| Citation(s) |
|---|
| 2017 SLG 1894 2017 SLD 1894 2017 CLD 1022 |
Federal Shariat Court
Shariat Petition No. 3/K of 2008, decision Date : 15-12-2016, hearing Date : 22-11-2016
DR. ALLAMA FIDA MUHAMMAD KHAN, JUSTICE, MRS. ASHRAF, JAHAN, JUSTICE
M. Aslam Butt, Deputy Attorney General and M. Pervez Khan Tanoli, Standing Counsel for Federal Government. Jam Asif Mehmood, Advocate on behalf of Ahmad and Qutubuddin Saim for
Respondents Nos. 2, 7, 12, 13, 17, 19, 20, 22, 23 and 24. Ghulam Murtaza and
Shariat Petition No. 3/K of 2008, decision Date : 15-12-2016, hearing Date : 22-11-2016
DR. ALLAMA FIDA MUHAMMAD KHAN, JUSTICE, MRS. ASHRAF, JAHAN, JUSTICE
M. Aslam Butt, Deputy Attorney General and M. Pervez Khan Tanoli, Standing Counsel for Federal Government. Jam Asif Mehmood, Advocate on behalf of Ahmad and Qutubuddin Saim for
Respondents Nos. 2, 7, 12, 13, 17, 19, 20, 22, 23 and 24. Ghulam Murtaza and
DR. SHAHID HASAN SIDDIQUI
VS
STATE BANK OF PAKISTAN & 30 OTHERS
Law: Constitution of Pakistan, 1973
Section: 203D
Law: Banking Companies Ordinance, 1962
Section: 33B
(a) Constitution of Pakistan--- ----Art. 203-D---Federal Shariat Court (Procedure) Rules, 1981, Rr. 7(d) & (e)--- Repugnancy to injunctions of Islam---Shariat petition---Maintainability---Scope---Federal Shariat Court, jurisdiction of---Scope---Under Art. 203-D of the Constitution, the Federal Shariat Court may, [either of its own motion or] on the petition of a citizen or the Federal Government or a Provincial Government, examine and decide the question whether or not any law or provision of law was repugnant to the Injunctions of Islam, as laid down in the Holy Quran and the Sunnah of the Holy Prophet (pbuh)---Where the petitioner neither challenged any law or provision of law as required under R. 7(d) & (e) of the Federal Shariat Court (Procedure) Rules, 1981, nor gave any particular Nass of the Holy Quran or Sunnah of the Holy Prophet (pbuh) relating to the relevant law or its provisions, supporting the petition, the same would be liable to be dismissed. (b) Banking Companies Ordinance (LVII of 1962)--- ----S. 33B---State Bank of Pakistan, BCD Circular No.29, dated 15.10.2002 ("the Circular")---State Bank of Pakistan Letter No.BPD/PU 34/SBP Scheme/9584/2005-4199 dated 12.04.2005---Shariat petition---Write-off of Irrecoverable Loans and Advances---Repugnancy to Injunctions of Islam---Impugned circular, whereby guidelines on write-off of irrecoverable loans and advances were issued by the State Bank of Pakistan had already expired with effect from 31.01.2005, and as such was no more in the field---Shariat petition was dismissed accordingly. (c) Banking Companies Ordinance (LVII of 1962)--- ----S. 33B---State Bank of Pakistan, BPD Circular No.16, dated 14.04.2005---Shariat petition---Federal Shariat Court, jurisdiction of---Scope---Policy of State Bank of Pakistan---Petitioner had challenged policy of the State Bank of Pakistan which being a procedural matter relating to the practical operation/transaction in the Domestic and Foreign Banks operating in Pakistan, was beyond the jurisdiction conferred upon the Federal Shariat Court by the Constitution---Shariat petition was dismissed accordingly. THIS JUDGMENT PASSED BY: DR. ALLAMA FIDA MUHAMMAD KHAN,…
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