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1

S. No.

Shariat Petition No. & Party Names

Law Challenged

FSC Decision

Appeal filed in the Hon.Supreme Court of Pakistan or not with Status

1.

Sh.P.No.1/L/1979

Mr. Ghulam Nabi Awan

Vs.

The Fed: of Pakistan

L/W

Sh.P.No.18/K/1979

Syed Masood Ahmed Vs. President of Pakistan

Iztirar section 6 (regarding drinking of liquor) of the Prohibition (Enforcement of Hadd), Order 1979 challenged being repugnant to injunctions of Islam.

Sections 17 of the said Ord. (regarding Licensee for Bonfire Medicinal or other Purpose).

The use of liquor during iztrar is, therefore, not repugnant to the Holy Quran or Sunnah. Nor can, any objection be taken to the definition of iztrar in the Prohibition (Enforcement of Hadd), Order 1979. Appeals dismissed. (Judgment dated 13-12-1980).PLD 1983-FS2C Page 55

Appeal not filed

2.

Sh.P.No.1/K/1979

Muhammad Shafi Muhammadi

Vs.

The Federation of Pakistan S.P.No.13/L/1979

Muhammad Riaz Vs.

Federal Govt. another

L/W

S.P.No.69/L/1979

L/W

S.P.No.09/L/1980

L/W

S.P.No.O2/K/1979

L/W

S.P.No.12/K/1979

L/W

S.P.No.07/K/1980

L/W

S.P.No.04/K/1980

L/W

S.P.No.20/L/1979

Qisas and Diyat Ord.

The death sentence U/S 302 PPC R/W Sec.109 and 111of PPC is un Islamic unless it is based on Al-Haq.

The court has declared that the judgment of the Shariat Bench of the Peshawar High Court 1-10-1979 in Gul Hassan Khan Vs Government of Pakistan reported as PLD 1980 Peshawar-1, declaring sections 54, 55 and 302 of the Pakistan penal code and sections 345 (7),401,402 and 402-B of code of Criminal Procedure with the relevant parts of the schedule repugnant to Injunctions of Islam has binding and holds the field (2) It is held by majority that section 302 PPC has also repugnant to Injunctions of Islam on the following additional ground:-

No exemption of death sentence has been provided for (a) an offender who is insane at the time of execution and (b) a Parent killing his/her son (3) Sections 304 and 304-A have repugnant because they do not also provide for composition and payment deeyat (4) Sections 324,325,326,329,331 and 333 have repugnant because they do not also provide for Qisas or payment of compensation (Deeyat, ursh or Daman). (5) Further more sections 326 and 329 have repugnant because they do not provide for payment of Deeyat (6) Sections 335, and 338 are repugnant because they do not also provide for payment of Deeyat. (7) other provisions relating in hurt in chapter XVI of PPC have repugnant as they do not provide for absolute compundability and payment of compensation (Deeyat) ursh or Daman In cases in which (Right of a man) is treated to be predominated, the provisions of section 401,402,402-A and 402-B C.R.P.C. have not apply these sections have repugnant to the Holy Quran and Sunnah of the Holy Prophet (Peace be upon Him) to this extant this decision have take effect from 1st April, 1981, dated 23-9-1980

PLD 1980 FSC Page-1.

The Appeal has Filed in the Supreme Court

PLD 1989 SC Page-633.

3.

Sh.P.No.02/L/1979

Hafiz Muhammad Amin Vs.

Islamic Republic of Pakistan & other

L/W

Sh.P.No.05-L/1979

L/W

Sh.P.No.06- L/1979

L/W

Sh.P.No.07-L/1979

L/W

Sh.P.No.08 -L/1979

L/W

Sh.P.No.09-L/1979

L/W

Sh.P.No.10-L/1979

L/W

Sh.P.No.12-L/1979

L/W

Sh.P.No.14-L/1979

L/W

Sh.P.No.15-L/1979

L/W

Sh.P.No.16-L/1979

L/W

Sh.P.No.21-L/1979

L/W

Sh.P.No.23-L/1979

L/W

Sh.P.No.24-L/1979

L/W

Sh.P.No.25-L/1979

L/W

Sh.P.No.27-L/1979

L/W

Sh.P.No.30-L/1979

L/W

Sh.P.No.31-L/1979

L/W

Sh.P.No.33-L/1979

L/W

Sh.P.No.36-L/1979

L/W

Sh.P.No.38-L/1979

L/W

Sh.P.No.43-L/1979

L/W

Sh.P.No.39-L/1979

L/W

Sh.P.No.40-L/1979

L/W

Sh.P.No.44-L/1979

L/W

Sh.P.No.54-L/1979

L/W

S.P.No.55-L/1979

L/W

Sh.P.No.56-L/1979

L/W

S.P.No.57-L/1979

L/W

Sh.P.No.58-L/1979

L/W

Sh.P.No.46-L/1979

L/W

Sh.P.No.47-L/1979

L/W

Sh.P.No.48-L/1979

L/W

Sh.P.No.49-L/1979

L/W

Sh.P.No.51-L/1979

L/W

Sh.P.No.61-L/1979

L/W

Sh.P.No.63-L/1979

L/W

Sh.P.No.64-L/1979

L/W

Sh.P.No.65-L/1979

L/W

Sh.P.No.72-L/1979

L/W

Sh.P.No.45-L/1979

L/W

Sh.P.No.73-L/1979

L/W

Sh.P.No.74-L/1979

L/W

Sh.P.No.75-L/1979

L/W

Sh.P.No.27-P/1979

L/W

Sh.P.No.01-P/1979

L/W

Sh.P.No.05-P/1980

L/W

Sh.P.No.36-K/1979

L/W

S.P.No.13-L/1980

L/W

S.P.No.14-L/1980

L/W

S.P.No.17-L/1980

L/W

S.P.No.18-L/1980

L/W

S.P.No.19-L/1980

L/W

S.P.No.20-L/1980

L/W

S.P.No.22-L/1980

L/W

S.P.No.04-R/1980

L/W

S.P.No.05-R/1980

L/W

S.P.No.03-L/1980

L/W

S.P.No.04-L/1980

L/W

S.P.No.28-L/1979

L/W

S.P.No.35-L/1979

L/W

S.P.No.76-L/1979

L/W

S.P.No.23-L/1980

L/W

S.P.No.05-L/1980

L/W

S.P.No.07-L/1980

L/W

S.P.No.08-L/1980

L/W

S.P.No.03-R/1980

Para 25(3) (d) of Martial Law Regulation 115, Land Reforms Act, 1972, Punjab Acquisition of Land (Housing) Act, 1973, Development of Cities Act, 1976, Capital Development Authority Ord.-XXIII, 1960, section 5, 7, 8, 14, 19, 20, 30, 31, of Punjab Pre-emption Act, 1913, read with Article 10 & 120 of Limitation Act, 1908 challenged pre-emption Cases being repugnant of injunction to the injunctions of Islam.

In view of the opinion of majority, the provisions of Martial Law Regulation1972, (MLR-115) and Land Reform Act, 1977, all these petitions have been dismissed vide Courts order dated 13.12.1980.

PLD-1981 FSC Page-23.

Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360.

Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-8-1989 PLD 1990 SC Page-99.

and The Rev.Petition has been dismissed being barred by time dated 14-12-1991

4.

S.P.No.03/L/1979

Malik Haji Muhammad Aslam etc Vs.

Govt. of Punjab

i. Acquisition of land (Housing Act 1973)

ii. Section 2(f) Punjab Development of Cities Act of 1976 challenged being repugnant to injunctions of Islam.

