Law: Constitution of Pakistan, 1973

Section: 204

(a) Constitution (Amendment) Order, 1979 [P. O. 3 of 1979] Art. 203BShariat BenchFunctionFunction of Shariat Bench, held, confined to examination of impugned provisions of law in context of Holy Qur'an and Sunnah of Holy Prophet (peace be upon him) and to declare whole of law or part thereof, as case may be, so as repugnant to injunctions of Islam, if so found.[Shariat Bench]. (b) Constitution (Amendment) Order, 1979 [P. O. 3 of 1979)  Art. 203BShariat BenchJurisdiction of Shariat Bench, held, not extended to any suo motu examination of law, but confined to matters brought before Bench by any person on application in such behalf.[JurisdictionShariat Bench]. (c) Constitution (Amendment) Order, 1979 [P. O. 3 of 1979]  Art. 203B (4)DeclarationEffectEffect of declaration under Art 203B (4)Law or provision under consideration ceases to have effect on day on which decision of High Court takes effect, to such extent as held to be repugnant to Injunctions of Islam but does not require any act on part of any authority, such as Executive or Legislator, to remove law so declared from Statute BookProvision of law so declared repugnant, held, gets extinct  from date on which decision of Shariat Bench takes effect.[Interpretation of statutes]. (d) Constitution (Amendment) Order, 1979 [P. O. 3 of 1979]  Art. 203B (4) (a)Removal of law from Statute BookLegisla tionMere nullification of law cannot by itself serve purposeLegisla tion in positive form required to fill in lacuna created by removal of law, subject to such declaration, from Statute Book or some amend ment in existing law might become desirable in order to bring law on subject into conformity with Injunctions of Islam. (e) Constitution (Amendment) Order, 1979 [P. O. 3 of 1979] Art. 203BAmendment of lawPeriodNo period prescribed for an authority enjoined to take steps to amend law to bring it into, conformity with Injunctions of Islam. (f) Constitution of Pakistan (1973)  Art. 204 read with Constitution (Amendment) Order, 1979 [P. O. 3 of 1979], Art. 203BContempt of CourtAlthough, mandatory upon authorities to take steps to bring, about necessary legislation to bring required law into…