Law: Constitution of Pakistan, 1973

Section: 199,203-D,203-G

Constitution of Pakistan--- ----Arts. 199, 203-D & 203-G---Hajj Policy, 2018---Constitutional jurisdiction of the High Court---Scope---Plea of petitioner that criteria/qualifications for applicants laid down in Hajj Policy, 2018 were repugnant to Injunctions of Islam and Shariah, as they fettered the rights of aspirant pilgrims---Validity---By virtue of the provisions of Art. 203-G of the Constitution, the High Court had no jurisdiction to test repugnancy or contrariety of any law, provision of law or indeed a policy to the Injunctions of Islam as laid down in the Holy Quran and Sunnah---Such jurisdiction vested exclusively in the Federal Shariat Court and the Shariat Appellate Bench of the Supreme Court---Constitutional petition filed before the High Court challenging the Hajj Policy, 2018 was dismissed as being not maintainable. Pakistan Lawyers Forum and others v. Federation of Pakistan and others PLD 2004 Lah. 145 and Zahid Rehman v. The State PLD 2015 SC 77 ref. THIS JUDGMENT DELIVERED BY: YOUSUF ALI SAYEED, J.---- This Petition under Article 199 of the Constitution assails the Hajj Policy, 2018 (the "Policy") on the ground that it introduces certain criteria as to eligibility of applicants, in as much as it is stipulated therein that (1) a person who has performed Hajj in the past through the Government scheme is not eligible to apply in the Government scheme again, (2) any person who has performed Hajj during the preceding three years would be ineligible to apply under the private scheme; and (3) persons intending to perform Hajj-e-Badal are not eligible to apply in the Government scheme. It is submitted that such qualifications are repugnant to the injunctions of Islam and Shariah, as they fetter the rights of aspirant pilgrims and are liable to be struck down accordingly. 2. At the outset, the learned AAG raised an objection to the maintainability of the Petition on the ground that that the challenge raised by the Petitioner does not fall within the scope of Article 199, in as much as no violation of any fundamental right has been pleaded. 3. He submitted that under Article 203-D of the Constitution, the examination of any law or policy on the…

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