Law: Constitution of Pakistan, 1973

Section: 203-DD,203-G

Law: Prohibition (Enforcement of Hadd) Order (4 of 1979)

Section: 3,4

Law: Criminal Procedure Code (V of 1898)

Section: 435,439,561A

(a) Constitution of Pakistan--- ----Arts. 203-DD & 203-G---Criminal Procedure Code (V of 1898), Ss.435, 439 & 561-A---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3 & 4---Manufacture, owning or possessing intoxicant---Revisional jurisdiction of High Court in Hadood matters---Scope---Conviction awarded to the applicants/accused persons by Judicial Magistrate, having been maintained and upheld by Additional Sessions Judge, applicants had filed revision application before High Court against s of courts below---Maintainability---Revision application under Ss.435 and 439, Cr.P.C., would be competent before High Court in respect of any proceedings before any criminal court---High Court, while exercising such powers, for the purpose of satisfying itself, as to the correctness, legality or propriety of any finding, sentence or order passed; and as to the regularity of any proceedings of such criminal court could call for record and examine the same---Such revisional power, however, did not lie with High Court in respect of the laws relating to the enforcement of Hudood---Under provisions of Arts.203-DD & 203-G of the Constitution, it was only the Federal Shariat Court which could call and examine the record of any case decided by any criminal court under any law relating to the enforcement of Hudood, for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order passed by such court---Revisional power of High Court in respect of Hudood matters, was excluded---By virtue of overriding provisions of Arts.203-DD & 203-G of the Constitution, no other subordinate legislation could confer any such jurisdiction even to the Supreme Court or to High Court in respect of any matter of which the jurisdiction lay with the Federal Shariat Court---Present revision application, was not maintainable before High Court, as jurisdiction in such matters exclusively lay with Federal Shariat Court---Application was ordered to be returned to the applicants, who could submit the same before the Federal Shariat Court. Saeed Ahmed v. The State 2003 PCr.LJ 546; Darya Khan v. The State PLD 1989 Kar. 115; Muhammad…

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