Nadeem Siddiqui Advocate Supreme Court Vs. Islamic Republic of Pakistan

sik ORDER SHEET

IN THE FEDERAL SHAR1AT COURT

SHARIAT PETITION NO.10/I OF 2013

Nadeem Siddique Petiticner

VERSUS

Federation of Pakistan Respondent

PRAYER:-

Date of Order of Proceeding Order of Chief Justice/Judge 28.06.2013 Nemo:

Islamabad

Learned counsel for the petitioner has through application requested for adjournment on account cf his professional engagements at Lahore. Request is allowed. Adjourned as requested. Date in office. Learned counsel has through ano-.her application bearing Misc. No. 12/1/2013 also requested for transfer of this petition to Lahore in the interest of justice.

As both petitioner and the learned counsel are residing at Lahore, this petition may, therefore, be placed before the Hon'ble Chief Justice for passing order for transfer of this petition to Lahore as deemed appropriate.

JUSTICE ALLAMA DR. FIDA MUHAMMAD KHAN

JUSTIC WAN AL! DODANI

JUSTICE MUIIAMMA*ftANGIR ARSHAD

-----t

JUSTICE SHEIKH AHMAD FAROOQ

r.

JUSTICE S ZADO SHAIKH

Muieeb/*

tariat.Petition No.10/I of 2013

02.13.4.2015 Ch. Bashir Hussain Khalid, Advocate for the petitioner. Lahore Mr. Nadeem Siddiqui, petitioner/Advocate present.

Preliminary hearing

Learned counsel for the petitioner, after arguing the case at some length requests for short adjourn-nen-. to further prepare the matter and if needed file an amended petition I'm this purpose, if advised to do so.

Adjourned, as requested. Date in office.

MR. JUSTICE ALLAMA DR. FIDA MUHAMMAD KHAN

ILA

MR. JUSTICE SHEIKH NAJAM-UL-HASAN

MR. JUSTICE ZAHOOR AHMED SHAHWANI

Sh. Petition No.10/1 of 2013

3.19.10.2016 Mr. Aziz Ahmad Malik, Advocate for the petitioner. Lahore

Preliminary Hearing

On behalf of the petitioner new wakalatnama has been submitted by Mr. Aziz Ahmad Malik, Advocate. Request for adjournment has been made. Adjourned to a date by the office.

Mr. Justice Riaz Ahmad Khan Chief Justice

Mr. Justice Alla a Dr. Fida Muhammad Khan

<WA--

Mr. Justice SIC Najam ul Hasan

Intran /*

• Sh. Petition No.10/I of 2013

17.01.2017 Mr. Aziz Ahmad Malik, Advocate for petitioner. Lahore

Preliminary Hearin

Learned Counsel for the petitioner requests for adjournment. Adjourned. To be fixed on 2401.20l7.

Mr. Justice Riaz Ahmad Khan Chief Justice

Mr. Justice Allama Dr. Fida Muhammad Khan Mr. Justice eikh Najam ul Hasan Imran I*

Sh. Petition No.10/I of 2013

5.24.01.2017 Nemo for the petitioner.

Lahore

Preliminary Hearing

Clerk of learned Counsel for the petitioner namely Shaukat Ali present and states that the learned Counsel for the petitioner is busy in Hospital where his daughter is admitted. Request for adjournment has been made. Accordingly, the case is adjourned to a date by the office.

Mr. Justice niaz Ahmad Khan Chief Justice

Mr. Justice Allama Dr. Fida Muhammad Khan

Mr. Justichl Sheikh Najam iii Dasan Imran I*

tic Sh.Petition No.10/1/2013

6.16.10.2017. Altaf Aziz Malik, Clerk of learned counsel for petitioner. Lahore.

Preliminary Hearing.

Clerk of Mr.Aziz Ahmad Malik, Advocate for petit,oner has shown appearance and stated that wife of the learned counsel suddenly got sick and now has been shifted to hospital. It is not possible for the learned counsel to attend the Court today. Request for adjournment has been made.

Adjourned to 17.10.2017.

ert- 4\ .1‘.04-•-•

MR.JUSTICTH.NAJAM UL HASAN

CHIEF JUSTICE

MR.JUSTICE ALLAMA DR.FIDA MUHAMMAD KHAN

MR.JUSTICE ME D MAQBOOL BARNA

Mubashar•

Sh.Petition No.10/1/2013

7.17.10.2017. Mr.Nadeem Siddiqui, Advocate/Petitioner. Lahore.

Preliminary Hearing.

