| Citation(s) |
|---|
| 1988 SLG 2358 1988 SLD 2358 1988 SCMR 897 |
Supreme Court of Pakistan
Shariat Appeals Nos.24 and 25 of 1984, decided on 10th January 1988. (On appeal from the judgments/orders of the Federal Shariat Court, Lahore, Dated 12-8-1984 in Shariat Petitions Nos. 17-I-1984 and 2-L of 1984, 17-L of 1984 and 21-L of 1984).
JUSTICE MUHAMMAD AFZAL ZULLAH, CHAIRMAN NASIM FKISAN SHAH, SHAFIUR RAHMAN, PIR MUHAMMAD KARAM SHAH AND MULANA MUHAMMAD TAQI USMANI, JJ
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Shariat Appeals Nos.24 and 25 of 1984, decided on 10th January 1988. (On appeal from the judgments/orders of the Federal Shariat Court, Lahore, Dated 12-8-1984 in Shariat Petitions Nos. 17-I-1984 and 2-L of 1984, 17-L of 1984 and 21-L of 1984).
JUSTICE MUHAMMAD AFZAL ZULLAH, CHAIRMAN NASIM FKISAN SHAH, SHAFIUR RAHMAN, PIR MUHAMMAD KARAM SHAH AND MULANA MUHAMMAD TAQI USMANI, JJ
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MUJEEB-UR-RAHMAN and 3 others--Appellants
VS
FEDERAL GOVERNMENT OF PAKISTAN through the Attorney-General of PakistaN---Respondent
Law: Constitution of Pakistan, 1973
Section: 203-D,203-F
(a) Constitution of Pakistan (1973)- ---Arts.203-D 203-F--Anti-Islamic Activities of Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance (XX of 1984)--Islamic injunctions- -Repugnancy to--Expunction of a part of impugned -- Appellants challenging validity of Ordinance (XX of 1984) on ground of repugnancy to injunctions of Islam--Prayed for summoning of tape-record of proceedings before Federal Shariat Court and sought expunction of a portion of impugned before hearing of appeal, claiming it to be unnecessary, irrelevant and outrageous for the appellants, religious reasons--Their requests not being acceded to, appellants withdrew appeals which were dismissed as withdrawn. (b) Anti-Islamic Activities of Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance (XX of 1984)-- ---Bias--Religious malice/bias--Islamic Injunctions--Undiluted justice- Appellants challenging validity of Ordinance (XX of 1984)--Sought exclusion of two Ulema Judges from Shariat Appellate Bench--Plea raised that they had expressed opinion in favour of the enactment-Since it was like expression of an opinion in a tentative manner and that too without hearing full arguments, it has never been treated per se as either creating any kind of bias, prejudice or bar-Injunctions in Quran and Sunnah emphasise upon importance of undiluted justice--Islam in a given situation, does not prohibit hearing of a case and decision even against one self and Quran does not treat it an impossibility, though such an extreme case might arise only rarely--Both Ulema Judges having stated that they do not feel embarassed in sitting on the Bench, appellants objection was ruled out--Appeals dismissed as withdrawn.--[Bias]. Federation of Pakistan v. Hazoor Bakhsh and 2 others P L D 1983 F S C 255 and Pakistan v. Abdul Wali Khan 1975 SCMR 1 rel. JUDGMENT JUSTICE MUHAMMAD AFZAL ZULLAH (CHAIRMAN),--Appeals Nos. 24 and 25 of 1984 jointly filed by two and four appellants respectively, are directed against a decision of the Federal Shariat Court, rendered under Article 203-A of the Constitution. They were preferred under Article 203-F, have now been…
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