The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23.




5.

S.P.No.04/Q/1979

Ghulam Kibriya

Vs.

The Federation of Pakistan

Request for omission of section offence of zina EHO, Ord.1979.

Dismissed on 14.4.1981.

Appeal not filed

6.

S.P.No.04/L/1979

Malik Ghulam Jilani

Vs.

The Federation of Pakistan and others

Section 302 PPC, section 345 (7) Cr.P.c r/w column 6 of the second schedule of the Cr.P.c against the entry of section 302 PPC being contrary to the injunctions of Islam.

Disposed of as withdrawn.

Order dated 28-4-1979.

Appeal not filed

7.

S.P.No.05/L/1979

Subedar Lal Khan Vs.

Central Government of Pakistan

Section 25 of MLR-115 challenged being repugnant to injunctions of Islam

The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23 order dated 13.12.1980




8.

S.P.No.06/L/1979

Sh. Ghulam Farooq Vs.

Federation of Pakistan

Section 25(3)(d) of Martial Law Regulation 115 (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972) challenged being repugnant to injunctions of Islam





9.

S.P.No.07/L/1979

Muhammad Ali

Vs.

Govt. of Pakistan

Sections 5,7,8,9,14,15 and 16 of Punjab Pre emption Act, 1913 and Para 25(3)(d) MLR-115 challenged being repugnant to injunctions of Islam





10.

S.P.No.08/L/1979

Muhammad Hussain

Vs.

Islamic Republic of Pakistan

Section 15 of the Punjab Pre emption Act, 1913 and Para 25(3)(d) LRR Act, 1972 challenged being repugnant to injunctions of Islam





11.

S.P.No.09/L/1979

Muhammad Bashir Vs.


Section 15 of the Punjab Pre emption Act, 1913 and Land Reform Regulation Act, 1972 challenged being repugnant to injunctions of Islam





12.

S.P.No.10/L/1979

Khizir Hayat

Vs.

The Federation of Pakistan, the Province of Punjab

Section 25 of MLR-115 and sections 16 and 17 of Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam





13.

S.P.No.11/L/1979

Muhammad

Vs.

Fed: of Pakistan

Section 302 PPC; section 345(7) Cr.P.c. in the light of Injunction of Islam.

Dismissed in default.

Order dated; 16-9-1979

Appeal not filed

14.

S.P.No.12/L/1979

Haji Rahim Bakhsh Vs.

Govt. of Pakistan

1.MLR-115 and Para 25 sub Para 3(d) and sub Para 5,6,7,8 and 9 of Land Reforms Regulation, 1972

ii. Section 15 and 16 of Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam

The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23 order dated 13.12.1980,




15.

S.P.No.12/K/1979


Vs.


Linked with

S.P.No.1/K/1979


Vs.


Linked with

S.P.No.2/K/1979 L/W

S.P.No.4/K/1980 L/W

S.P.No.7/K/1980 L/W

Ghazi and others Vs. The Federation of Pakistan

Linked with

S.P.No.20/K/1979

Imadullah Unar

Vs.

Federation of Pakistan and others

Linked with

S.P.No.13/L/1979

Linked with

S.P.No.69/L/1979

The death sentence U/S 302 PPC R/W Sec.109 and 111of PPC is un Islamic unless it is based on Al-Haq.


No exemption of death sentence has been provided for (a) an offender who is insane at the time of execution and (b) a Parent killing his/her son (3) Sections 304 and 304-A have repugnant because they do not also provide for composition and payment deeyat (4) Sections 324,325,326,329,331 and 333 have repugnant because they do not also provide for Qisas or payment of compensation (Deeyat, ursh or Daman). (5) Further more sections 326 and 329 have repugnant because they do not provide for payment of Deeyat (6) Sections 335, and 338 are repugnant because they do not also provide for payment of Deeyat. (7) other provisions relating in hurt in chapter XVI of PPC have repugnant as they do not provide for absolute compundability and payment of compensation (Deeyat) ursh or Daman In cases in which (Right of a man) is treated to be predominated, the provisions of section 401,402,402-A and 402-B C.R.P.C. have not apply these sections have repugnant to the Holy Quran and Sunnah of the Holy Prophet (Peace be upon Him) to this extant this decision have take effect from 1st April, 1981, dated 23-9-1980


Appeal Filed


16.

S.P.No.13/K/1979

Abdul Karim Ismail Vs.

Pir Muhammad etc

Challenged Mamon Community Rules about marriage, Rules about divorce, Vicarious liability of member, Fine and punishment.

Dismissed on 18.4.1981 due to lake of jurisdiction

Appeal has not filed.

17.

S.P.No.13/L/1979

Muhammad Riaz Vs.

Federal Govt. another

L/W

S.P.No.69/L/1979

L/W

S.P.No.09/L/1980

L/W

S.P.No.01/K/1979

L/W

S.P.No.O2/K/1979

L/W

S.P.No.12/K/1979

L/W

S.P.No.07/K/1980

L/W

S.P.No.04/K/1980

L/W

S.P.No.20/L/1979

Qisas and Diyat Ord.

1.First six petitions is the repugnancy of section 302 PPC and section 345 and 381 Cr.P.c with the Holy Quran and Sunnah

2. S.P.No.12-K/1979

Section 109 and section 111 PPC being repugnant to the Sharia

3. S.P.No.13-K/1979

Sections 401, 402 (b), 544 (a) Cr.P.c and section 134 Evidence Act.

4. S.P.No.01-K/1979, S.P.No.20-K/1979 the provision of section 337, 338 and 339 Cr.P.c along with provisions of section 114 (b) and 133 Evidence Act

5. S.P.No.04-K/1980

Section 325, 326, 329,331,333,335,338 PPC

i. Criminal Procedure Code

Sub section 7 of section 354, section 381, section 430, section 401, to 402 (b), section 544 (a)

ii. Pakistan Penal Code 1860

section 302 and 307

iii. Law of Evidence

section 134 challenged being repugnant to injunctions of Islam


No exemption of death sentence has been provided for (a) an offender who is insane at the time of execution and (b) a Parent killing his/her son (3) Sections 304 and 304-A have repugnant because they do not also provide for composition and payment deeyat (4) Sections 324,325,326,329,331 and 333 have repugnant because they do not also provide for Qisas or payment of compensation (Deeyat, ursh or Daman). (5) Further more sections 326 and 329 have repugnant because they do not provide for payment of Deeyat (6) Sections 335, and 338 are repugnant because they do not also provide for payment of Deeyat. (7) other provisions relating in hurt in chapter XVI of PPC have repugnant as they do not provide for absolute compundability and payment of compensation (Deeyat) ursh or Daman In cases in which (Right of a man) is treated to be predominated, the provisions of section 401,402,402-A and 402-B C.R.P.C. have not apply these sections have repugnant to the Holy Quran and Sunnah of the Holy Prophet (Peace be upon Him) to this extant this decision have take effect from 1st April, 1981.

dated 23-9-1980


The Supreme Court has decided that the following sections of the PPC and CR.P.C. have against the Injunctions of Islam:-

(1) Section 299 to 338 of the PPC 1860.

(2) Section 109 of the PPC 1860.

(3) Section 54 of PPC and Section 401,402,402-A and 402-B of the code of Criminal Procedure.

(4) Section 345 of the C.R.PC. Procedure 1898.

(5) Section 381 of the CR.PC.

(6) Declaration in respect of section 133 of the Evidence Act, is called for as it already stands repeated by the Qanoon-e-Shahadat Order 1984.

