Law: Constitution of Pakistan, 1973

Section: 199, 203

(a) Constitution of Pakistan (1973) Art. 199---Constitutional jurisdiction of High Court---Scope--Matter raised by petitioner in Constitutional petition was a contractual matter which had arisen out of an agreement executed between parties of their own sweet will---Jurisdiction of High Court under Art.199 of Constitution of Pakistan (1973), would not be attracted. Mumtaz Masood's case 1994 SCMR 2287; The Chandpur Mills Ltd. v. The District Magistrate, Tippera and others PLD 1958 SC 267; Messrs Momin Motor Company v. The Regional Transport Authority, Dacca and others PLD 1962 SC 108 ref. (b) Constitution of Pakistan (1973) Arts. 199 & 203-G---Constitutional petition---Charge of interest-- Validity---Charge of interest was though not only a violation of Holy Qur'an and Sunnah, but was also against judgment of Shariat Appellate Bench of Supreme Court, High Court, in view of Art. 203-G of Constitution of Pakistan (1973) had no authority under law to determine the matter-- Interest/Riba no doubt had been declared un-Islamic by Supreme Court but past and closed transactions were not to be re-opened. PLD 1992 FSC l and Muhammad Aslam Khaki's case PLD 2000 SC 225 ref.                                                                                                                                   ORDER The brief facts out of which the present writ petition arises are that the petitioner through this Constitutional petition has taken exception to the charge of interest being violative of Holy Qur'an and the Sunnah. It is the case of the petitioner that her late husband Muhammad Dawood secured loan of Rs.1,35,500 by the respondents in the year 1992 for the purchase of tractor and an agreement was executed and according to the terms thereof the loan was repaid through instalments. Petitioner's husband also secured loan of…