Law:

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Constitution of Pakistan (1973) Arts. 203 F & 188 Supreme Court Rules, 1980 O.XXVI, R.1 ¬Review of Supreme Court Assailing of passed by Federal Shariat Court Validity Judgment of Federal Shariat Court was not under review and entire submissions being out of context, could not be taken into consideration All contentions were raised at the time of hearing of main appeal which were elaborately dealt with and discussed in the under review Scope of review being limited did not allow re hearing or appreciation of evidence afresh Review petition was dismissed. Shariah The Islamic Law; Book of Al Ahkam (Judgments) Chapt. 22; Holding Fast to the Quran and the Sunna and The State v. Sohail Ahmad and 4 others PLD 1990 FSC 29 ref. Dr. Khalid Ranjha, Advocate Supreme Court and for Petitioner. Malik Rab Nawaz Noon, Advocate Supreme Court for the Complainant. Date of hearing: 19th October, 2004. ORDER JUSTICE ABDUL HAMEED DOGAR (CHAIRMAN). By this review petition, petitioner seeks review of judgment, dated 1 122003 of this Court whereby Criminal Appeal No.38((S) of 1998 filed by petitioner was dismissed. 2. Dr. Khalid Ranjha, learned counsel for the petitioner contended that in view of provisions of section 439, Cr.P.C. and Article 203 DD of the Constitution of Islamic Republic of Pakistan, 1973, it was mandatory for the learned Federal Shariat Court to issue show cause notice to petitioner before enhancing his sentence from imprisonment for life to death. According to him, since the above provisions of above law have not been followed by the learned Federal Shariat Court in letter and spirit as such the entire proceedings stood vitiated and the sentence of death is liable to be set aside. He vehemently stressed that major penalty of death would not be. justified in this case as the judgment of Federal Shariat Court whereby the sentence of petitioner was enhanced was a judgment at variance. The learned two Judges of the Federal Shariat Court enhanced the sentence of life imprisonment to normal penalty of death whereas the third Judge accepted…

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