| Citation(s) |
|---|
| 1981 SLG 1271 1981 SLD 1271 1981 PLD 42 |
Supreme Court of Pakistan
MUHAMMAD HALEEM, CHAIRMAN, KARAM ELAHEE CHAUHAN AND MUHAMMAD AFZAL ZULLAH, MEMBERS
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MUHAMMAD HALEEM, CHAIRMAN, KARAM ELAHEE CHAUHAN AND MUHAMMAD AFZAL ZULLAH, MEMBERS
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SAEEDULLAH KAZMI
VS
GOVERNMENT OF PAKISTAN
Law:
Section:
(a) Constitution of Pakistan (1973)---Art. 203-B [as inserted by Constitution (Amendment) Order (P. O. 3 of 1979)]-Repugnancy to Injunctions of Islam--Prayer that twilight time actually being subh-I-kazib and subh-i-sadig coming after fourteen to eighteen minutes thereafter, sehri time according to Basic texts being up to subh-i-sadig and same being time for morning azan, giving of azan or declaring or announcing of sehri exactly at time of twilight given in chart (issued by Pakistan Meteorological Department) by any person or institution like Radio Pakistan, be declared as un-Islamic-Petitioner having not claimed declaration regarding un-Islamic nature of "any law or any custom or usage having the force of law", High Court, in its Shariat jurisdiction, held, justified in holding petition not maintainable. (b) Constitution of Pakistan (1973)--- Art. 203-B [as inserted by Constitution (Amendment) Order (P. O. 3 of 1979)]-Article 203-B purports to allow challenge to, and against laws, in force in country and not against individual activities simpliciter, whether secular or religious of any person or class of persons-Attack directed not against any statute, statutory law, rule, bye-law, regulation, order, scheme, etc. but against alleged action of a few persons-Impugned acts or practices also not of the nature and status of "custom or usage" having the "force of law", such private acts and doings of any individual, held, not cognizable under Art. 203-B. (c) Constitution of Pakistan (1973)-- Art. 203-B [as inserted by Constitution (Amendment) Order (P. O. 3 of 1979)]-Scope-Challenge, in order to bring a case under Art. 203-B, held, must be to laws, and laws alone, and to nothing else. (d) Constitution of Pakistan (1973)- Art 203-B [as inserted by Constitution (Amendment) Order (P. O. 3 of 1979)]-Words and phrases- "Custom"--Meaning and requisites[Words and phrases]. Abdul Hussain Khan v. Sona Dero I L R 45 Cal. 450 (P C) ; Mahomed Ibrahim Rowther v. Shaik Ibrahim Rowther and others A I R 1922 P C 59 ; Hamerton v Honey (1875-76) 24 W R 603 ; Austin's Jurisprudence, Vol. 1, p. 23 and Whartson's Law Lexcion ref. (e) Constitution of Pakistan (1973)--- Art. 203-B [as…
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