Law: Constitution of Pakistan, 1973

Section: 31(2)(a),203D,203-F

Constitution of Pakistan--- ----Arts. 31(2)(a), 203-D & 203-F---Federal Shariat Court, jurisdiction of---Scope---Promotion of Arabic language for educational and other relevant purposes---Federal Shariat Court by way of impugned issued certain directions for promotion of Arabic language by implementation of Art.31(2)(a) of the Constitution---Constitutionality---Federal Shariat Court had issued the impugned direction in the form of writ of mandamus which was clearly beyond its jurisdictional authority---Federal Shariat Court did not possess any jurisdiction for the enforcement of Fundamental Rights or to issue order, declaration or directions to implement any command of the Constitution or law---Federal Shariat Court, fell into error, treating Art.31(2) of the Constitution, as command of the Constitution or law capable of implementation by it---Jurisdiction of Federal Shariat Court was confined to the extent of examining the compatibility or otherwise of law on the touchstone of Injunctions of Islam---Furthermore Arts.29 to 40 were Principles of Policy, were guidelines for the State, and were not, stand alone, enforceable---Impugned of Federal Shariat Court was set-aside---Shariat appeal was allowed accordingly. Saeedullah Kazmi v. Government of Pakistan PLD 1981 SC 42 ref. THIS JUDGMENT DELIVERED BY: MUSHIR ALAM, CHAIRMAN,-- C.M.A. No. 8415-L of 2013 For the reasons mentioned in this miscellaneous application the same is allowed and the delay in filing of Civil Shariat Appeal is condoned. Disposed of. Civil Shariat Appeal No.1 of 2013 Appellant, Government of Punjab, have challenged the judgment dated 22.10.2012 rendered by the learned Federal Shariat Court whereby directions to implement Article 31(2)(a) of the Constitution of Pakistan, 1973 and Shariat Act, 1991 were issued. 2. Briefly stating facts appears to be that Dr. Zahoor Ahmed Azhar, Respondent herein, through letter dated 14.12.2010 addressed to the Chief Justice, Federal Shariat Court sought intervention in the matter of introduction of Arabic language in all walks of life and for issuance of necessary direction to the Federal Government to make Arabic language as a part of curriculum from…

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