Law:

Section:

  Azad Jammu and Kashmir Shariat Courts Ordinance (XXXII of 1982)--- ----S.9---Strict compliance of the procedural requirements is not necessary in Shariat petitions. Azad Jammu and Kashmir Islamic Penal Laws Enforcement Act (IX of 1974)--- ----S.29---Section 29 is aimed at ensuring that Injunctions of Islam shall be followed while executing sentences awarded under the Act. Mehtab Khan v. State P L D 1979 SC (AJ&K) 23 ref. Evidence Act (I of 1872)--- ----Preamble---Qanun conforms to injunctions of Islam. Azad Jammu and Kashmir Shariat Courts Ordinance (XXXII of 1982) --- ----S.6---Azad Jammu and Kashmir Islamic Penal Laws Enforcement Act (IX of 1974), S.26(2)---Evidence---Purgation---Purgation of witnesses is part of the procedure of the Courts set up under the Act while laws relating to the procedure of any Court have been kept out of the operation of Shariat Courts Ordinance. Abdul Razzaq v. State P L D 1988 SC (AJ&K) 191 and State v. Punno Khan P L D 1984 SC (AJ&K) 1 ref. Abdul Rashid Abbasi for Appellants. Syed Manzoor Hussain Gillani A.-G. for the State. JUDGMENT BASHARAT AHMAD SHAIKH, J.--The two appellants were awarded death sentence under section 5 of the Islami Tazeerati Qawaneen Nafaz Act by the Zilaee Adalat Muzaffarabad on 19th of June, 1979. Their appeals to the High Court and subsequently to this Court were dismissed but the sentences imposed on them have not so far been put into effect. They filed four Shariat petitions under section 6 of the Shariat Court Ordinance in the Azad Jammu and Kashmir Shariat Court on different dates in October, 1983 seeking declarations that certain sections of the Islami Tazeerati   Qawaneen Nafaz Act (hereinafter also referred to as the Islami Act), the Criminal Procedure Code and the Evidence Act 1872, the details of which would follow at the appropriate place, were repugnant to injunctions of Islam. For a long time the petitions could not be disposed of by the Shariat Court due to the failure of the Government to appoint a panel of Ulema out of which one Alim could be drawn by the Chief Justice of the Shariat Court to attend the sittings of the Shariat Court. Ultimately the petitions were…