(7) Sections 377 to 339-A of the CR.PC. Accordingly it has held that this decision have effect from 23-3-1990 (dated 5-7-1989) in Shariat Review Petition 1-R/1990 the Supreme Court of Pakistan has directed the Government whereby the Provisions declared and held there in as repugnant to the injunctions of Islam which was take effect on 23rd March 1990 would now on the disposed of this review petition should take effect on 12th day of Rabi-ul-Awwal 1411 A.H. dated 29-8-1990.


18.

S.P.No.14/L/1979

M.Bakhsh

Vs.


Land Reforms regulation 1972 paragraph 25 sub pre (3) clause (d) and section 30 of pre emption act.1913 (Article 10 of limitation Act, 1908 petitioner praying that the above section of laws are repugnant to injunctions of Islam).





19.

S.P.No.15/L/1979

M. Akram

Vs.

Government of Pakistan and others

Land Reforms regulation 1972 Punjab pre-emption Act, 1913 challenged being repugnant to injunctions of Islam.





20.

S.P.No.16/L/1979

Haji Sadiq Beig and another

Vs.

Province of Punjab etc

U/s 15 of Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam.





21.

S.P.No.16/K/1979

G.M. Salim and another

Vs.


Representation of People Act, 1979 (Act No. LXXXV of 1976) is repugnant to the Injunctions of Islam.

Dismissed on 13.12.1980


22.

S.P.No.17/L/1979

Shah Muhammad Vs.

The Federation of Pakistan & the Government of Punjab

L/W

S.P.No.10/L/1980

L/W

S.P.No.19/L/1979

L/W

S.P.No.11/L/1980

L/W

S.P.No.12/L/1980

Petitioner prayed that Section 4 of Muslim Family Laws Ord. VIII of 1961 and the effect of order pass Para 46 of west Pakistan rehabilitation settlement Scheme may kindly be declared being repugnant to injunctions of Islam.

Dismissed on 17.02.1981. However, this matter was not within the jurisdiction of this Court as mentioned in Courts order dated 17.2.1981, passed in S.P.No.10-L/1980.

Appeal not filed

23.

S.P.No.18/L/1979

Mst. Zuhra Bibi

Vs.

Government of Punjab

345 Cr.P.c which in terms does not include section 302 PPC as amongst the compoundable offence and subsection (7) challenged being repugnant to injunctions of Islam.

Vide Court order dated 28.4.1979. The matter has been disposed of as withdrawn.

Appeal not filed

24.

S.P.No.18/K/1979

Syed Masood Ahmad

Vs.

President of Pakistan

L/W

S.P.No.1/L/1979

Challenged Presidential Order NO.3 of 1979 dated 10.2.1979.


(Original Judgment in S.P.No.1-L-1979)


25.

S.P.No.19/L/1979

Ch: Abdul Salam

Vs.

The Federal Govt of Pakistan & Province of Punjab

Petitioner praying that Section 4 of Muslim Family Laws 1961 be declare repugnant to injunctions of Islam.


Appeal not filed

26.

S.P.No.19/K/1979

Syed Masood Ahmad

Vs.

President of Pakistan

Challenged Presidential Order NO.3 of 1979 dated 10.2.1979.



27.

S.P.No.20/L/1979

Muhammad Sharif

Vs.

The Federal Government of Pakistan

Petitioner prayed that the provision of Section 302 PPC providing Sentence of death awarded to the petitioners is contrary to the repugnant to injunctions of Islam.

Vide order dated 28.4.1979. The case was disposed of as withdrawn.

Appeal not filed

28.

S.P.No.21/L/1979

Asghar Ali Moona

Vs.

Government of Pakistan and another

Petitioner praying that the Land Reform Regulation, 1972 Para 25, Sub Para 3(D) and Sub Para (5), (6), (7), (8) & (9) provision that a tenant at will has the prior west right of pre emption being repugnant to injunction of Islam.

Vide order dated 28.4.1979. The case was disposed of as withdrawn.

Appeal not filed

29.

S.P.No.22/L/1979

Muhammad Shariaf

Vs.

The State

Petitioner prayed that for declaration a marriage solemnized without the permission and consent of Wahi, against the Sunnah of the Holy prophet (PBUH), and the provisions of Section 251 of Muhammadan Law, be omitted from the said Act, being repugnant to injunctions of Islam.

Dismissed in default vide Courts order dated 16.9.1979.

Appeal not filed

30.

S.P.No.23/L/1979

Ali Muhammad etc

Vs.

The State

MLR-115, Para 25 3(d) and section 6 of the Act (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972) prayed that the above section may kindly be declared to be in contravention of Islamic Injunctions and Ultra-vires of Islamic Tenets being repugnant to injunctions of Islam.





31.

S.P. No.24/L/1979

Jahan Khan and others

Vs.

Nazir and others

MLR-115, Para 25 3(d) (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972) prayed that it may kindly be declared that the tenants have no right of pre emption being repugnant to injunctions of Islam.





32.

S.P.No.24/K/1979

Essa E.H. Jaffar

Vs.

Secretary of Pakistan and another

Challenged the vires of Section 34 of Code of Civil Procedure and section 10 of the Pakistan Refugee Rehabilitation Finance Corporation Ordinance, 1960.

Dismissed on 13.6.1982, on the ground that the Pakistan Refugee Rehabilitation Finance Corporation Ordinance 1960 sets up a Corporation of the same by finances provided by the Government for lending money to small businessman in order to improve their financial position. This is an Ordinance which deals with Government finances. Even if the expression fiscal law was used in the narrow meaning as urged by the counsel for the petitioner, the Ordinance would fall within its ambit also.


33.

S.P. No.25/L/1979

Qazlibash

Vs.

Chief Land Commissioner Punjab Lahore

MLR 115 Waqf Property challenged being repugnant to injunctions of Islam.





34.

S.P. No.26/L/1979

Nisar Ahmed

Vs.

Islamic Republic & another

Punjab Pre emption Act, 1913 (Act 1 of 1913) and paragraph 25(d) of Law Reform Regulation 1972, Law of Limitation Act, 1908, petitioner prayed that the case may kindly be examined and it be declared that the said prices of legislation are against the repugnant to injunctions of Islam.

This appeal has been dismissed in default vide order dated 16.9.1979. However, the judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23.




35.

S.P.No.27/L/1979

Muhammad Ibrahim

Vs.

Barkhurdar etc.

Section 3, 4, 14, 15, 19 & 20 of Punjab Pre emption Act, 1913, challenged being repugnant to injunctions of Islam.





36.

S.P No.27/P/1979

Pir Qutub Shah

Vs.

The State

Provisions of NWFP Pre emption Act, 1950 challenged being repugnant to injunctions of Islam.

Final order is not available in the file, however, the judgment on the same subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23




37.

S.P.No.28/L/1979

Malik Haji Muhammad Aslam etc Vs.


MLR 115, Punjab Acquisition of Land (Housing) Act, 1975, Punjab Development of Cities Act, 1976.





38.

S.P No.28/P/1979

Raqeem Khan

Vs.

Govt. of Pakistan

Section 2(IIA) of the Dissolution of Muslim Marriage Act, 1939 granting a wife the right to obtain divorce challenged being repugnant to injunctions of Islam.

Dismissed on 7.3.1981 being incompetent in view of the judgment of Supreme Court of Pakistan in Shariat Appeal No.2-P/1980

Appeal not filed

39.

S.P.No.28/K/1979

Habibur Rehman Kandhalvi

Vs.