The petitioner Mr.Nadeem Siddiqui, Advocate is present.

The petitioner at the very outset states that Malik Aziz Ahmad, Advocate was to appear as his counsel but unfortunately his wife is still indisposed and as such he is not available. Request for adjournment has been made.

This case is pending since long and is still at the preliminary stage . The matter can not be kept pending for indefinite period. The petitioner states that he will arrange for some other counsel or shall appear in person tomorrow to make submission after reconsidering as to whether he wants to pursue this matter anymore or not. Let him do so.

Adjourned to 18.10.2017.

s

MR.JUSTICE SH. AJAM UL HASAN

CHIEF JUSTICE

MR.JUSTICE ALLAMA DR.FIDA MUHAMMAD KHAN

MR.JUSTICE Malc4kMAQBOOL BAJWA

Mubashar*

Sh.Petition No.10/1/2013 -8-

8.18.10.2017. Ch.Bashir Hussain Khalid and Mr.Aziz Ahmad Malik, Advocates Lahore. for the petitioner.

Mr.Nadeem Siddiqui, Advocate/Petitioner.

Preliminary Hearing.

Mr.Aziz Ahmad Malik, Advocate has shown appearance. He want further time to prepare the brief. Ch.Bashir Hussain Khalid, Advocate is present and agrees with the request of learned counsel.

Request is allowed.

This is very old matter relating to year 2013 and still pending at preliminary stage. This petition has not been admitted for regular hearing till date. As the learned counsel are insisting for last and final opportunity, it is made clear that no further adjournment shall be given in this matter. The learned counsel are directed to come prepared and well equipped with the law.

Adjourned to a date in Office.

st al - A aka

MR.JUSTICE SH.N,PLJAM UL HASAN

CHIEF JUSTICE

MR.JUSTIE

lt

E LAMA DR.FIDA MUHAMMAD KHAN

Alialie

MR.JUSTICE ME MAQBOOL BAJWA

Mubashar*

Sh.Petition No.10/1/2013 AND Sh.Petition No.7/1/2013 •

9.28.11.2017. Ch.Bashir Hussain Khalid, Advocate for petitioner. Lahore.

PRELIMINARY HEARING.

These Shariat Petitions were fixed for today before the Full Bench for preliminary hearing but the Board was discharged due to the road blockage and Dharna. The learned counsel Ch.Bashir Hussain Khalid has appeared and request for early fixation of these Shariat Petitions and in alternative, the learned counsel has requested for transfer of these petitions at Principal Seat, Islamabad where the Court is ordinarily available. The Shariat Bench was constituted for deciding the Shariat Petitions pending at Bench Registry, Lahore. Due to un-avoidable circumstances, the Board was discharged and the cases were adjourned. As the Full Bench is not expected at Bench Registry, Lahore in near future, so, in the interest of justice and as per request of the learned counsel, these petitions be transferred to Principal Seat, Islamabad. Record be also transferred, accordingly.

MR.JUSTICE SH.NAJAM UL HASAN

CHIEF JUSTICE

Mubashar*

ORDER SHEET

IN THE FEDERAL SHARIAT COURT OF PAKISTAN

Sh. Petition No.10-I of 2013 (Nadeem Siddiqui Vs. Federation of Pakistan through Secretary, Ministry of Law, Justice and Parliamentary Affairs)

Alongwith

Sh. Petition No.07-L of 2013 (Nadeem Siddiqui Vs. Federation of Pakistan through Secretary, Ministry of Law, Justice and Parliamentary Affairs)

DATE PRESENT

10.05.03.2018 Nemo. •

Islamabad

Preliminary Hearing

Learned counsel for the pet:tioner has sent an application stating therein that he is indisposed and is unable to appear before this Court today. Request for adjournment has been made.

The record reveals that this shariat petition was filed in the year 2013 and the same is still at preliminary stage, which cannot be kept pending for indefinite period.

In the above circumstances, one last opportunity is given and the case is adjourned to a date in Office.

The petitioner is directed to procure his representation on the next date of hearing.

