| Citation(s) |
|---|
| 1993 SLG 239 1993 SLD 239 1993 SCMR 1523 |
Supreme Court of Pakistan
Criminal Appeals Nos. 22(S) of 1989, 17(S), 18(S), 19(S), and 26(S) of 1990, decision dated: 17-02-1993
SHAFIUR REHMAN, AJMAL MIAN, SAEEDUZZAMAN SIDDIQUI, PIR MUHAMMAD KARAM SHAH AND MAULANA MUHAMMAD TAQI USMANI, JJ
M. Azam Khan. Additional Advocate General, N.W.P. instructed by Nur Ahmed Khan, Advocate-on-Record for Appellant (in Cr. As. Nos. 22(S) of 1989 18(S), 19(S) and 26(S) of 1990) K.G. Sabir, Advocate instructed by Mian Shakrullah Jan. Advocate-on-Record for
Criminal Appeals Nos. 22(S) of 1989, 17(S), 18(S), 19(S), and 26(S) of 1990, decision dated: 17-02-1993
SHAFIUR REHMAN, AJMAL MIAN, SAEEDUZZAMAN SIDDIQUI, PIR MUHAMMAD KARAM SHAH AND MAULANA MUHAMMAD TAQI USMANI, JJ
M. Azam Khan. Additional Advocate General, N.W.P. instructed by Nur Ahmed Khan, Advocate-on-Record for Appellant (in Cr. As. Nos. 22(S) of 1989 18(S), 19(S) and 26(S) of 1990) K.G. Sabir, Advocate instructed by Mian Shakrullah Jan. Advocate-on-Record for
Criminal Appeal No. 17 S) of 1990 AZIZUR REHMAN
VS
THE STATE Criminal Appeal No 18(S, ) of 1990 STATE vs AZIZUR REHMAN Criminal Appeal No. 19 of 1990 STATE vs SAJJAD HUSSAIN and another Criminal Appeal No. 26, of 1990 STATE vs SAID AMIR
Law: Prohibition (Enforcement of Hadd) Order (4 of 1979)
Section: 1,3/4,1(2)
Law: Constitution of Pakistan, 1973
Section: 203-F,270A
(a) Prohibition (Enforcement of Hadd) Order (4 of 1979)---Art. 3/4---Constitution of Pakistan (1973), Art.203-F---Leave to appeal was granted to examine whether the Federal Shariat Court had rightly decided the question of its jurisdiction over the Federally Administered Tribal Areas. (b) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Art. 1(2)---Extension of Prohibition (Enforcement of Hadd), Order, 1979 to Federally Administered Tribal Areas---Since Order is not an Act of Majlis-e-Shoora but is a Constitutional Order made by the President and the Chief Martial Law Administrator and is expressly said to extend to whole of Pakistan within which are included the Federally Administered Tribal Areas, it would extend to Federally Administered Tribal Areas. (c) Interpretation of statutes--- ---- Express exclusion---What is excluded by express words cannot be included on any principle of interpretation. (d) Constitution of Pakistan (1973)--- ----Arts. 203-A & 270-A---Federally Administered Tribal Areas (Exclusion of Jurisdiction of Federal Shariat Court) Order (5 of 1989), Art. 2---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 1(2) & 29---Jurisdiction of Federal Shariat Court, whether extensible to Federally Administered Tribal Areas---Article 203-A provides that provisions relating to the powers and jurisdiction of Federal Shariat Court as contained in Chap. 3A, Part VII of the Constitution shall operate notwithstanding anything contained in the Constitution---Article 2 of Federally Administered Tribal Areas (Exclusion of Jurisdiction of Federal Shariat Court) Order (5 of 1984), cannot, after revival of Constitution compete against Art. 203-A of the Constitution---Application of Prohibition (Enforcement of Hadd) Order, 1979 have been extended to whole of Pakistan, Federal Shariat Court has jurisdiction over the Federally Administered Tribal Areas. Miss Benazir Bhutto v. Federation of Pakistan and another PLD 1985 SC 416 and Qazalbash Waqf and others v. Chief Land Commissioner, Punjab, Lahore and others PLD 1990 SC 99 ref. (e) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Art. 3/4---Disposal of appeals by Federal Shariat…
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