| Citation(s) |
|---|
| 1992 SLG 2174 1992 SLD 2174 1992 PLJ 78 |
Supreme Court of Pakistan
Shariat Appeals Nos.16 and 17 of 1989, dismissed on 30.11.1991. [On appeal from judgment of Federal Shariat Court, Dated 29.6.1989, passed in Shariat Petitions No.18/1 and 19/1 of 1987]. Date of hearing: 20.2.1991.
DR. NASIM HASAN SHAH, CHAIRMAN, SHAFIUR RAHMAN, ABDUL QADEER CHAUDHRY, PIR MUHAMMAD KARAM SHAH AND MAULANA MUHAMMAD TAQI USMANI, JJ
Hafiz S-A.Rahman, Advocate, Supreme Court, instucted by Ch. Akhtar AH, AOR for Appellants.
Respondent: In person.
Shariat Appeals Nos.16 and 17 of 1989, dismissed on 30.11.1991. [On appeal from judgment of Federal Shariat Court, Dated 29.6.1989, passed in Shariat Petitions No.18/1 and 19/1 of 1987]. Date of hearing: 20.2.1991.
DR. NASIM HASAN SHAH, CHAIRMAN, SHAFIUR RAHMAN, ABDUL QADEER CHAUDHRY, PIR MUHAMMAD KARAM SHAH AND MAULANA MUHAMMAD TAQI USMANI, JJ
Hafiz S-A.Rahman, Advocate, Supreme Court, instucted by Ch. Akhtar AH, AOR for Appellants.
Respondent: In person.
PAKISTAN--Appellant
VS
ZAFAR AWAN--Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 197
Criminal Procedure Code, 1898 (V of 1898)-- —S.197 read with Pakistan Criminal Law Amendment Act, 1958, Section 6(5)-- Provisions about prior sanction for prosecution of public servants—Declaration that said provisions are un-Islamic-Challenge to—It is conceded that provisions under examination, act as a clog or impediment for an aggrieved party against a State functionary to seek redf ess in a court of law-Held: Such an unguided clog on right of an aggrieved person to seek redress is clearly against Injunctions of Islam-Appeals dismissed. JUDGMENT Shafiur Rahman, J.--The Federation of Pakistan has preferred two separate appeals as of right under Article 203-F(1) of the Constitution of the Islamic Republic of Pakistan, 1973 against the common judgment of the Federal Shariat Court dated 29th of June, 1989 disposing of thereby two separate petitions filed by the respondent; the one (Shariat Petition No.19/1 of 1987) seeking under Article 203-D of the Constitution a declaration to the effect that Section 197 of the Criminal Procedure Code (Act V of 1898) is repugnant to the Injunctions of Islam while by the other (Shariat Petition No.19/1 of 1987) a similar declaration in respect of sub-section (5) of Section 6 of the Pakistan Criminal Law Amendment Act, 1958 (Act No.XL of 1958). Both these Petitions filed by the respondent were allowed by a common judgment. Hence these appeals. 2. In Shariat Appeal No.16 of 1989, the provision challenged was Section 197 of the Criminal Procedure Code which reads as hereunder :— (1) When any person who is a Judge within the meaning of Section 19 of the Pakistan Penal Code, or when any Magistrate, or when any public servant who is not removable from his office save by or with the sanction of the Central Government or a Provincial Government, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except when the previous sanction— (a) in the case of a person employed in connection with the affairs of the Federation, of the President; and (b) in the…
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