Case Details

Citation(s)
2013 SLG 1987 2013 SLD 1987 2013 PLC 1491
Federal Shariat Court
Shariat Petitions Nos.8/I of 2004 linked with 6/I, 8/I, 12/Iand 69/I of 1994, decision dated: 12-12-2012.
DR. FIDA MUHAMMAD KHAN, RIZWAN ALI DODANI AND SHEIKH AHMAD FAROOQ, JJ

Professor KAZIM HUSSAIN and othersvsGOVERNMENT OF PAKISTAN through Secretary, Ministry of Law, Justice and Parliamentary Affairs, Islamabad and othersProfessor KAZIM HUSSAIN and othersvsGOVERNMENT OF PAKISTAN through Secretary, Ministry of Law,

Law:

Section:

(a) Constitution of Pakistan-------Art. 203-D(1)---Federal Shariat Court---Jurisdiction---Jurisdiction conferred on Federal Shariat Court by the Constitution is confined only to Injunctions of Islam as contained in the Holy Qur'an and Sunnah of the Holy Prophet (may peace be upon him) and no other consideration or extraneous circumstance has any bearing on its s in Shariat petitions. (b) Islamic jurisprudence--- ---Equality before law---Hallmark of Islamic Injunctions is principle of equality before law and equal protection of law for all people, irrespective of their gender, colour or creed and there is no concept of discrimination in administration of justice between one person and another on any basis---No human being can be denied or deprived of any fundamental right, in social and legal perspectives, nor any judicial right can be reserved for any particular group on external consideration of his wealth, status, caste, colour or any other ground---Equality before law and equal protection of law is the cardinal principle, which runs like golden chord in all Injunctions of Islam. Holy Quran, Verses 4:1 rel. (c) Interpretation of statutes--- ----Rules under a statute and Office Memorandums---Object, purpose and scope---Rules made in pursuance of delegated authority must be consistent with statute under which they came to be made---Authority is delegated only to the end that provisions of statute may be better carried into effect and not with the view of neutralizing or contradicting those provisions---Purpose of framing Office Memorandums/Rules is just to facilitate and provide for procedural matters which are subsidiary to the provisions of Act itself---If rules framed under statutes or bye-laws framed under rules, are in excess of provisions of the statute or are in contravention of or inconsistent with such provisions, then such provisions/rules etc. must be regarded as ultra vires the statute and cannot be given effect to. (d) Constitution of Pakistan--- ----Art. 203-D---Office Memorandums No. R.2(3)/03, dated 31-7-2004, Ministry of Housing and Works, F-5(17)/Gaz-Imp(i)/73, dated 20-11-1974 & F.2(1)-R5/91, dated 25-8-1991, Ministry of Finance…
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