MR. JUSTICE SH.CDIAJAM UL HASAN

CHiEF JUSTICE

caL

MR. JUSTICE ALLAMA DR. FIDA MUHAMMAD KHAN

MR. JUSTICE ME OD MAQBOOL BAJWA

'Ch. Ilyas'

ORDER SHEET

INTHE- FEDERAL- SHARIAT COURT OF 'PAK-ISTAN

Sh. Petition No.10-I of 2013 (Nadeem Siddiqui Vs. Federation of Pakistan through Secretary, Ministry of Law, Justice and Parliamentary Affairs)

Alongwith Sh. Petition No.07-L of 2013 (Nadeem Siddiqui Vs. Federation of Pakistan through Secretary, Ministry of Law, Justice and Parliamentary Affairs)

DATE PRESENT

11.30.10.2018 Ch. Bashir Hussain Khalid, Advocate for the petitioner. Islamabad

Preliminary Hearing

We have heard arguments advanced by learned counsel for the petitioner. Before proceeding further, we would like to hear the State regarding maintainability of this shariat petition, so let pre-admission notice be issued to the State for the next date of hearing.

Learned counsel for the petitioner states that he has to come from Lahore. He has filed other shariat petitions, which are fixed today. He, therefore, requests that these shariat petitions be fixed and heard together in future. Request made by learned counsel is allowed. Office is directed to fix the present shariat petitions together with other shariat petitions in which learned counsel is appearing. Order accordingly.

Date in Office.

A Ike., MR. JUSTICE SH. Ik1AJAM UL HASAN

CHIEF JUSTICE

MR. JUSTICE ALLAMA DR. FIDA MUHAMMAD KHAN

MR. JUSTICE MEHISAQBOOL BAJWA

'Ch. Ilyas'

ORDER SHEET

IN THE FEDERAL SHAR1AT COURT OF PAKISTAN

(Original Jurisdiction)

Sh. Petition No. 10/1 of 2013.

(Nadeem Siddiqui Vs. Federation of Pakistan through Secretary, Ministry of Law, Justice and Parliamentary Affairs) Alongwith Sh. Petition No. 07/L of 2013.

(Nadeem Siddiqui Vs. Federation of Pakistan through Secretary, Ministry of Law, Justice and Parliamentary Affairs)

DATE PRESENT

12.18.02.2019 Nemo for the petitioner.

Islamabad Mr. Walliyat Khan, Assistant Advocate General, KPK.

Pre-Admission Notice.

The learned counsel for the petitioner has sought adjournment on the ground that he is busy before Hon'ble Lahore High Court, Lahore in part-heard matters and is therefore, unable to attend this Hon'ble Court today.

Except Government of KPK, no one is present on behalf of Federal Government or other Provincial Governments.

The office is directed to repeat notices to the Federal Government as well as the Provincial Governments.

Adjourned to a date in office.

MR. JUSTICE DR. FIDA MUHAMMAD KHAN

MR. JUSTICE MEHAkc4AQBOOL BAJWA

MR. JUSTICE SYED FAROOQ SHAH

Taryad Ali'

tit ORDER SHEET

IN THE FEDERAL SHARIAT COURT OF PAKISTAN

(Original Jurisdiction)

Sh. Petition No. 10/I of 2013.

(Nadeem Siddiqui Vs. Federation of Pakistan through Secretary, Ministry of Law, Justice and Parliamentary Affairs) Alongwith Sh. Petition No. 07/L of 2013.

(Nadeem Siddiqui Vs. Federation of Pakistan through Secretary, Ministry of Law, Justice and Parliamentary Affairs)

a DATE PRESENT €4. 30.04.2019 Ch. Bashir Hussain Khalid, Advocate for the petitioner in both the Islamabad petitions.

Syed Faizan Ali Gardaizi, Advocate on behalf of Addl: Advocate General, Punjab.

Mr. Walliyat Khan, Assistant Advocate General, KPK. Mr. Ahsan Hameed Dogar, Advocate on behalf of Advocate General, Sindh.

Pre-admission Hearing.

Learned counsel for the petitioner as well as the Law officer representing the Provinces except Addl: AG, Baluchistan is present. However, Mr. M. Pervaiz Khan Tanoli, Assistant Attorney General for Pakistan is reportedly busy before the High Court of Sindh at Karachi.

