| Citation(s) |
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| 2025 SLG 5436 2025 SLD 5436 = 2025 PLD 21 |
Shariat Petitions Nos. 12/I of 2020 and 17/I of 2022, decided on 2nd May, 2024.
Present: Iqbal Hameedur Rahman, C.J., Khadim Hussain M. Shaikh,
Counsel for Petitioners: Dr. Mohammad Aslam Khaki, Advocate - Petitioner in person (in S.P. No.12-I of 2020). Irum Malik, Petitioner in person (in S.P. No.17-I of 2022). Counsel for
Respondents: Mian Muhammad Faisal Irfan, DAG for Federation. Ch. Muhammad Usman Mirza, Law Officer on behalf of A.G. Islamabad Sana Ullah Zahid, Addl. A.G. Punjab Mrs. Imrana Baloch, State Counsel/Advocate-on-Record on behalf of A.G. Punjab. Ahsan Hameed Dogar, Advocate on behalf of A.G. Sindh. Anees Muhammad Shahzad, State Counsel on behalf of A.G. Khyber Pakhtunkhwa. Muhammad Fareed Dogar, Asst. A.G., Balochistan. Date of hearing: 16th April, 2024.
Dr. MOHAMMAD ASLAM KHAKI, ADVOCATE SUPREME COURT OF PAKISTAN and another---Petitioners
VERSUS
FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice, Islamabad and another---Respondents
Law: Constitution of Pakistan, 1973
Section: 203D
Law: Penal Code (XLV of 1898)
Section: 496B, 496C
Law: Protection of Women (Criminal Laws Amendment) Act, 2006
Section: 7,5
Constitution of Pakistan---
----Art. 203D---Penal Code (XLV of 1860), Ss. 496-B & 496-C [as inserted by S. 7 of Protection of Women (Criminal Laws Amendment) Act (VI of 2006)]--Shariat petition---Fornication and false accusation---Repugnancy to Injunctions of Islam---Petitioner assailed provisions of Ss. 496-B & 496-C, P.P.C., as unIslamic---Validity---All those sections which were introduced in Penal Code, 1860, by virtue of Protection of Women (Criminal Laws Amendment) Act, 2006, were primarily considered as Islamic for either akin, auxiliary, analogous or supplementary to or germane with Hudood Offences, hence were declared to be included within the scope of term "Hudood"---As a consequence of such declaration, it was decided that appeal against a decision/judgment of any case by Trial Court involving section in question shall lie to Federal Shariat Court under Art. 203DD of the Constitution---Federal Shariat Court in its earlier judgment clearly defined term "Hudood" which included those offences which were introduced by Protection of Women (Criminal Laws Amendment) Act, 2006, in Penal Code, 1860---Federal Shariat Court declined to interfere in the matter which had already been decided earlier and was subject matter of appeal pending before Shariat Appellate Bench of Supreme Court---Shariat petition was dismissed, in circumstances.