Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Arts. 203-D & 270-A---Power and jurisdiction of Federal Shariat Court---Scope---Fact that certain instruments were mentioned in Seventh Schedule of the Constitution in terms of Art. 270-A of the Constitution would not preclude the determination of the List on the touchstone of Art. 203-D of the Constitution to examine and decide the question whether or not the provisions under challenge were repugnant to the Injunctions of Islam as laid down in the Holy Quran and Sunnah---Such a proposition was also ascertainable from the Preamble of the Constitution. (b) Constitution of Pakistan (1973)--- ----Preamble---Oath under the Constitution---Significance---Ruling elite takes oath under the Constitution to preserve its sanctity---One who takes oath to preserve and protect the Constitution cannot break it to the detriment of entire nation; it is not like breaking the oath of an individual whose atonement is made possible by Islamic Injunctions---Constitution does not provide any expiation for the transgressors who were under oath to preserve it ; Constitution declares it to be a very serious offence. (c) Constitution of Pakistan (1973)--- ----Arts. 4 & 5---Interpretation of Arts. 4 & 5 of the Constitution---Articles 4 & 5 of the Constitution make it clear that deviation from law has not to be countenanced; this is an assurance to the people of Pakistan that people in authority shall treat them in accordance with law and each one is bound by these stipulations of the Constitution. (d) Zulfiqar Ali Bhutto Trust and Peoples Foundation Trust (Renaming and Administration) Order [P.O. 4 of 1978]--- ----Preamble---Zulifqar Ali Bhutto Trust and Peoples Foundation Trust (Renaming and Administration) (Amendment) Order [P.O. 6 of 1979], Preamble---Martial Law Order, 1979 [By Martial Law Administrator Zone No.26---Martial Law Order, 1977 [By Chief Martial Law Administrator] No.21---Constitution of Pakistan (1973), Arts. 2-A, 4, 12, 23, 24, 25 & 203-D---Trusts Act (II of 1882), Chapters III & IV---Civil Procedure Code (V of 1908), S.92---Repugnancy to Injunctions of Islam---Stipulated Presidential Orders/Martial Law…

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