Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 17

Law: Constitution of Pakistan, 1973

Section: 203-D,203-F

Prohibition (Enforcement of Hadd) Order (4 of 1979)--   ---Art.17--Constitution of Pakistan (1973), Arts.203-D 203-F-­Repugnancy to--Injunctions of Islam--Interpretation of S.17 of Prohibition (Enforcement of Hadd) Order, 1979--Question arising whether provisions of S.17 of Prohibition (Enforcement. of Hadd) Order, 1979, were repugnant to Holy Quran and Sunnah in view of ban imposed by Islam on possession or sale of liquor by Muslims--Since prohibition by Islam concerns the use and consumption of liquor by human beings as an intoxicant, the exclusion of Muslims from its bona fide medicinal, scientific, industrial or other such use would not be strictly in conformity with the Injunctions of Islam--Only that portion of S.17 declared to be against Injunctions of Islam which leaves a scope for Government or a Muslim Licensee to manufacture, import, transport, sell or possess any intoxicant or article containing intoxicating liquor meant for human consumption by a non-Muslim citizen of Pakistan as a part of religious ceremonies or by a non-Muslim foreigner--Necessary amendment ordered to be made in S.17 within six months failing which the provision declared to be repugnant shall cease to have effect.   JUDGMENT SHAFIUR RAHMAN, J.--Federation of Pakistan has appealed under Article 203-F of the Constitution against the judgment of the Federal Shariat Court dated the 27th of April, 1981 whereby on a petition filed by the respondent under section 203-D of the Constitution, section 17 of Prohibition (Enforcement of Hadd) Order, 1979 (hereinafter referred to as the Order) was declared in certain respects to be repugnant to the Injunctions of the Holy Quran and the Sunnah of the Holy Prophet (PBUH). The respondent, a Zoroastrian by faith, a licensed vendor of liquor for consumption by human beings filed an application expressed to be under Article 203-D of the Constitution contending that the following provisions of the Order in so far as they affect the non-Muslim citizens of Pakistan are null and void being violative of the Injunctions of Islam:- (a) Section 3 - dealing with prohibition of manufacture, and dealings in intoxicants in so far as it is made…

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