Law:

Section:

(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S. 10(4)---Anti-Terrorism Act (XXVII of 1997), S.7---Constitution of Pakistan (1973), Arts. 203-D & 227---Repugnancy to Injunctions of Islam---Petitioner had challenged vires of S.10(4) of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 as well as S.7 of Anti-Terrorism Act, 1997, on the ground that those were repugnant to Injunctions of Qur'an and Sunnah; as those carried the sentence of death as 'Tazir' without keeping in view prescribed standard of Tazkiya-Tush-Shuhud---Petitioner had prayed that both S.10(4) of Offence of Zina (Enforcement of Hadood) Ordinance, 1979 and S.7, Anti-Terrorism Act, 1997 be declared as repugnant to Injunctions of Islam and prayed for suspension of sentence awarded under the said sections---Contentions raised by petitioner were devoid of force as Verses of Holy Qur'an quoted by him did not at all pertain to issue under consideration---Said Verses in no way dealt, by any stretch of imagination, with the question of compoundability of punishment awarded under 'Tazir' by a Court of law---Term 'Tazir' was used for punishment which was not fixed by Holy Qur'an and Sunnah and was left to discretion of Head of State, Majlis-e-Shoora or Qazi and was based on principles laid down by Holy Qur'an and Sunnah---In fact it was a penal punishment which was actually a reformative, deterrent and punitive measure for those offences for which no Hadd punishment had been laid down in Shariat---Such punishments were considered by Muslim jurists throughout, to be in harmony with Hadd as they aimed at correction and eradication of various criminal/moral acts or Social evils---Tazkiya-Tush-Shuhud, though desired, was not a mandatory requirement for cases wherein Tazir punishment was awarded---Courts were to determine credibility of witnesses and to properly appreciate evidence on record before awarding any punishment to accused---Petitioner could not make any specific reference to any Verse of Holy Qur'an nor could cite any from Sunnah of Holy Prophet (peace be upon him) to support his contentions---Petition being not maintainable, was dismissed, in circumstances.…

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