Salahuddin Khan versus Federal Government of the Islamic Republic of Pakistan

•c V

IN THE FEDERAL SHARIAT COURT

X APPELLATE JURISDICTION )

PRESENT:

Mr.Justice Aftab Hussain Chairman Mr.Justice Ch.Mohammad Siddiq Member Mr.Justice Taqi Usmani Member SHARIAT P E r m O S SO. 1 4 /1 OF 1981 S a ia tm A H n Khan .... Petitioner Versus

Federal GovenEient of the .... Respondent Is l a i c Republic of Pakistan

SHARIAT PETITION NO.15/I OF 1981

Salahuddin Khan .... Petitioner Versus

Federal Government of the .... Respondent Islamic Republic of Pakistan

For the Petitioner Petitioner present in person

Date of hearing .... 25.7.1981 and decision

O R D E R

Article 203B of the Constitution defines law in its sub Article '(C^ to the following effect:

(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 three 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;"

Section 203D provides that the Court may, on the petition of a citizen of Pakistan or the Federal Contd. ...P/2.

Government or a Provincial Government, examine and decide the question whether or not any law or provision of law is repugnant to the Injunctions of Islam as laid down in the Holy Quran and the Sunnah and if the Court decides that any such law or provision of law is repugnant to the Injunctions it shall after giving reasons direct the President to amend it in the light of the observations and decision of the Court.

2.V If the definition of law in Article 203B is taken as a key to interpretation of that word as used in Article 203D, it would amount to this that this Court has no jurisdiction to make any declaration in regard to the Constitution, the Muslim Personal Law, any Procedural Law, and before the expiration of three 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.

3.The petitioner has virtually challenged t h e ^ provisions by these two petitions i.e. N o s .S.P.NO.14/1 of 1981 and S.P.N0.15/I of 1981 which we propose to decide by this order, on the ground that this Court is under a statutory obligation to strike off even a provision of Constitution or for the matter of that of any fiscal law if it is once held to be repugnant to the Injunctions of Islam. In the Second Shariat Petition, the petitioner in addition has challenged the vires of Wealth Tax Act which undoubtedly is a fiscal law though he concepded in para 4 of the Petition that the definition negates the jurisdiction of this Court as regards decision on vires of Fiscal and Tax Laws.

4.We have heard the petitioner at length but we are unable to agree with him, in view of the fact, that Contd. . . .P/3.

the language of Article 203D when iri'befpreted in the light of the definition of law in Article 203B is unambiguous, and our jurisdiction does not extend to the laws which have been excepted specifically from the definition of the term law. In view of this, we can neither go into the vires of the Constitution including the Provisional Constitution Order, 1981 nor into the vires of any fiscal law. Both these petitions are dismissed.

CHAIRMAN

MEMBER -All MEMBER - VII

Dated, Islamabad the 25th of July, 1981.