Law: Federal Sharit Court (Terms and Conditions of Serivce of Staff) Rules, 1982

Section: R.15

(a)    Federal Shariat Court (Procedure) Rules, 1981-------R.15---Shariat petition---Absence of petitioner---Effect---Shariat petition cannot be rejected solely on the ground of absence of petitioner, his/her counsel or jurisconsult---Such petition cannot be abated by reason of death of petitioner--Federal Shariat Court under R. 15 of Federal Shariat Court (Procedure) Rules, 1981, has to decide such petition.(b)    Pakistan Army Act (XXXIX of 1952)-------S. 176-A---Constitution of Pakistan, Art. 203 D---Shariat petition--Maintainability---Relief in personam--- Inheritance / Tarka--- Death gratuity--Petitioner was aggrieved of distribution of monetary benefits only to widow of issueless deceased officer and not to all relatives entitled to inherit under Islamic Law---Validity---Declaration of policy of pension, gratuity and other privileges claimed by petitioner was relief in personam---Such relief was beyond the jurisdiction conferred upon Federal Shariat Court under Art. 203-D of the Constitution and could not be granted---Questions raised by petitioner had already been decided by Federal Shariat Court in its earlier judgments---Shariat petition was dismissed, in circumstances.PLD 1991 SC 731; Zartashi Nadia and another v. Federation of Pakistan through Ministry of Finance, Islamabad and others (Shariat Petition No.9/I of 2021) and Mirza Muhammad Amin and others v. Government of Pakistan (Shariat Petition No.6/R of 1980) rel.Date of hearing: 12th March, 2024.JUDGMENTIQBAL HAMEEDUR RAHMAN, C.J.---Through instant Shariat Petition the petitioner challenges section 176A of the Pakistan Army Act, 1952 whereby she prayed that:--2.    The petitioner in her petition submitted that during service of Pakistan Army if an officer on account of illness dies issueless then group insurance, death pension, family pension, other government and GMH privileges are granted under section 176A of the Pakistan Army Act, 1952 as a gift to widow of deceased government officer or official instead of being distributed as 'Tarka' among legal heirs including parents and dependent brothers and sisters.3.    The…

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