Obviously, in view of the position stated above, the case cannot proceed and is therefore, Adjourned to a date in office.

MR. JUSTICE DR FIDA MUHAMMAD KHAN

MR. JUSTICE MEPTIUM MAQBOOL BAJVVA

MR. J TICE S D MUHAMMAD FAROOQ SHAH

'Faryad Ali'

bitif ORDER SHEET

IN THE FEDERAL SHARIAT COURT OF PAKISTAN

(Original Jurisdiction)

Sh. Petition No.10-I of 2013 (Nadeem Siddiqui Vs. Federation of Pakistan through Secretary Ministry of Law and Justice)

Date Present

14.11.11.2019 Ch. Bashir Hussain Khalid Advocate, for the petitioner. Islamabad Ch. lshtiaq Mehrban, Deputy Attorney General for Pakistan.

Pre-Admission Notice

Learned counsel for the petitioner requests for

adjournment. Request is allowed.

Adjourned. Date in office.

MR. JUSTICE OOR MESKANZAI

CHIEF JUSTICE

MR. JUSTICE ALLAMA DR. FIDA MUHAMMAD KHAN

MR. JUSTI MMAD FAROOQ SHAH

Salman/*

ORDER SHEET

IN THE FEDERAL SHARIAT COURT OF PAKISTAN

(Original Jurisdiction)

Sh. Petition No.10-I of 2013 (Nadeem Siddiqui Vs. Islamic Republic of Pakistan through Secretary Ministry of Law, Justice and Parliamentary Affairs) Date Present

15.26.11.2020 Nemo for the petitioner.

Islamabad Ch. Ishtiaq Mehrban, Deputy Attorney General for Pakistan Mr. Shaukat Rauf Sadigui, Additional Advocate General, Punjab. Barrister Babar Shahzicl Imran, Assistant Advocate General, KPK.

Pre-Admission Notice

SH. MISC. APPLICATION NO. SP OF 2020

Learned counsel for the petitioner has sought a adjournment on the ground that he is going to appear before Lahore High Court Bench at Bahawalpur, therefore, not in a position to attend this Court. Besides, he has also requested that this matter may be fixed at Bench Registry, Lahore.

Respondents have got no objection for fixation of this matter at Bench Registry, Lahore. So, both the requests are granted.

Office is directed to fix this case at Bench Registry, Lahore.

Sh.Misc.App No. 05/I of 2020 is disposed of accordingly.

Adjourned. Date in office.

KANZA:

CHIEF JUSTICE

MR. JUSTICE SHAUKAT ALI RAKHSHANI

MR. JU‘TICE DR. SYED MUHAMMAD ANWER

Salman/*

ORDER SHEET

IN THE FEDERAL SHARIAT COURT OF PAKISTAN

(Original Jurisdiction)

S.P.No.10/1/2013 Nadeem Siddiqui versus Islamic Republic of Pakistan through Secretary, Ministry of Law, Justice & Parliamentary Affairs

PRESENT

16.03.10.2022 Nemo for the petitioner Islamabad Mr. Atif Ali Than, Addl. Advocate General, KP. Ms. Amina Ali, Asst. Advocate General, Punjab Mr. Ahsan Hameed Dogar, Asst. Advocate General, Sindh Mr. Muhammad Farid Dogar, Asst. Advocate General, Baluchistan.

PRE-ADMISSION NOTICE:

No one has appeared on behalf of the petitioner and the Federation as well. The learned counsel for petitioner is directed to appear positively on the next date of hearing. The learned law officers representing the respective provinces seek time to prepare their case.

The request is allowed. The case is adjourned for tomorrow i.e. 04.10.2022.

(JUSTICE DR. SYED MUHAMMAD ANWER)

Acting Chief Jus

(JUSTICE KHADIM HUSSAIN M. SHAIKH)

Khalid/*

ORDER SHEET

IN THE FEDERAL SHARIAT COURT OF PAKISTAN

(Original Jurisdiction)

Shariat Petition No.10/1/2013 Nadeern Siddiqui versus Islamic Republic of Pakistan through Secretary, Ministry of Law, Justice & Parliamentary Affairs, Islamabad

PRESENT

17.04.10.2022 Raja Muhammad Jawad Arsalan, Asst. A.G. Islamabad Mr. Atif All Khan, Addl. Advocate General, KP. Ms. Amina AIL Asst. Advocate General, Punjab Mr. Ahsan Hameed Dogar, Asst. Advocate General, Sindh Mr. Muhammad Farid Dogar, Asst. Advocate General, Baluchistan.