Government of Pakistan

Linked with

S.P.No.66/L/1979

Raja Mohammad Afsar

Vs.

Federal Govt. of Pakistan

Challenged validity of the Political Parties Act, 1962.

Challenged Political Parties (Amendment) Ordinance, 1979 (42 of 1979).

Dismissed on 13.12.1980 for want of jurisdiction



40.

S.P.No.29/L/1979

Sher Zaman etc

Vs.


Section 4 of the Muslim Family Laws Ordinance 1961 petitioner prayed that the above section of Muslim Family laws are declare as being repugnant to injunctions of Islam.


Appeal not filed

41.

S.P.No.30/L/1979

Dilawar Khan etc

Vs.

Federation of Pakistan etc.

MLR 115 (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972) prayed that Section 15(b) of Punjab Pre emption Act, being repugnant to injunctions of Islam.





42.

S.P.No. 31/L/1979

Mr. Arshad and another

Vs.


Section 15 of Punjab Pre emption Act, 1913 petitioner prayed that legal provision impugned herein may graciously be declared to be against repugnant to injunctions of Islam.





43.

Sh.P.No.32/L/1979

Abdul Hameed Dogar etc.

Vs.


House Building Finance Corporation Act petitioner prayed that the Honble Court may be pleased to grant a declaration that realization of interest by the HBFC against simple loans granted for construction is opposed to principle of Islam and the relevant provision in the statute, namely HBFC corporation Act ant the rules framed there under may please be declared void and struck down.

Dismissed as withdrawn vide Courts order dated 15.9.1979.

Appeal not filed

44.

Sh.P No.32/P/1979

Aurangzeb

Vs.


Section 6 of Muslim Family Law Ord. 1961 regarding second marriage challenged being repugnant to injunctions of Islam.

Dismissed on 17.2.1981 having no jurisdiction.

Appeal not filed

45.

Sh.P.No.33/L/1979

Atta Mohiuddin

Vs.

Province of Punjab and another

Sections 5, 7,9,12 to 15, 17, to 24, 28, 28-A and 30 of the Punjab Pre-emption Act 1913 and adopted by province of Punjab, are repugnant to Holy Quran and Sunnah and they have therefore no legal effect.





46.

Sh.P.No.33/K/1979

Habibur Rehman Siddiqui Kandhelvee and another

Vs.

Government of Pakistan etc

Challenged the word Jumhuriat and the word Islamic Republic of Pakistan as repugnant to the Injunctions of Islam.



47.

Sh.P.No.34/L/1979

Muhammad Nawaz Abbasi

Vs.


Sections 5, 13 & 33 of MLR (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972) petitioner prayed that the Honble Court may please to examined the above Section MLR in the light the teaching of Islam based on the Holy Quran and Sunnah and declared to be invalid and repugnant so far as they deal with the Punishment of political worker and raising slogans motioned in the preceding paragraphs.

Dismissed for non-prosecution vide Courts order dated 16.02.1982

Appeal not filed

48.

Sh.P.No.35/L/1979

Syed Bakhtiar Abbas

Vs.

The Govt. of Punjab

Punjab Acquisition of Land (Housing) Act, 1973 r/w section 25 of the Punjab Development Cities Act, 1976 petitioner seeks declaration to the effect that the above mentioned provisions of the above Act are being repugnant to injunctions of Islam.





49.

Sh.P.No.36/L/1979

Khushi Muhammad

Vs.


MLR. 115 (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972) petitioner prayed that the legal prevision impugned herein may graciously be declared to be repugnant to injunctions of Islam.


Appeal not filed

50.

Sh.P.No.36/K/1979

Syed Qammurul Hasnain and others Vs.

Fed. Govt. of Pakistan

.

Challenged the provision of MLR 115 (Land Reforms Regulation).

See Judgment in S.P.No.2-L-1979 as this court has already held in Hafiz Muhammad Amin vs. The Islamic Republic of Pakistan (PLD 1981 FSC 23) that this matter is not within the jurisdiction of this court.




51.

Sh.P.No.37/L/1979

Amir Sultan Shah etc. Vs.

Government of Pakistan etc.

Section 302, 307, 452, 148, 149 PPC and section 345 Cr.P.c challenged being repugnant to injunctions of Islam.

Dismissed in default vide Courts order dated 16.9.1979.

Appeal not filed

52.

Sh.P.No.38/L/1979

Kalu

Vs.


Para 25(3) (d) of MLR-115, section 30 of Punjab Pre emption Act, 1913 and Article 10 of Limitation Act, 1908 petitioner prayed that the above section of Law being repugnant to injunctions of Islam.


Appeal not filed

53.

Sh.P.No.38/K/1979

Hakim Syed Muhammad Warsi

Vs.


Challenged the varies Martial Law Regulations 84, 89 and 91issued during the Martial Law regime of Field Martial Ayub Khan in regard to the scrutiny of claims of displaced persons migrating from areas other than prescribed areas in India.



54.

Sh.P.No.39/L/1979

Muhammad Zakaullah Khan

Vs.


Section, 5,7,8,9,14,15 and 16 of the Punjab Pre-emption Act,1913 and Paragraphs 25(3)(d)of the Martial Law Regulation 15 of 1972 petitioner prayed that the above sections may kindly declared to be Anti-Islamic and the Respondent No.2 may kindly be directed to make necessary amendment.


Appeal not filed

55.

Sh.P.No.39/K/1979

Meat Merchants Welfare Association (Regd) Karachi

Vs.

The Govt. of Sindh through the Secy. Ministry of Law and Parliamentary Affairs Karachi

For striking down and declaring the West Pakistan Animals Slaughter Control Act, 1963 to be null & void on account of the same Absolutely un-Islamic and against all Quranic Injunctions.

Dismissed on 10.8.1980 as there is no substance in the petition.PLD 1983 FSC Page 25


56.

Sh.P.No.40/L/1979

Syed Ghulam Mustafa Shah

Vs.


MLR-115, paragraph 25 (d) of Punjab Pre emption Act, 1913, Land Reform Regulation 1972, Article 10 and 120 of Limitation Act, 1908 the petitioner Prayed that the above Section may kindly declared being repugnant to injunctions of Islam.


Appeal not filed

57.

Sh.P.No.41/L/1979

B.Z. Kaikaus

Vs

Federal Government of Pakistan

Section 3 & 4 of Political Parties Act, 1962, section 10 & 11 of House of Parliament and Provincial Assemblies (Election) Order, 1977, sections 2, 12, 14, 78 & 99 of Representation of Peoples Act, 1976 challenged being repugnant to injunctions of Islam.

The petition has been dismissed vide Courts order dated 13.12.1980 with observation that the existing election laws do not need any amendment of the kind recommended in the leading judgment.PLD 1981 FSC Page 1

Appeal filed

PLD 1982 SC page 409

58.

Sh.P.No.42/L/1979

Ali Muhammad

Vs.


Section 302 PPC petitioner prayed that the provision of PPC pertaining to culpable homicide amounting to murder coupled with II schedule attached to Criminal Procedure Code, wherein Section 302 PPC has bee shown as non-compoundable may be examined and declared being repugnant to injunctions of Islam.

The petition was dismissed in default vide Courts order dated 16.9.1979

Appeal not filed

59.

Sh.P.No.43/L/1979

Muhammad Latif etc. Vs.


MLR-115, Sections 30 of Punjab Pre emption Act, 1913 and section 10 of the Limitation Act petitioner prayed that it may graciously be declared that above section of Laws being repugnant to injunctions of Islam.


Appeal not filed

60.

