Law: Constitution of Pakistan, 1973

Section: 188,203F,23,24,25

Law: Punjab Pre-emption Act, 1913

Section: 6

(a) Constitution of Pakistan (1973)-----Arts. 188 & 203-F---Review---Shariat Appellate Bench of Supreme Court is integral part of the Supreme Court and is one of its Benches and, therefore, empowered under Article 188 of the Constitution to review its s and orders.The Shariat Appellate Bench is an integral part of the Supreme Court and is one of its Benches and, therefore, empowered under Article 188 of the Constitution to review its s and orders. Per Shafiur Rahman, J.-- The Shariat Appellate Bench has limited and exclusive jurisdiction over matters specified in Chapter 3-A of Part VII of the Constitution. This proposition cannot justifiably extend to saying that it is a Court distinct and separate from the Supreme Court. The expression `Supreme Court' has been used in clause (1), clause (2), clause (2-A), clause (2-B), and clause (3) of Article 203-F of the Constitution but significantly only for the clauses (1) and (2) of Article 203-F this expression has been given the limited meaning of "Shariat Appellate Bench". Similarly, in clause (6) of Article 203-F, in Article 203-G, in clause (3) of Article 203-H of the Constitution the expression "Supreme Court" has been used but the limiting clause has not been applied to it. Such a duality, such an amalgam, has necessarily the effect of keeping the Supreme Court intact, of not carving out a Court out of a Court, but of creating a Bench with a distinction in procedure and subject-matter suited to the subject-matter of adjudication and consistent with the requirement of Injunctions of Islam in the matter of adjudication of questions pertaining to Quranic injunctions. The procedures and powers of the Supreme Court, excluding those constitutionally prescribed, have been left untrammelled to hold sway and to govern the proceedings of the Shariat Appellate Bench like that of any other Bench of the Supreme Court. Notwithstanding the provisions contained in Articles 203-F(3)(4), (5) and (6) for constituting a special (Shariat) Bench of the Supreme Court, this appellate forum i.e. the Shariat Appellate Bench is and remains a Bench of the Supreme Court." For these reasons power of review is available to Shariat…

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