Law: Constitution of Pakistan, 1973

Section: 203D

Constitution of Pakistan--- ----Art. 203-D---Shariat petition---Maintainability---Relief in personam---Pensionary benefits---Petitioner claimed her right in pensionary benefits of her deceased son as Tarka---Validity---Pension of a person does not fall within definition of Tarka, as it is governed by Pensionary Rules of that department---Petitioner failed to identify any law or rule to be against the Injunctions of Islam as laid down in the Holy Quran and the Sunnah---This was the constitutional requirement to invoke jurisdiction of Federal Shariat Court under Art. 203-D of the Constitution---Shariat Petition, without mentioning of any law or rule which was considered as against the Holy Quran and the Sunnah by petitioner, was not maintainable before Federal Shariat Court---Petitioner sought relief in personam which was altogether out of jurisdiction of Federal Shariat Court---Shariat petition was dismissed, in circumstances. Wafaqi Hukumat-e-Pakistan v. Awamunnas PLD 1991 SC 731 ref. Zartashi Nadia and others v. Federation of Pakistan and others (Shariat Petition No.09/I of 2021); Federation of Pakistan v. Public at Large PLD 1991 SC 731; Ameeran Khatoon v. Mst. Shamim Akhtar 2005 SCMR 512; Farhat Nigar v. The Auditor General of Islamic Republic of Pakistan and others 2018 CLC 392; Mst. Riffat Yasmeen v. Hassan Din and another 2014 CLC 126 and Mst. Mehmooda Begum v. Zubair Ahmad and others 2013 CLC 1834 rel. JUDGMENT DR. SYED MUHAMMAD ANWER, JUSTICE:---.--- Through the instant Shariat Petition, Petitioner No.1 namely Mrs. Noor Aisha widow of late Ghulam Qadir Khan, prays that she is entitled to receive her share from pensionary funds as Tarka of her deceased son i.e. late Dr. Azmat Hayat Khan, who was a civil servant in the Government of Pakistan and died during the tenure of his service as Chief Meteorologist / Director in the department of Respondent No.2. 2. In support of her prayer, Petitioner No.1 has relied up the judgment passed by the Supreme Court Shariat Appellate Bench in the case titled "Wafaqi Hukumat-e-Pakistan v. Awamunnas" [PLD 1991 SC (Shariat Appellate Bench) 731]. Furthermore, the petitioners are also seeking direction from this Court…

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