Sh.P.No.44/L/1979

Mst. Bushra Bibi

Vs.

Deputy Land Commissioner Rahimyar Khan & 2 others

MLR-115, Land Reform Act II of 1977 and rules framed there under challenged being repugnant to injunctions of Islam





61.

Sh.P.No.45/L/1979

Malik Ghulam Haidar

Vs.

Govt of Pakistan

Para 25 (3)(d) MLR 115 (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972) challenged being repugnant to injunctions of Islam


Appeal not filed

62.

Sh.P.No.46/L/1979

Muhammad Yousaf

Vs.


Para 25 (3)(d) MLR 115, Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam


Appeal not filed

63.

Sh.P.No.47/L/1979

Mushtaq Ahmad Khan

Vs.

Government of Punjab etc.

Para 25 (d)(d)MLR-115, section 15 of Punjab Pre emption Act, 1913, Article 268 of Constitution of Islamic Republic of Pakistan r/w Schedule VI, item No.13 thereof challenged being repugnant to injunctions of Islam


Appeal not filed

64.

Sh.P.No.48/L/1979

Muhammad Iqbal

Vs.


MLR-115, Punjab Pre emption Act, 1913 and Para 25 (d) of Land Reform Regulation, 1972 and Article 10 and 120 of Limitation Act 1908 challenged being repugnant to injunctions of Islam.


Appeal not filed

65.

Sh.P.No.49/L/1979

Ghulam Qadir

Vs.


MLR-115, Para 25 (3) (d) of Land Reform Regulation, 1972 challenged being repugnant to injunctions of Islam.


Appeal not filed

66.

Sh.P.No.50/L/1979

Abdul Majeed Qureshi

Vs.

Zulfiqar Ali Bhutto etc.

Whole schedule of legal and administrative system being repugnant to injunctions of Islam

This petition was dismissed in limine with observation that no particular law or provision of law has been assailed on the ground of repugnancy to Islam, wherefore, this petition is not covered by the provision of Article 302(b) of the Constitution vide Courts order dated 16.9.1979.

Appeal not filed

67.

Sh.P.No.51/L/1979

Pehalwan Khan

Vs.

Government of Punjab and 2 others

(MLR-115), section 15 of Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam.


Appeal not filed

68.

Sh.P.No.52/L/1979

Salahuddin

Vs.

Federal Government of Pakistan etc.

Section 2(a), 2(b) and 3(a) Section 5 section 6(2) and Section 17 of Ordinance VII offence of Zina of 1979 be declared being repugnant to injunctions of Islam.

This petition has been disposed of as withdrawn vide Courts order 16.9.1979

Appeal not filed

69.

Sh.P.No.53/L/1979

Muhammad Ishfaq

Vs.


Section 15 of the Punjab Pre-emption Act (Act 1 of 1913) and Para 25(d) of the Land Reform Regulation, 1972 challenged being repugnant to injunctions of Islam

This petition was dismissed in default vide Courts order dated 16.9.1979. However, the judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23

Appeal not filed

70.

Sh.P.No.54/L/1979

Syed Ali Akbar

Vs.

The State

(MLR 115), Sub clause vii of section 2 of Land Reform Act, 1977 challenged being repugnant to injunctions of Islam





71.

Sh.P.No.55/L/1979

Muhammad Uzair Shah

Vs.

Land Commissioner Rahimyar Khan etc.

MLR 115, Sub clause vii of section 2 of Land Reform Act, 1977 challenged being repugnant to injunctions of Islam





72.

Sh.P.No.56/L/1979

Tehseen Ahmed Shah

Vs.

Land Commissioner etc.

MLR 115, Sub clause vii of section 2 of Land Reform Act, 1977 challenged being repugnant to injunctions of Islam.





73.

Sh.P.No.57/L/1979

Muhammad Awais Shah

Vs

Dy Land Commissioner Rahimyar Khan etc

MLR 115, Sub clause vii of section 2 of Land Reform Act, 1977 challenged being repugnant to injunctions of Islam.





74.

Sh.P.No.58/L/1979

Amina Bibi

Vs

land Commissioner

MLR 115, Sub clause vii of section 2 of Land Reform Act, 1977 challenged being repugnant to injunctions of Islam





75.

Sh.P.No.59/L/1979

Hazoor Bukhsh

Vs.

Fed: of Pakistan etc.

L/W

Sh.P.No.62/L/1979

M.I. Choudhary etc

Vs.

Islamic Republic of Pakistan etc.

Section 2(a) 2(b) 2(d) 2(e) 5, 6, (2) 8 and 17 of the Ordinance, VII of 1979, punishment of Rajam challenged being repugnant to injunctions of Islam.

By a majority of four to one, both the petitions are allowed, and it is declared that the provisions of sentence of Rajam as Hadd in section 5 and 6 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 are repugnant to injunctions of Islam and that the only Hadd is one hundred stripes. Honble Court has also directed that necessary amendments be made in the sections noted above.

Judgment dated 21-3-1981.

PLD-1981 FSC Page-145.

Appeal filed in the Honble Supreme Court of Pakistan

And has been dismissed as withdrawn on 9.4.1983

76.

Sh.P.No.60/L/1979

Dr. Muhammad Azam

Vs.


The Prohibition (Enforcement of Hadd) Order, 1979 challenged being repugnant to injunctions of Islam.

Dismissed on 16/9/1979

Appeal not filed

77.

Sh.P.No.61/L/1979

Muhammad Younas

Vs.

Province of Punjab

(MLR 115), Para 25 (3)(d) of Land Reforms Regulation, 1972 challenged being repugnant to injunctions of Islam.


Appeal not filed

78.

Sh.P.No.62/L/1979

M.I. Choudhary

Vs.

Govt of Pakistan

Linked With

Sh.P.No.59/L/1979

Hazoor Bukhsh

Vs.

Fed: of Pakistan etc.

Section 2(a) 2(b) 2(d) 2(e) 5,6,(2) 8 and 17 of the Ord. VII of 1979, punishment of Rajam challenged being repugnant to injunctions of Islam

By a majority of four to one, both the petitions are allowed, and it is declared that the provisions of sentence of Rajam as Hadd in section 5 and 6 of the Offence of Zina (Enforcement of Hudood) Ord., 1979 are repugnant to injunctions of Islam and that the only Hadd is one hundred stripes. Honble Court has also directed that necessary amendments be made in the sections noted above 21.3.1981

PLD-1981 FSC Page-145

Appeal filed in the Honble Supreme Court of Pakistan. And has been dismissed as withdrawn on 9.4.1983

79.

Sh.P.No.63/L/1979

Bashir Ahmed

Vs.

Fed: of Pakistan

(MLR 115), Para 25 (3)(d) of Land Reforms Regulation, 1972 and section 30 of Punjab Pre emption Act1913, Article 10 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam.


Appeal not filed

80.

Sh.P.No.64/L/1979

Elahi Bakhsh

Vs.

Province of Punjab

Sub-sections (a) & (b) of section 15 of Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam.


Appeal not filed

81.

Sh.P.No.65/L/1979

Muhammad Ashraf

Vs.

Islamic Republic of Pakistan etc.

Section 15 of the Punjab Pre emption Act, 1913 & Para 25(d) of the Land Reforms Regulation 1972 & Article 10 & 120 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam.


Appeal not filed

82.

Sh.P.No.66/L/1979

Raja Muhammad Afsar Vs. Federation of Pakistan

Linked With

Sh.P.No.28/K/1979

Habib-ur-Rehman Khandhalvi

Vs.

