| Citation(s) |
|---|
| 2017 SLG 1690 2017 SLD 1690 2017 PLD 39 |
Federal Shariat Court
Shariat Petitions Nos. 4/I, 1/I and 11/I of 2013, decisionDate : 18-11-2016, Heard on: 14-11-2016
ALLAMA DR. FIDA MUHAMMAD KHAN, JUSTICE, SHEIKH NAJAM UL HASSAN, JUSTICE, ZAHOOR AHMED SHAHWANI, JUSTICE, MRS. ASHRAF, JAHAN, JUSTICE
Mir Adam Khan and Fazal Shah Mohmand for Petitioners.M. Parvez Tanoli Standing Counsel for Federal Government.Iqbal Ahmed Durrani, Standing Counsel for FATA.Arshad Ahmed, Asstt. Advocate-General for Government of KPK.
Shariat Petitions Nos. 4/I, 1/I and 11/I of 2013, decisionDate : 18-11-2016, Heard on: 14-11-2016
ALLAMA DR. FIDA MUHAMMAD KHAN, JUSTICE, SHEIKH NAJAM UL HASSAN, JUSTICE, ZAHOOR AHMED SHAHWANI, JUSTICE, MRS. ASHRAF, JAHAN, JUSTICE
Mir Adam Khan and Fazal Shah Mohmand for Petitioners.M. Parvez Tanoli Standing Counsel for Federal Government.Iqbal Ahmed Durrani, Standing Counsel for FATA.Arshad Ahmed, Asstt. Advocate-General for Government of KPK.
ABID ALI BANGSHVSGOVERNMENT OF PAKISTAN THROUGH SECRETARY JUSTICE AND LAW DIVISION, ISLAMABAD AND 6 OTHERS
Law: Frontier Crimes Regulation (III of 1901)
Section: 8,11,21,23,24,25,26,30,32,34,36,40,52
Law: Constitution of Pakistan, 1973
Section: 203D
(a) Federally Administered Tribal Areas (Exclusion of Jurisdiction of Federal Shariat Court) Order (P.O. 5 of 1984)--.-- --.--Art. 2--.--Constitution of Pakistan, Arts. 203-D & 270A--.--Federally Administered Tribal Areas ("FATA")--.--Ouster of jurisdiction of the Federal Shariat Court--.--Scope--.--Federally Administered Tribal Areas (Exclusion of Jurisdiction of Federal Shariat Court) Order, 1984 ("the Order") was issued in view of the various circumstances and international phenomena at the relevant time, particularly in the neighbouring country, to render ineffective some decisions, relating to the Frontier Crimes Regulations, 1901, which were passed by the Courts--.--Ouster of jurisdiction laid down by the Order even in criminal/ revisional jurisdiction, could not be effective in all situations--.--Order in question had neither been specifically incorporated in the body of the Constitution nor been provided a cover by Art.270A of the Constitution--.--Order in question could not rank at par with the substantive provisions of the Constitution and, therefore, could not take away the jurisdiction of the Federal Shariat Court, conferred by the Constitution itself, and exclude FATA from its jurisdiction. PLD 1989 FSC.50 ref. (b) Interpretation of Constitution--.-- --.--Conflict between a sub-Constitutional provision and the Constitution--.--Sub-Constitutional provisions could never over-ride a provision of the Constitution. (c) Frontier Crimes Regulations (III of 1901)--.-- --.--Reglns. 8 & 11--.--Constitution of Pakistan, Art. 203-D--.--Shariat petition--.--Civil and criminal references to the Council of Elders--.--Procedure adopted by Council based on customs, usages and traditions of the area--.--Repugnancy to Injunctions of Islam--.--Most provisions of the Frontier Crimes Regulations, 1901 ("the Regulation") had deep relevancy with the customs, usages, conventions and traditions prevailing in that area--.--Prior to Islam, custom and usage was one of the major sources of law in many countries and especially in Roman law and it is still considered as one of the secondary source of Islamic law--.--Seeking guidance, assistance and of Council of Elders in…