Law:

Section:

Constitution of Pakistan (1973)--- Art. 203D-Contrariety to injunctions of Islam-Declaration for removal of certain lacunae in Haj Policy (1980) of Government of Pakistan allegedly not in conformity with Injunctions of Islam-Matters in issue, held, pertain to branch of law known as Muslim Personal law, applied to community of Muslims alone as distinct from general law applied to all citizens of Pakistan-Scrutiny of such law, viz. Muslim Personal law-Beyond jurisdiction of Shariat Benches (Courts as well as Appellate Bench of Supreme Court).-[Jurisdiction]. Federation of Pakistan v. Mst. Farishta P L D 1981 S C 120 ref. Appellant in person. Abdul Aziz Urfi, Advocate Supreme Court and A. Aziz Khan, Advocate-on­Record for Respondents Nos. 1 and 2. Mahmood Alam, Manager (Legal Services) for Respondent No. 3. Date of hearing : 17th January, 1981. ORDER KARAM: ELAHEE CHAUHAN, MEMBER.-The appellant filed a Shariat Applica­tion No. 17/80 in the erstwhile Shariat Bench of the Sind High Court (Karachi) under Article 203-B (unamended) of the Constitution of 1973 "For removal of certain lacunae in the Haj Policy (1980)" of the Government of Pakistan which according to the appellant was not in confirmity with the Injunctions of Islam as laid down in the Holy Qur'an and the Sunnah/Hadith of the Holy Prophet. He particularly took exception to the practice and policy of the Government in selecting persons for performing Haj by a system of "ballot" and also to the requirement of that policy whereby every applicant had to deposit an unrefundable amount of Rs. 50 as handling charges of his application and for other similar services. 2. The petition was dismissed by the High Court on 4-8-1980 on the short ground that "these are - obviously matters which do not fall within our jurisdiction",…

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