Govt. of Pakistan

Political Parties Act, 1962, Political Parties (Amendment) Ord., 1979 challenged being repugnant to injunctions of Islam.

The detailed judgment was passed in S.P.No.41-L/1979. The Honble Court dismissed both these Shariat Petitions with observation that this Court has no jurisdiction to interfere with the Political Parties Act. Dated 13-12-1980

Appeal not filed

83.

Sh.P.No.67/L/1979

Mst. Zainab Bibi

Vs.

Chairman Miani Sahib Graveyard etc.

MLO No.131 of 1962 (personal grievance) challenged being repugnant to injunctions of Islam.

Dismissed for non-prosecution vide order dated 16.2.1980

Appeal not filed

84.

Sh.P.No.68/L/1979

Muhammad Hayat

Vs.

Chairman Miani Sahib Graveyard Committee etc.

MLO No.131 of 1962 (personal grievance) challenged being repugnant to injunctions of Islam.


Appeal not filed

85.

Sh.P.No.69/L/1979

Javed and other

Vs.

The Federal Government and

Linked with

Sh.P.No.9/L/1980

Linked with

Sh.P.No.13/L/1979

Qisas and Deeyat.

Allowed on 23.9.1980, the provisions of sections 401, 402, 402-A and 402-B Cr.P.c shall not apply. These sections are repugnant to the Holy Quran and Sunnah of the Holy Prophet to this extent.PLD 1980 FSC Page 1

Filed in the S.C

PLD 1989 SC page 633

86.

Sh.P.No.70/L/1979

Muhammad Ishaque

Vs.


Section 6 of Presidential Order XII of 1979 (regarding drinking of liquor) challenged being repugnant to injunctions of Islam.


Appeal not filed

87.

Sh.P.No.71/L/1979

Mian Zahoor Ahmed

Vs.

Central Government of Pakistan

Section 6 of Order XXII of 1979 as being repugnant to the injunctions of Islam.

This appeal was dismissed as incompetent. Dated 18-3-1980

Appeal not filed

88.

Sh.P.No.72/L/1979

Salim Akhtar Khan

Vs.

Province of Punjab another

Section 15 of the Pre emption Act, 1913 challenged being repugnant to injunctions of Islam.


Appeal not filed

89.

Sh.P.No.73/L/1979

Nazeer Ahmed

Vs.


Section 25(3)(d) of MLR (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972)115 r/w section 6 Act 48 of 1976 challenged being repugnant to injunctions of Islam

The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980.

Appeal not filed

90.

S.P.No.74/L/1979

Fazal Muhammad

Vs.


Section 15,16 of the Punjab Pre emption Act, 1913, paragraph 25(d) of Land Reforms Regulation, 1972, Article 10 and 120 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam.


Appeal not filed

91.

Sh.P.No.75/L/1979

Umar Din

Vs.


MLR 115, Para 25, sub Para (3) clause (d) of Land Reforms Regulation, 1973 challenged being repugnant to injunctions of Islam.


Appeal not filed

92.

Sh.P.No.76/L/1979

Baboo Ali Haider etc. Vs.


Provisions of the C.D.A. Ord. XXIII of 1960 regarding acquisition of private land challenged being repugnant to injunctions of Islam.


Appeal not filed

1980

S. No.

Shariat Petition No. & Party Names

Law Challenged

FSC Decision

Appeal filed in the Hon.Supreme Court of Pakistan or not with Status

93.

Sh.P.No.1/L/1980

Mr.Noshir Rustam Sidhwa

Vs.


Sh.Rew.P.No.18/I/1981

The Present petition has been filed by a follower of the Zoroastrian religion to challenge the provisions placing an embargo on possession and consumption of liquor (Section 3-4) and the provisions about issuance of licenses for import, manufacture etc. to a person in respect of any Institution whether under the management of the Government or not (Sections 6, 11-B, 12 and 14).

The Federal Shariat Court, renders its Judgment to be self contradictory, while rejection the petition the learned Judges have held that the Muslim and non-Muslim citizens are equal for the purposes of the said order whereas in the impugned observation they have made a discrimination between the Muslim and non-Muslim citizens for the purposes of section 17 of the said Order.

Dated: 27-4-1981

It was held that the extension of prohibition, in the Prohibition (Enforcement of Hadd) Order, 1979 to a non-Muslim was not repugnant to the Holy Quran and Sunnah of the Holy Prophet. The petition was dismissed to this extent. It was, however accepted in regard to the contention against the legality of Section 17 of the order, and it was declared that the provision in that Section allowing an Institution whether under the management of the Government or not, if manned by Muslims is repugnant to the Holy Quran and the Sunnah in view of the ban imposed by the Sunnah of the Holy Prophet on possession or sale of liquor by Muslims. It was directed that necessary amendment in section 17 be made by the 30th of June, 1981 to allow only such Institutions as are entirely manned by non-Muslims and profit of which are shared by them, to manufacture, import, transport, sale or possess liquor for the purposes enumerated in clause (a) of Section 17 or for its export, as provided in clause (b) thereof.PLD 1981, FSC Page 245

The Court gone through the review petition but It find this question was not raised on behalf of the Government. The only question which was raised was that of discrimination which we have already dealt with. The petition is therefore dismissed on 22-06-1982

Sh. A.No. 17/1981. The Honble Supreme Court has partly allowed on 11-1-1988.

94.

Sh.P.No.1/I/1980

Muhammad Duryab Yousaf Qureshi

Vs.

Chairman Wapda

The only question involved is whether the amendment in section 17 of the Wapda Act by which the authority was invested with a power to retire or remove of its employ without assigning any reason after giving not less than thirty days notice or payment of salary for the period of such notice, other terms and condition of service notwithstanding, is repugnant to the Holy Quran and Sunnah of the Holy Prophet (PBUH)

Dismissed in limine on 8.8.1981, on the ground that the law involved in this petition in any way against the spirit of Islam. Sharia has given much flexibility to the relationship of employer and employ which is contractual relationship.PLD 1983 FSC Page 17


95.

Sh.P No.01/P/1980

Sher Ali Khan

Vs.

Govt. of Pakistan etc.

MLR-115 of 1972 regarding grant of land free of charge to tenants and Law Reform Act, 1977 challenged being repugnant to injunctions of Islam

The judgment on the same subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23

Appeal not filed

96.

Sh.P.No.1/K/1980

Dr. Amanat Ali and others

Vs.


Linked with

Sh.P.No.2/K/1980

Abdul Hussain S.Motiwala

Vs.

Sayedna Dr. Surhanuddin and other

Prayed that the Court to declare that the taking of presently operative Misaq from members of Dawoodi Bohra Community is against the Quran and the Sunnah of the Prophet and the teachings of Islam

Prayed that the court may be decided and examined whether or not the police usage of taking to and retaining in the than a man, woman or child under section 54 and 61 of Cr.P.C is repugnant to the injunctions of Islam


Dismissed on 16.12.1980 for want of jurisdiction.


97.

Sh.P.No.1/K/1980

(A)

Ghufran Zaidi

Vs.

The President of Pakistan

Concerns a Contract between private parties.

Dismissed for want of jurisdiction on 16.12.1980


98.

Sh.P.No.2/I/1980

Qari Nishan Ali Abbasi

Vs.

The State

The petitioner has challenged the Order passed by MLA ZoneB on the allegation he had not right to commute the death sentence into life imprisonment and the decision was repugnant to injunction of Islam and that the State has no power to commute sentence , this power being vested only in the heirs of the deceased, whether they pardon the murderer or taken Diyat (blood money)

This petition is not entertain able being a personal matter and shall be returned to the petitioner on 13.1.1981.


