| Citation(s) |
|---|
| 2024 SLG 5802 2024 SLD 5802 = 2024 CLC 1703 |
Lahore High Court, Rawalpindi Bench, Rawalpindi
Review Application No.04 of 2024, decided on 20th June, 2024.
Before Mirza Viqas Rauf, J
Raja Imran Khalil, Taimur Waheed Malik and Hafiz Liaqat Manzoor Kamboh for Applicant.
Review Application No.04 of 2024, decided on 20th June, 2024.
Before Mirza Viqas Rauf, J
Raja Imran Khalil, Taimur Waheed Malik and Hafiz Liaqat Manzoor Kamboh for Applicant.
RIZWAN AHMED----Applicant
VERSUS
FEDERATION OF PAKISTAN and others----Respondents
Law: Family Courts Act, 1964
Section: 5
Law: Constitution of Pakistan, 1973
Section: 199,260(3)(a)(b)
Law: Civil Procedure Code (V of 1908)
Section: 114,XLVII
Family Courts Act (XXXV of 1964)-------S. 5---Constitution of Pakistan, Arts.199, 260(3)(a) & 260(3)(b)---Civil Procedure Code (V of 1908), S. 114 & O.XLVII---Review of judgment---NonMuslim view---Quadiani Group or Lahori Group---Precedent, impact of--Petitioner was aggrieved of precedent judgments relied upon in judgment under review which were passed prior to declaration of Quadiani Group or Lahori Group as non-Muslims, and the view in the said judgments did not pertain to Muslims--Held, that paragraphs in question were only reproduced as extracts from the referred judgments---With the promulgation of the Constitution of Pakistan, 1973 and more specifically by inserting definitions of "Muslim" and "non-Muslim" in Art. 260(3)(a) and (b), the observations recorded in referred judgments automatically lost their efficacy as well as status---Persons of Quadiani Group or Lahori Group who call themselves "Ahmadis" or by any other name or a Bahai, and a person belonging to any of the Scheduled Castes could not be termed as "Muslim" or class/sect of "Muslim"---High Court directed that the observations recorded in the present review application shall be treated as part of the judgment under review---Review petition was disposed of accordingly.Mst. Balqis Fatima v. Najm-ul-Ikram Qureshi PLD 1959 (W.P.) Lah. 566 and Mst. Khurshid Bibi v. Baboo Muhammad Amin PLD 1967 SC 97 ref.ORDERMIRZA VIQAS RAUF, J.----This application is in terms of Section 114 read with Order XLVII of the Code of Civil Procedure (V of 1908) seeking review of the judgment dated 12th June, 2024 passed in Writ Petition No.167 of 2024.*2. The grievance agitated by the applicant in this application is restricted to Paras Nos.4, 12 and 14 of the reproduced portion of judgment reported as Mst. Balqis Fatima v. Najm-ul-Ikram Qureshi (PLD 1959 (W.P.) Lahore 566) more specifically highlighting the view of Quadiani Group, which was further affirmed by the Supreme Court of Pakistan in the case of Mst. Khurshid Bibi v. Baboo Muhammad Amin (PLD 1967 Supreme Court 97) find mentioned as Para No.2 at page No.37 of the judgment under review.3. The review is sought…