PRE-ADMISSION NOTICE:

The learned Assistant Attorney General has submitted that the "House Building Finance Corporation Act, 1952" has been repealed vide the Act No.XXV of 2018, dated 24.05.2018, copy whereof has been placed on record. However, regarding the nomenclature of the Act, the learned Law Officers seek time to have clarification in this regard from the Law Division.

2.Adjourned. To be fixed after fortnight.

(JUSTICE DR. SYED MUHA

el AD ANWER) Acting Chief s • '

(JUSTICE KHADIM HU AIN M. SHAIKH)

K ha I e

ORDER SHEET

IN THE FEDERAL SHARIAT COURT OF PAKISTAN

(Original Jurisdiction) Shariat Petition No.10/1/2013 Nadeem Siddiqui versus Islamic Republic of Pakistan through Secretary, Ministry of Law, Justice & Parliamentary Affairs, Islamabad

PRESENT

18.25.10.2022 Nemo for petitioner Islamabad Raja Muhammad Jawad Arsalan, Assistant Attorney General Ms. Amina Ali, Assistant A.G. Punjab Mr. Ahsan Hameed Dogar, Assistant A.G. Sindh Mr. Kamran Murtaza, Assistant A.G. KI3K Mr. Fareed Ahmad Dogar, Assistant A.G., Baluchistan Mr. Iftikhar-ul-Hassan, Dy. Solicitor, Ministry of Law & Justice

PRE-ADMISSION NOTICE:

The petitioner and his counsel despite service of notice have not turned up without any intimation.

The learned Assistant Attorney General has stated that there was a typographical error in the gazette published by Senate Secretariat. In this regard, he files a copy of letter, dated 25.10.2022, issued by the Ministry of Law & Justice Division to the Senate Secretariat, Islamabad in respect of issuance of corrigendum to omit the expression "(Repeal)" in Section 2 of the "House Building Finance Corporation (Repeal) Act, 1952". The learned law officer representing the Federation is required to produce copy of gazette after necessary rectification in the "House Building Finance Corporation (Repeal) Act, 2018". The case is adjourned to a date in office.

(JUSTICE hR. SYED MUHAMMAD ANVVER) Acting Chief Julicy

(JUSTICE KHADIM HTJMSAIN M. SHAIKH)

Khalielf

ORDER SHEET

IN THE FEDERAL SHARIAT COURT OF PAKISTAN

(Original Jurisdiction) Shariat Petition No.10/1/2013 Nadeem Siddiqui versus Islamic Republic of Pakistan through Secretary, Ministry of Law, Justice & Parliamentary Affairs, Islamabad

PRESENT

19.14.11.2022 Nemo for petitioner Islamabad Raja Muhammad Jawad Arsalan, Assistant Attorney General Ms. Amna Ali, Assistant A.G. Punjab Mr. Ahsan Hameed Dogar, Assistant A.G. Sindh Mr. Mubashir Manzoor, Assistant A.G. KPK Mr. Fareed Ahmad Dogar, Assistant A.G., Baluchistan Mr. Iftikhar-ul-Hassan, Dy. Solicitor, Ministry of Law & Justice

PRE-ADMISSION NOTICE:

Despite service of notice, neither the petitioner nor his counsel is in attendance.

On the other hand, the learned Assistant Attorney General has submitted a copy of Gazette (Corrigenda), dated 03.11.2022, rectifying the earlier enactment of the House Building Finance Corporation (Repeal) Act, 2018 by omitting the expression "(Repeal)" in Section 2 of the "House Building Finance Corporation (Repeal) Act, 1952".

Reserved for order.

(JUSTIC DR. SYED MUHAMMAD ANVVER)

Acting ChiePJ tice

(JUSTICE KHADIM H SAIN M. SHAIKH)

Khalie

IN THE FEDERAL SHARIAT COURT

(ORIGINAL JURISDICTION)

PRESENT

MR. JUSTICE DR SYED MUHANIMAD ANVVER, ACTING CHIEF JUSTICE

MR. JUSTICE KHADIM HUSSAIN M. SHAIKH

SHARIAT PETITION NO. 10/I OF 2013

Nadeem Siddiqui Advocate Supreme Court of Pakistan, 4-Mozang Road, Lahore.

