Case Details

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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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appellants, religious reasons--Their requests not being acceded to, appellants withdrew appeals which were dismissed as withdrawn.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that they do not feel embarassed in sitting on the Bench, appellants objection was ruled out--Appeals dismissed as withdrawn.--[Bias].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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