & Party Names

Law Challenged FSC Decision Appeal filed in the Hon.Supreme Court of Pakistan or not with Status

1312. Sh.P.No.1/I/2008Society of transplant

physicians and surgeons Pakistan


Challenging the S.S. No.3(1), 5(1),(2) of S.7(1) of the transplantation of human organs tissues ordinance.2007

Dismissed on 20.4.2009.SD 2009 PAGE-641.

Appeal not filed

1313. Sh.P.No.1/Q/2008Jamil ur Rehman


Pakistan

The petitioner has challenged section 7 of Muslim Family Laws Ordinance, 1961 and requested to examine and deside the quistion of talaq as prescribed under section 7 of the ordinance.

In view of the decision of this court reported in 2000 SD Page 723 this petition has become infructuous and has been dismissed on 21-10-2008,


1314. Sh.P.No.5/I/2008Abdul Jalil Adil etc


Pakistan

Challenged Political Order, 2002.Political Parties Rules, 2002.National Assembly and Provincial Assemblies Allocation of Reserved Seats for Woman and non Muslims (Procedure) Rules, 2002 being repugnant to the Injunctions of Islam. Etc

Disposed of as withdrawn.The petitioner has requested for withdrawal of the petition with permission to file a fresh petition. Request has been Allowed.Order dated; 24-2-2009.





1315. Sh.Rew.P.No.1/I of 2009

Hasnain KhurshidVs


IN

Sh.P.No.2/I/2008Hasnain Khurshid

VsThe Government of

Pakistan

Filed Review petition in the light of Court order dated 22-1-2009 and stated that none such thing is available in the above mentioned decision. He further stated that his submission will not be decided in light of Quran and Sunnah.

Section 7 and 11 of the Punjab Waqf Properties Ordinance, 1979 (Ordinance IV of 1979).“Section 7 authorizes the Chief Administrator of Auqaf to take over the Waqf property by publishing a notification in the

The revew petition has been allowed and the S.P.No.2/I/2008 has been restored for regular hearing dated.13.5.2010.

Dismissed for non prosecution.The Court has already been examined by a Large Bench Court in Public Notice No. 229/P/84 dated 21-6-1984 and the Court, after considering the Punjab Waqf Properties laws, made the following observations in respect of sections7 and 11 which are being challenged by the petitioner.Order dated; 22-1-2009.

Appeal not filed

225

Official Gazette”.“Section 11 provides that any person calming any interest in any Waqf property in respect of……….Provide that section.

1316. Rew.Sh.P.No.2/I/2009Society of Transplant

Physicians and Surgeons Pakistan


through Ministry of Law Justice and Human

Rights, IslamabadIN

Sh.P.No.1/I/2008

Review Shariat Petition under Article 203-E(9) of the Constitution of Islamic Republic of Pakistan 1973 against the Judgment of the Federal Shariat Court dated 20-4-2009 in Shariat Petition No.1/I/2008

The Court has been dismissed in limini on 11-9-2009.

The review Petition has been filed in the Supreme Court and has been dismissed as withdrawn on 1-9-2010.

1317. Sh.P.No.3/K/2009Muhammad Siddiq Mirza

VsFederal Government

throughSecretary Ministry of Law Justice & Human Rights,

Islamabad

The Petitioner has challenged Articles 184, 209 and 211 of the Constitution of Islamic Republic of Pakistan which are against the Injunctions of Islam.

The Petition has been dismissed in limine 23-4-2010. PLJ 2011 FSC Page 49

The Petition has been filed in the Hon.Supreme Court.pending

2010S. No. Shariat Petition

No. & Party NamesLaw Challenged FSC Decision Appeal filed in the

Hon.Supreme Court of Pakistan or not

with Status

1318. Sh.P.No.1/L of 2010Mian Muhammad

MurtazaVs


Under sections 3(1),(2) and 4 of West Pakistan Family Court Act, 1964 (xxxv) of 1964

The Petition has been dismissed on 29-9-2010

Not filed in the Supreme Court

1319. Sh.P.NO.1/I/2010Abdul Latif Sufi

VsFederation of

PakistanL/W

Sh.P. No.1/I/2007 Mian Abdul Razzaq

Aamer

L/WSh.P.No.3/I/2007

Ch.Muhammad Aslam Ghuman

The petitioner has challenged the provision in section 5, 6 and 7 of the Protection of woman (Criminal law amendment) Act No.VI of 2006as being against the injunction of Islam.

The Court has declared on 22-12-2010 that the protection of women (Criminal Law Amendment) Act, 2006. And Control of Norcatics substances Act, 1997.Violate the Article 203DD of the constituation of Islamic Republic of Pakistan, 1973, and directed Federal Government to take necessary setps to amend the impugned laws till 22.6.2011. Where after impugned Judgment of the Federal Shariat Court will be operative as on 22-6-2011. Fit for reporting PLD 2011,FSC Page-1 ( Part Februarey )

Appeal not filed





226

1320. Sh.P.No.3/I of 2010Muhammad Iqbal

MufakkirVs


The petitioner has been Challenged Article”16” Of Qanoon-e-ShahadatOrdinance.

This matter has already been decided in the case of Federation of Pakistan Vs Muhammad Shafi Muhammadi and another as 1994 PSC, Page 434. Order dt. 19,10.2010

Appeal not filed

1321.

decided shariat cases

Documents