| Citation(s) |
|---|
| 2007 SLG 1537 2007 SLD 1537 2007 SCMR 1942 |
Supreme Court of Pakistan
Civil Shariat Review Petitions Nos.1 and 2 of 1991, decision dated: 11-10-2005, hearing DATE : 11-10-2004
JUSTICE ABDUL HAMEED DOGAR, CHAIRMAN, JUSTICES MUHAMMAD NAWAZ ABBASI, MIAN SHAKIRULLAH, JAN DR. ALLAMA KHALID MEHMOOD AND ALLAMA RASHID AHMED, JULLUNDHARI, MEMBERS
Hafiz S.A. Rehman, Advocate Supreme Court assisted by Ch. Akhtar Ali, Advocate-on-Record for Petitioner (in both cases). Nemo for
Respondent (in both cases)
Civil Shariat Review Petitions Nos.1 and 2 of 1991, decision dated: 11-10-2005, hearing DATE : 11-10-2004
JUSTICE ABDUL HAMEED DOGAR, CHAIRMAN, JUSTICES MUHAMMAD NAWAZ ABBASI, MIAN SHAKIRULLAH, JAN DR. ALLAMA KHALID MEHMOOD AND ALLAMA RASHID AHMED, JULLUNDHARI, MEMBERS
Hafiz S.A. Rehman, Advocate Supreme Court assisted by Ch. Akhtar Ali, Advocate-on-Record for Petitioner (in both cases). Nemo for
Respondent (in both cases)
FEDERATION OF PAKISTAN through Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of Pakistan, IslamabaD
VS
ZAFAR AWAN
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----Ss. 197, 345, 402-B & 402-C [as added by Pakistan Criminal Law (Fourth Amendment) Ordinance (XXX of 1991)---Pakistan Criminal Law Amendment Act (XL of 1958), S.6(5)---Penal Code (XLV of 1860), Ss.299 to 338-H [as substituted by Pakistan Criminal Law (Second Amendment) Ordinance (VII of 1990)]---Constitution of Pakistan (1973), Art.203-D---Provisions of S.197, Cr.P.C. and S.6(5) of Pakistan Criminal Law Amendment Act, 1958 being repugnant to Injunctions of Islam shall cease to have effect after 31st March, 2005---Such provisions did not have any nexus with provision of S.402-C, Cr.P.C.---Composition, suspension, remittance and commutation of sentences passed under Ss.299 to 338-H, P.P.C. could not be done without consent of victim or his heirs---Principles. Shariat Appellate Bench of Supreme Court vide judgment dated 30-11-1991 maintained order of Federal Shariat Court declaring the provisions of section 197, Cr. P. C. and that of section' 6(5) of Pakistan Criminal Law Amendment Act, .1958 to be repugnant to the Injunctions of Islam. Provision of section 402-C, Cr.P.C., has no nexus with the provision of section 197, Cr.P.C. or section 6(5) of Act, 1958. In order to bring the provisions of Chapter XVI dealing with the offences of the human body in conformity with the Injunctions of Islam, an amendment was brought in P.P.C. vide Criminal Law (Second Amendment) Ordinance, 1990, whereby sections 299 to 338-H, P.P.C. were substituted. A corresponding amendment was trade in section 345, Cr.P.C. whereby offences mentioned in the above Chapter were made compoundable with. the consent of the victim or as the case may be of legal heirs of victim. Section 402-C, Cr.P.C. was added to Cr.P.C. in Chapter XXIX after section 402-B vide Criminal Law (Fourth Amendment) Ordinance, 1991 so as to bring it in conformity with the injunctions of Islam as laid down in the Holy Qur'an and Sunnah. It was vide this added provision of law that composition, suspension, remittance and commutation of sentences passed under any of the section in Chapter XVI of P.P.C. could not be done without consent of the victim or as the case may be, of his…
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