99.

Sh.P.No.2/L/1980

M. Iqbal and another

Vs.


Challenged section 4 of the Muslim Family Laws Ordinance, 1961. Share of grandson and granddaughter.

Dismissed for non-prosecution on 16-2-1980.


100.

Sh.P.No.2/K/1980

Abdul Hussain S.Motiwala

Vs.

Sayedna Dr. Surhanuddin and other

Prayed that the court may be decided and examined whether or not the police usage of taking to and retaining in the thana a man, woman or child under section 54 and 61 of Cr.P.C is repugnant to the injunctions of Islam

Dismissed on 16.12.1980 for want of jurisdiction.


101.

Sh.P.No.03/L/1980

Bashir Ahmed etc.

Vs.

Central Government of Pakistan etc.

Section 25 of MLR 115 (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972)challenged being repugnant to injunctions of Islam


Appeal not filed

102.

Sh.P.No.3/I/1980

Fazal Rahman Foundation

Vs.

The Federation of Islamic Republic of Pakistan and others

For a declaration that the Punjab Acquisition Act of 1973 and the Punjab Development of Cities Act,1976 as well as the provision of article 24 of the Constitutional of 1973 is offend against the fundamental principles of law of the Sharia and are repugnant to the injunctions of Quran and Sunnah

Dismissed on 13.12.1980 , in view of the judgment in S.P.No.2-L-1979 (Hafiz Muhammad Ameen Vs. Islamic Republic of Pakistan and others)




103.

Sh.P.No.3/K/1980

Mukhtar Ahmad Choudhary

Vs.


Challenged the validity of certain provisions of MLR-115 of 1972.



104.

Sh.P.No.04/L/1980

Gulab Din

Vs.


Para 25(3)(d) of MLR 115, Punjab Pre emption Act, 1913, Article 10 & 120 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam


Appeal not filed

105.

Sh.P.No.4/I/1980

Azmat Ali and 2 others

Vs.


For a declaration that the provisions of Land Reform Regulation 115 of 1972 contained in Para 13 by which the land in excess of the area permissible for retention under Para 3 of the regulation is vested absolutely in Govt: free from any encumbrance or charge and without payment of any compensation is illegal and repugnant to the injunctions of Islam and, therefore, void.





106.

Sh.P.No.4/K/1980

Jalil Ahmad Khan

Vs.


Validity of the Law of Limitation

Dismissed on 19.4.1981 on the ground that the court had already held that the Law of Limitation is Procedural law and as such this Court has no jurisdiction.



107.

Sh.P.No.5/I/1980

Sardar Sultan Mehmood Khan

Vs.

Govt: of Pakistan

For a declaration and decision that the provisions of Land Reform Regulation 115 of 1972 contained in para 13 by which the land in excess of the area permissible for retention under para 3 of the regulation is vested absolutely in Govt: free from any encumbrance or charge and without payment of any compensation, is illegal and repugnant to the injunctions of Islam, and therefore, void.





108.

Sh.P.No.05/L/1980

Rasheed Ahmed

Vs.

The Government of Punjab

Section 14 & 15 of Punjab Pre emption Act, 1913, MLR 115, section 10 & 120 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam.





109.

Sh.P.No.5/K/1980

Abdul Rehman

Vs.

Govt. of Pakistan

Challenged section 19 of the C.P.C as un-Islamic.

Disposed of on 20.12.1980 as this Court has no jurisdiction to deal with the procedure of Court.


110.

Sh.P No.05/P/1980

Syed Khushhal Khan etc.

Vs.

Fed: Govt. of Pakistan

Para 22, 24, 25 of Land Reform Regulation (MLR-115) of 1972 challenged being repugnant to injunctions of Islam

The judgment on the same subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23

Appeal not filed

111.

Sh.P.No.6/I/1980

Mirza Muhammad Amin and others

Vs.


Challenged Military Law, Rules Law, Instructions, Regulations, etc as repugnant to the injunctions of Islam.

Dismissed on 13.3.1982 on the ground that being payable on account of after death it is not property of the deceased but is a gift or bounty of the State to his widow and it is also not heritable. This was conceded by the learned counsel for the petitioner too.PLD 1982 FSC Page 143

Filed in the Supreme Court request for with drawl the same having become in infrecutious dt.6.2.1991.

112.

Sh.P.No.06/L/1980

Abu-Dawood Muhammad Sadiq

Vs.


National Registration Act, 1973 petitioner prayed that the provisions of the National Registration Act 1973 and rules made there under whereby the citizen of Pakistan have been required to affix their Photographs on the application forms for issuance of identity cards are opposed to Islam and Hence Void and of no legal effect..

Dismissed vide Courts order dated 03.12.1980 with observation that Honble Court did not find the law repugnant to the injunctions of Islam.PLD 1982 Page 36, FSC

Appeal filed in the Honble Supreme Court of Pakistan and dismissed on dated 16-5-1984. PLD 1986 SC Page 564

113.

Sh.P.No.6/K/1980

Anwar beg Mirza

Vs.

Federation of Pakistan and others

Personal grievance.



114.

Sh.P.No.7/R/1980

Masood Ahmad Zubari Vs.

Govt: of Pakistan

Against non-payment of arrears

Returned on 11.11.1980as the petitioner has not challenged any provisions of law


115.

Sh.P.No.07/L/1980

Sh. Nasarullah Mushtaq etc.

Vs.

Govt. of Pakistan

Para 25(3)(d) of MLR-115, Punjab Pre emption Act, 1913, Article 10 & 120 of Limitation Act, 1908 petitioner prayed that the above Sections of law may kindly be examined and it be declared that the said pieces of legislation are against the injunctions of Islam.



116.

Sh.P.No.7/K/1980

Muhammad Hamza Hashmi

Vs.


Law of procedure




117.

Sh.P.No.8/R/1980

Muhammad Afsar

Vs.

Abdul Hamid and others

Challenged the right of pre emption granted to a tenant under Para 23 (3) (d) of the Land Reform Regulations, 1972 (MLR 115) on account of its being repugnant to the injunctions of Islam


Filed in the S.C

PLD 1986 SC Page 360, SC 1990 Page 99

118.

Sh.P.No.08/L/1980

Mistri Muhammad Hussain

Vs

Siraj-ud-Din

M-L-R 115 petitioner prayed that the Honble Court may kindly declare that the right of pre-emption are enacted in the pre-emption Act, 1913 are being repugnant to injunctions of Islam.



119.

Sh.P.No.8/K/1980

Habib Hassan Qadri

Vs.


Linked with

Validity of Fiscal law, namely Interest Act,1839,Section 22 of State Bank of Pakistan Act,1956 and Sections 25(2) and 26(1) of the Banking Companies Ordinance,1962

Dismissed on 22.12.1980 , on the ground that under the Constitution all fiscal laws and any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure are put outside the pale of jurisdiction of this court for three years from the commencement of the chapter of the Constitution containing Article 203-A to 203-H


120.

Sh.P.No.9/I/1980

Malik Muhammad Nisar Vs.

Faryad and another

Sec.253 (d) of Martial Law Regulation No.115.

Dismissed on 13.12.1980, in view of the judgment in S.P.No.2-L-1979




121.

S.P.No.9/L/1980

Niaz Hussain

Vs...


Linked with

S.P.No.69/L/1979

Linked with

S.P.No.13/L/1979

Qisas and Deeyat.

