| Citation(s) |
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| 2024 SLG 5888 2024 SLD 5888 = 2024 PLD 35 |
Federal Shariat Court
Shariat Petition No. 21/I of 2022, decided on 19th April, 2024.
Before Iqbal Hameedur Rahman, C.J., Khadim Hussain M. Shaikh, Dr. Syed Muhammad Anwer and Ameer Muhamamd Khan, JJ
Counsel for Petitioner: Hashmat Ali Habib and Tassawar Zulfiqar. Counsel for
Respondent: Mian Muhammad Faisal Irfan, DAG for Federation. Barrister Muhammad Usman Mirza, State Counsel on behalf of A.G. Islamabad. Mrs. Imrana Baloch, State Counsel / AOR on behalf of A.G Punjab. Barrister Ahsan Hameed Dogar, Advocate on behalf of AG Sindh. Anees Muhammad Shahzad, Advocate on behalf of AG Khyber Pakhtunkhwa. Atta Muhammad, Law Officer, IG (Prison) KP. Sulaiman, Law Officer, IG Inspectorate, Peshawar. Tahir Siddique, Deputy Superintendent, Adiala Jail, Rawalpindi.
Shariat Petition No. 21/I of 2022, decided on 19th April, 2024.
Before Iqbal Hameedur Rahman, C.J., Khadim Hussain M. Shaikh, Dr. Syed Muhammad Anwer and Ameer Muhamamd Khan, JJ
Counsel for Petitioner: Hashmat Ali Habib and Tassawar Zulfiqar. Counsel for
Respondent: Mian Muhammad Faisal Irfan, DAG for Federation. Barrister Muhammad Usman Mirza, State Counsel on behalf of A.G. Islamabad. Mrs. Imrana Baloch, State Counsel / AOR on behalf of A.G Punjab. Barrister Ahsan Hameed Dogar, Advocate on behalf of AG Sindh. Anees Muhammad Shahzad, Advocate on behalf of AG Khyber Pakhtunkhwa. Atta Muhammad, Law Officer, IG (Prison) KP. Sulaiman, Law Officer, IG Inspectorate, Peshawar. Tahir Siddique, Deputy Superintendent, Adiala Jail, Rawalpindi.
Dr. IRFAN IQBAL---Petitioner
VERSUS
FEDERATION OF PAKISTAN through Secretary Ministry of Law, Justice and Parliamentary Affairs, Islamabad---Respondent
Law: Constitution of Pakistan, 1973
Section: 203D
Law: Anti-Terrorism Act, 1997
Section: 21F
(a) Constitution of Pakistan-------Art. 203D---Federal Shariat Court---Jurisdiction---Relief in personam does not fall within the jurisdiction of Federal Shariat Court.(b) Anti-Terrorism Act (XXVII of 1997)-------S.21-F---Constitution of Pakistan, Art. 203D---Shariat petition---Provision of S. 21-F of Anti-Terrorism Act, 1997---Repugnancy to injunctions of Islam---Petitioner/accused contended that provision of S. 21-F of Anti-Terrorism Act, 1997 declining remissions to convict persons was violative of injunctions of Islam--Validity---Establishment of equity and justice in society is the corner stone of Islamic teachings and is part of belief of Muslims---Petitioner failed to produce verses of the Holy Quran which were relevant to the question that non-existence of remission under S. 21-F of Anti-Terrorism Act, 1997, to person convicted of terrorism was repugnant to the injunctions of Islam as laid down in the Holy Quran and Sunnah of the Holy Prophet (PBUH)---Different treatment of criminals, who are convicted for commission of acts of terrorism from the rest of criminals by not extending remissions to them, is not discriminatory under Islamic injunctions---In Islam punishments for different crimes are different depending on seriousness and heinousness of any crime---Terrorism is one of the most heinous natured crime in Islamic criminal justice system, therefore, its punishment is also very harsh and serious---Rigorous punishment prescribed in the Holy Quran for committing terrorism for "Ùساد ÙÛŒ الارض," is regarded as war against Allah and His Messenger (PBUH)---Parliament inserted S. 21-F in Anti-Terrorism Act, 1997 through AntiTerrorism (Second Amendment) Act, 2013, and powers of the President of Pakistan were limited to grant remission to accused of offence of terrorism---By way of S. 21-F of Anti-Terrorism Act, 1997, Criminals who were punished for commission of any act of terrorism were separated from the rest of the criminals due to the gravity of crime of terrorism, which according to injunctions of Islam is the most heinous crime in society and has been considered as act of war against Allah…