| Citation(s) |
|---|
| 1989 SLG 952 1989 SLD 952 1989 PLD 633 |
Supreme Court of Pakistan
Shariat Appeals Nos.l and K-19 of 1980, 13 of 1981, 3 of 1982, 1 of 1983, 9 to 12 of 1984, 3 of 1985 and 2 of 1986, decision dated: 5-07-1989.
JUSTICE MUHAMMAD AFZAL ZULLAH, CHAIRMAN,NASIM HASAN SHAH, SHAFIUR RAHMAN, PIR MUHAMMAD KARAM SHAH AND MAULANA MUHAMMAD TAQI USMANI, JJ
Dr. RiazulHassan Gillani, Deputy Attorney General, Mian M. Ajmal, A.A.G. and Ch. FazaleHussain. Advocate-on-Record for Appellants (in Shariat Appeal No. 1 of 1980). M. Saeed Beg, Advocate Supreme Court and M. Qasim ,Imam, Advocate-on-Record (absent) (in
Shariat Appeals Nos.l and K-19 of 1980, 13 of 1981, 3 of 1982, 1 of 1983, 9 to 12 of 1984, 3 of 1985 and 2 of 1986, decision dated: 5-07-1989.
JUSTICE MUHAMMAD AFZAL ZULLAH, CHAIRMAN,NASIM HASAN SHAH, SHAFIUR RAHMAN, PIR MUHAMMAD KARAM SHAH AND MAULANA MUHAMMAD TAQI USMANI, JJ
Dr. RiazulHassan Gillani, Deputy Attorney General, Mian M. Ajmal, A.A.G. and Ch. FazaleHussain. Advocate-on-Record for Appellants (in Shariat Appeal No. 1 of 1980). M. Saeed Beg, Advocate Supreme Court and M. Qasim ,Imam, Advocate-on-Record (absent) (in
Shariat Appeal No.1 of 1980 FEDERATION OF PAKISTAN through Secretary, Ministry of Law and another
VS
GUL HASAN KHAN Shariat Appeal No. 13 of 1981 FEDERATION OF PAKISTAN--Applicant vs MUHAMMAD RIAZ and others Shariat Appeal No.K19 of 1980 MUHAMMAD
Law:
Section:
(a) Penal Code (XLV of 1860)-----Ss.299 to 338--Constitution of Pakistan (1973), Art.203-F--Repugnancy to Injunctions of Islam--Offences against human body--Provisions of Ss.299 to 338, Penal Code which deal with offences against human body are repugnant to the Injunctions of Islam. Sections 299 to 338 of the Pakistan Penal Code, 1860 which deal with offences against human body arc repugnant to the Injunctions of Islam, as they-- (a) do not provide for the Otsas in cases of Qatl-al-amd (deliberate murder) and Jurooh-al-amd (deliberately causing hurt) as is prescribed in the Holy Qur'an and Sunnah; (b) do not provide for Diyat in cases of Shibh-ul-amd and Khata of both qatl (murder) and.lurh (hurt) its prescribed in the Holy Qur'an and Sunnah; (c) do not provide for compromise between the parties on agreed compensation when they make Sulh (compromise) in cases of Qatl and Jurh; (d) do not provide that the offender may be pardoned by the victim in cases of jurh (hurt), and by the heirs of tile victim in cases of Qatl (murder) whereby the Court can only award him a sentence of imprisonment by way of Ta'zir which may not extend to imprisonment for life; (c) do not exempt a non-pubert and ail insane offender from the sentence of death in cases of murder; and (f) do not define the different kinds of Qatl and Jurh (murder and hurt) in accordance with their respective punishments prescribed in the Holy Qur'an and Sunnah. (b) Penal Code (XLV of 1860)-- ---S.109--Constitution of Pakistan (1973), Art. 203-F--Repugnancy to Injunctions of Islam--Provision of 5.109, P.P.C. so far as it makes an abettor in case of murder and other offences against human body liable to the same punishment as is prescribed for the murder or for such offences regardless of the various degrees of abetment is repugnant to Injunctions of Islam. (c) Penal Code (XLV of 1860)-- ---S.54--Criminal Procedure C-cede (V of 1898), Ss.401, 402, 402-A & 402-B-Constitution of Pakistan (1973), Art.203-F--Repugnancy to Injunctions of Islam-Provisions of S.54, P.P.C. and Ss.401, 402, 4(12-A & 402-B, Cr.P.C. in so far as they empower the Central Government or a Provincial Government to commute the…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492