PETITIONER

VERSUS

Islamic Republic of Pakistan through Secretary Law & Justice, Government of Pakistan, Islamabad.

RESPONDENT

For the Petitioner: Nemo For the respondent: Raja Muhammad Jawad Arsalan, Assistant Attorney General Ms. Amna Ali, Assistant A.G. Punjab Mr. Ahsan Hameed Dogar, Assistant A.G. Sindh Mr. Mubashir Manzoor, Assistant A.G., KP.

Mr. Fareed Ahmad Dogar, Assistant A.G.

Balochistan Date of Institution: 20.05.2013 Date of Hearing: 14.11.2022 Date of Order: 21.11.2022

ORDER

DR. SYED MUHAMMAD ANVVER, ACT: Through this Shariat Petition, the petitioner has challenged Sections 28, 29 and 30 of the HoUse Building Finance Corporation Act, 1952 (XVIII of 1952) for being repugnant to the injunctions of Islam.

2.Perusal of the instant petition reveals that Section 28 of the House Building Finance Corporation Act, 1952 (XVIII of 1952) (hereinafter referred to as "Act of 1952") gives unfettered power to the House Building Finance Corporation (hereinafter referred to as "Corporation") to sell out the house of a borrower in case of default in repayment of the loan amount, which

Shariat Petition No.10-I of 2013 Page-2

renders the Corporation into a money lender engaged in usury, which is forbidden by the express command of the Holy Quran. Similarly, Section 29 of the Act of 1952 has been challenged on account of being un-Islamic as it gives absolute right to the Corporation to direct the borrower to repay the whole loan amount, in case the borrower fails to pay even one installment. Likewise, Section 30 of the Act of 1952 has been challenged being repugnant to the injunctions of Islam as it restricts the borrower's rights towards his mortgaged property.

3 In response to the instant petition, the learned Assistant Attorney General submitted that the Act of 1952 has already been repealed vide the House Building Finance Corporation (Repeal) Act, 2018 (Act No.XXV of 2018) (hereinafter referred to as "Act of 2018"), dated 24.05.2018. However, perusal of the repealing law revealed that the nomenclature of the law, which was to be repealed, was wrongly mentioned as "The House Building Finance Corporation (Repeal) Act, 1952 (XVIII of 1952)" instead of "The House Building Finance Corporation Act, 1952 (XVIII of 1952)". Upon pointing out, the respondent filed a corrigenda, which reads as under:

SENATE SECRETARIAT

CORRIGENDA

Islamabad, the 1st November, 2022

[to the Gazette of Pakistan, Extraordinary, Part-I, dated the 24th May, 2018, containing the House Building Finance Corporation (Repeal) Act, 2018 (Act No.XXV of 2018)]

In the House Building Finance Corporation (Repeal) Act, 2018, at page 388 of the Gazette, in first line of Section 2, the expression "(Repeal)" shall be omitted.

In view of the above, the learned Assistant Attorney General stated that the mistake has been rectified, the expression "(Repeal)" in Section 2 of the House Building Finance Corporation (Repeal) Act, 2018 is omitted.

Shariat Petition No.10-I of 2013 Page-3

Since the impugned law has already been repealed, therefore, the petition in hand becomes infructuous and is accordingly DISMISSED.

However, it is noted with dismay that law under discussion i.e. the Act of 2018 (Act No.XXV of 2018) was virtually a one-liner law, yet it suffered from a serious mistake of legislative drafting, which needless to say practically defeated the very cause of its promulgation. The State cannot afford even a slightest error in drafting of laws, as it may cause serious legal complications. Therefore, the Secretary Law & Justice is directed to ensure special care in legislative drafting, keeping in view the sensitivity attached thereto“ as a mistake of only one word, as happened in the subject legislation, may defeat its very purpose. A copy of this order be sent to Secretary Law & Justice for compliance.

MR. JU ICE DR. SYED MUHAMMAD ANWER

ACTING CHIEF JUSTICE

MR. JUSTICE KHADIM HUSSAIN M. SHAIKH

Announced in Open Court on 21.11.2022, at Islamabad.