| Citation(s) |
|---|
| 1988 SLG 715 1988 SLD 715 1988 PLD 167 |
Supreme Court of Pakistan
(On appeal from the judgments/ orders of the Federal Shariat Court, Lahore, dated 12-8-1984 in Shariat Petitions Nos. 17/I/1984, 2/L/1984, 17/L/1984 and 21/L/1984). „
MUHAMMAD AFZAL ZULLAH, CHAIRMAN, MAULANA MUHAMMAD TAQI USMANI, JJ
Manzoor Ellahi, Advocate-on-Record for Appellant No. 1 (in S.A. No. 24 of 1984). Appellant No. 1 (In person) and Hameed Aslam Qureshi, Advocate-on-Record and others in person (in S.A. No. 25 of 1984). Dr. Riazul Hasan Gilani, Deputy Attorney General and
(On appeal from the judgments/ orders of the Federal Shariat Court, Lahore, dated 12-8-1984 in Shariat Petitions Nos. 17/I/1984, 2/L/1984, 17/L/1984 and 21/L/1984). „
MUHAMMAD AFZAL ZULLAH, CHAIRMAN, MAULANA MUHAMMAD TAQI USMANI, JJ
Manzoor Ellahi, Advocate-on-Record for Appellant No. 1 (in S.A. No. 24 of 1984). Appellant No. 1 (In person) and Hameed Aslam Qureshi, Advocate-on-Record and others in person (in S.A. No. 25 of 1984). Dr. Riazul Hasan Gilani, Deputy Attorney General and
Capt. (Retd.) ABDUL WAJID and 4 others
VS
FEDERAL GOVERNMENT OF PAKISTAN
Law:
Section:
(a) Appeal-- ---Supreme Court--Request of appellant for preliminary relief not granted--Appellant having himself taken a decision not to be interested in appeals if his request for preliminary relief was not allowed, held, did not evince any interest in the approach to the subject, -yieTdtng finality to the impugned . [p. 1721 A (b) Islamic jurisprudence-- --- Administration of justice--Allegation of bias against Judge--Principle of Rujoo--Islam in a given situation does not prohibit hearing of a case and decision even against oneself as Qur'an does not treat it as an impossibility, though such an extreme case might arise only rarely. Appellants sought the exclusion of the two Ulema Judges from the Supreme Court Shariat Appellate Bench on the ground of bias. They are stated to have expressed opinion in favour of the enactment of a law as is involved in the appeals. Written material, in this behalf, was also placed on record. The opinion was like the expression of an opinion in a tentative manner and that too without hearing the full arguments as often Judges do when hearing applications for stay or preliminary arguments for admission of regular cases or for that matter, when granting leave to appeal even in the Supreme Court. It has never been treated per se as either creating any kind of bias. prejudice or bar. Moreover, the Ulema Judges, felt more concerned and bound than any other, by the Qur'&nic Verse No. 135, in Chapter IV (Surah A1-Nisa). [p. 173] B Even if opinions relied upon by the appellants, be treated as firm in judicial sense which is not the case, the principle of Rujoo in Islam would come in. Both the Ulema Judges stated that they firmly believed that if after hearing the arguments, they felt the need for Rujoo 'they will do so'. Both the Ulema Judges have done so on several important subjects: They both follow Imam Abu Hanifa's view on this point. [p. 173] D The two Ulema Judges then were asked as to whether they would in anyway feel embarrassed in sitting on the Bench; to which, both answered in the negative. [p. 174] E The Qur'an and Sunnah are full of Injunctions emphasising undiluted justice, with its much more pronounced importance in…
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