Law: Constitution of Pakistan, 1973

Section: 203D

Constitution of Pakistan--- ----Art. 203D---Federal Shariat Court---Jurisdiction---Principle---Relief in personam---Petitioner assailed judgment of Division Bench of High Court passed in exercise of revisional jurisdiction on the plea to apply Islamic Justice System---Validity---Petitioner assailed relief in personam which was beyond the jurisdiction conferred upon Federal Shariat Court under Art. 203D of the Constitution and the same could not be granted---Federal Shariat Court declined to interfere in the matter---Petition was dismissed, in circumstances. Muhammad Waseem alias Kalu v. The State 2006 PCr.LJ 364 ref. JUDGMENT IQBAL HAMEEDUR RAHMAN, CJ.---The Petitioners seek acceptance of instant Shariat Miscellaneous Application with prayer to allow them to make submissions for hearing of three Shariat Miscellaneous Applications filed before this Court on 09.01.2023.The Petitioners in the said three miscellaneous applications dated 09.01.2023 have prayed for setting-aside the impugned orders dated 12.12.2022 passed in Cr. Revisions No.78614/2022, 78872/2022 and 78880/2022 by the Division Bench of learned Lahore High Court, Lahore and order dated 29.03.2022 passed by the learned Chairman Drug Court Gujranwala with direction to learned Chairman Drug Court to summon Mr. Abid Saeed Baig as prosecution witness as his name already existed in the calendar of witnesses, in view of the judgment of this Court passed in Criminal Appeal No. 17/L of 2005 in case titled Muhammad Waseem alias Kalu v. The State, which was decided on 19th day of November, 2005 reported as 2006 PCr.LJ 364, wherein this Court while deciding the aforesaid regular criminal appeal against conviction, has held as under:-- "13. Under the Islamic system of dispensation of justice, the Public Prosecutor has no right to withhold any prosecution evidence from the Court. He is rather enjoined by our faith to produce the entire evidence available with him before the Court to enable it to assess/adjudge its worth and then reach the conclusion as to whether or not the prosecution had succeeded in proving its case or not against an accused. 14. In fact, the present case is not solitary one in which this…

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