Fayyaz Ali Khan Vs. Federation of Pakistan through Secretary Law and Justice Division, Islamabad

P L D 2024 Federal Shariat Court 33 Before Iqbal Hameedur Rahman, C.J., Khadim Hussain M. Shaikh, Dr. Syed Muhammad Anwer and Ameer Muhammad Khan, JJ FAYYAZ ALI KHAN---Petitioner Versus FEDERATION OF PAKISTAN through Secretary Law and Justice Division, Islamabad---Respondent Shariat Petition No. 01/I of 2024, decided on 23rd April, 2024. Constitution of Pakistan--- ----Arts. 203B(c), 203D & 262---Shariat petition---Gregorian calender---Provision of Art, 262 of the Constitution---Repugnancy to injunctions of Islam---Bar against jurisdiction of Federal Shariat Court---Petitioner contended that provision of Art. 262 of the Constitution was violative of injunctions of Islam---Validity---Provision of Art. 203B(c) of the Constitution envisages that law to be examined and decided, inter alia, includes any custom or usage having the force of law but does not include the Constitution, Muslim Personal law and any other law relating to procedure of any Court or tribunal---Such bar in the Constitution itself under Art. 203B(c) of the Constitution does not empower Federal Shariat Court to examine any Article of the Constitution---Shariat petition was dismissed as being not maintainable.

Petitioner in person.

Mian Muhammad Faisal Irfan, DAG for Federation of Pakistan, Sana Ullah Zahid, Add: A.G., Punjab, Ahsan Hameed Dogar, Advocate on behalf of A.G., Sindh, Anees Muhammad Shahzad, Advocate on behalf of A.G., KP and Tahir Iqbal Khattak, Addl: A.G., Balochistan for the State.

Date of hearing: 23rd April, 2024.

JUDGMENT

IQBAL HAMEEDUR RAHMAN, C.J.---The Petitioner by way of instant Shariat Petition has challenged Article 262 of the Constitution of Islamic Republic of Pakistan, 1973 and prayed that:- "Order may kindly be passed to declare Islamic lunar calendar as official calendar of Islamic republic of Pakistan and ask the respondent to make all efforts to insert Islamic calendar instead of Gregorian calendar in all official record of the Gov't. It is further prayed that petitioner may kindly be allowed to argue his case for elaboration of his research and point of view along with his counsel. Any other relief if this Court deems fit may also kindly be awarded please in the interest of justice, please".

2.The impugned Article 262 of the Constitution is reproduced hereinbelow:- "262. For the purposes of the Constitution, periods of time shall be reckoned according to the Gregorian calendar."

3.Before dealing with the impugned Article 262 of the Constitution, it is pertinent to mention that powers to examine under Article 203 B (c) of the Constitution on the touch stone of injunction of Islam contained in the Holy Quran and Sunnah of the Holy Prophet ( ), which is reproduced here for the sake of convenience:-

"203B.

(a)..

(b)..

(bb)

(c)"law" includes any custom or usage having the force of law but does not include the Constitution, Muslim personal law, any law relating to the procedure of any court or tribunal or, until the expiration of 3[ten] years from the commencement of this Chapter, any fiscal law or any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure; and" (Emphasis added) The above Article envisages that the law to be examined and decided, inter alia, includes any custom or usage having the force of law but does not include the Constitution, Muslim personal law and any other law relating to procedure of any Court or tribunal. In the light of this bar contained in the Constitution itself under Article 203B(c), this Court is not empowered to examine any Article of the Constitution.

4.In view of the above, this petition from its face is not maintainable. The petitioner has also not been able to satisfy the Court as to how this petition is maintainable in view of embargo contained in Article 203B(c) of the Constitution of the Islamic Republic of Pakistan, 1973. Accordingly, this petition being not maintainable is dismissed. MH/5/FSC Petition dismisseD