Law:

Section:

Islamic Penal Laws Act, 1974 Ss. 23, 25 & 31 [as amended by Amending Ordinance of 1974]---Interpretation of statutes-Change in forum pending trial, principle to govern-Right of appeal as well as revision against Judgment/order of District Criminal Court given to an aggrieved party by virtue of Amending Ordinance, to be availed before Shariat Court instead of High Court-Amendment, held, being procedural in nature operates retrospectively.---[Interpretation of statutes]. The change of forum is a matter of procedure and if during the pendency of proceedings, in a Court or Tribunal, a new forum is created, which is capable of giving relief to the aggrieved parties in the same degree and with an equal or more convenience, as was possible in case of former Court, or Tribunal, the statute creating new forum, would operate retrospectively and thus would be applicable to the pending proceedings. However, if, along with change of forum or other proce dural amendment, the substantive and vested rights of the parties are also affected, the provisions of amending statute would not operate retrospectively and would be inapplicable to the pending proceedings, unless of course, such a statute has been given retrospective effect expressly or by necessary implications. Munsif Khan v. The State P L D 1960 Azad J & K 45; Gul Akbar v. Deputy Chief of Air Staff, PAF P L D 1968 Pesh. 114; Adnan Afzal v. Capt. Sher Afzal P L D 1969 S C 187, Hafiz Abdul Karim v. The State P L D 1959 Lah. 883 and State v. Muhammad Jamil P L D 1965 S C 681 rel. Dates of institution: 16th November 1978; 3rd July and 23rd August 1980.                                                                                                                                                           ORDER SARDAR SAID MUHAMMAD KHAN,…