Allowed on 23.9.1980, the provisions of sections 401, 402, 402-A and 402-B Cr.P.c shall not apply. These sections are repugnant to the Holy Quran and Sunnah of the Holy Prophet to this extent.


Filed in the S.C


122.

S.P.No.9/K/1980

Habib Hassan Qadri Vs.


Linked with

S.P.No.10/K/1980

Shraf Hassan Qadri

Linked with

S.P.No.11/K/1980 & 12/K/of 1980

Habib Hassan Qadri Vs.


Validity of Fiscal law, namely Interest Act,1839,Section 22 of State Bank of Pakistan Act,1956 and Sections 25(2) and 26(1) of the Banking Companies Ordinance,1962

Validity of Fiscal law, namely Inter4est Act,1839,Section 22 of State Bank of Pakist5an Act,1956 and Sections 25(2) and 26(1) of the Banking Companies Ordinance,1962

Validity of Fiscal law, namely Interest Act, 1839, Section 22 of State Bank of Pakistan Act, 1956 and Sections 25(2) and 26(1) of the Banking Companies Ordinance, 1962.





123.

S.P.No.10-L/1980

Haq Nawaz

Vs.

Govt. of Pakistan through Ministry of Law,

L/W

S.P.No.17/L/1979

L/W

S.P.No.19/L/1979

L/W

S.P.No.11/L/1980

L/W

S.P.No.12/L/1980

Section 4 of the Muslim Family Laws Ord. challenged being repugnant to injunctions of Islam.

Dismissed on 17.2.1981 as the matter was not with the jurisdiction of this Court.

Appeal not filed

124.

S.P.No.10/R/1980

Malik Muhammad Saleh

Vs.

Faryad and another

Section 253(d) of Martial Law Regulation No.115.

Dismissed on 13.12.1980,in view of the judgment in S.P.No.2-L-1979.




125.

S.P.No.11/I/1980

Mst. Husan Pari

Vs.

Fazal Akbar and other

Martial Law Regulation No.115 of 1972.

Dismissed on 13.12.1980, in view of the judgment in S.P.No.2-L-1979




126.

S.P.No.11/L/1980

Muhammad Yar and another

Vs.

Federal Government of Pakistan etc.

Petitioner prayed that it may be graciously declared that section of Muslim Family Laws Ordinance, 1961 is being repugnant to injunctions of Islam.

Dismissed on 17.2.1981 as the matter was not with the jurisdiction of this Court

Appeal not filed

127.

S.P.No.12-I-1980

Muhammad Tahir and two others

Vs.

Mirwais

Petition of civil nature regarding property

Returned to the petitioner as the petitioner has not challenged any provision of law being repugnant to the injections of Islam.9.12.1980 Returned.


128.

S.P.No.12/L/1980

Lal etc

Vs.


Section 4 of the Muslim Family Laws Ord. challenged being repugnant to injunctions of Islam.

Dismissed on 17.2.1981 as the matter was not with the jurisdiction of this Court.

Appeal not filed

129.

S.P.No.13/I/1980

Muhammad Ishaq

Vs.

The Federation of Pakistan etc

For a declaration to the effect that the operation and Custom and usages , as repugnant to the injunctions of Islam

Allowed on 19.5.1981, on the ground that the Custom allowing challenged by collaterals to the alienation of property inherited under custom by a full honour is declare to be repugnant to the injunctions of Islam. It has also been held by the court that necessary amendment in the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 shall be made by the 30.6.1981,PLD 1981 FSC Page 278

Filed in the Supreme Court

Dismissed on 10.4.1983.

130.

S.P.No.13/L/1980

Feroz

Vs.


M-L-R 115 petitioner prayed that the Honble Court may kindly declare that the right of pre-emption are enacted in the pre-emption Act, 1913 are being repugnant to injunctions of Islam.



131.

S.P.No.13/K/1980

Begum Raffia Ahmad and others

Vs.


Linked with

S.P.No.14/K/1980

Syed Hussain and others

Vs.


MLR-115 of 1972

MLR-115 of 1972



Appeal not Filed

Filed in Supreme Court of Pakistan and dismissed 27-2-1987.

132.

S.P.No.14/I/1980

Syed Riasat Ali

Vs.


Challenged the existing Laws designed to bring barren lands under cultivation

Dismissed on 17.1.1981on the ground that the relief regarding returned of the land after the lease has already expired is beyond the scope of the jurisdiction of this Court


133.

S.P.No.14/L/1980

Ahmed Ali

Vs.


Para 25(3) (d) of MLR 115, Punjab Pre emption Act, and 1913 Article of 10&120 of Limitation Act, 1908. Section 5, 2,9 and Section 19, 20 Pre emption Act, petitioner prayed that the above section of laws the against are being repugnant to injunctions of Islam.



134.

S.P.No.14/K/1980

Syed Hussain and others

Vs.


MLR-115 of 1972


Filed in Supreme Court of Pakistan and dismissed 27-2-1987.

135.

S.P.No15/I/1980

Zakir Muhammad Khan

Vs.

The Divisional Engineer Workshop , Mughalpura, Lahore

Challenged Article 10 of the Limitation Act and section 30 of the pre emption Act alongwith the other provisions contained in the said Acts whereby a non-Muslim is permitted to exercised the right of pre emption against property purchased or owned by a Muslim, as repugnant to the injunctions of Islam

Dismissed on 13.12.1980, in view of the judgment in S.P.No.2-L-1979 Hafiz Muhammad Amin Vs. Islamic Republic of Pakistan and others


136.

S.P.No.15/L/1980

Zakir Muhammad Khan

Vs.

The Div. Engineer (Rly) LHR etc.

L/W

S.P.No.21/L/1980

Under Islamic Code of Life for right of employment and residential accommodation occupational under bilateral contract between employer & employees, Labour Laws in respect of Railways challenged being repugnant to injunctions of Islam

Dismissed on 4.10.1980 as the Court has no jurisdiction.

Appeal not filed

137.

S.P.No.15/K/1980

Saeed ullah Kazmi Vs. Federation of Pakistan

Not challenged any Law

Dismissed on 23.12.1980 as the petition is incompetent.

Filed in the Supreme Court of Pakistan and dismissed on 22-10-1983.

138.

S.P.No.16/L/1980

Inyat Muhammad Vs.


U/s 10 of the Colonization of the Government Land Act petitioner prayed that the Honble Court may be pleased to declare the condition of resumption during or at the expiry of the original lease and also condition as to the surrender of land beyond 12-1/2 acres conte3ined in the notification of 1979 are being repugnant to injunctions of Islam.

Dismissed as withdrawn on dated 4-2-1981.

Appeal not filed

139.

S.P.No.16/I/1980

Nadar Khan

Vs.

Asfandyar etc

Application against Order of High Court Peshawar dated 6.11.1978.

Returned to the petitioner on 29.11.1980 for want of jurisdiction


140.

S.P.No.16/K/1980

Khurshid Alam Siddiqui

Vs.

Muslim Commercial Bank and another

Personal grievance



141.

S.P.No.17/L/1980

Dost Muhammad etc.

Vs.


Para 25(3)(d) of MLR 115, Punjab Pre emption Act, 1913 petitioner prayed that aforesaid provisions of law may kindly be adjudged to be repugnant to the tenets of Islam and to have ceased effect as from the 12th of Rabi-ul-Awal, 1389 Hijri, i.e. the promulgation of the Constitution (Amendment) Order, 1979.





142. 2

S.P.No.17/K/1980

Al-Hajj H.I.Sheikh

Vs.

Mr. Mehmood A. Haroon and others

System of Ballot for picking up persons who are allowed to proceed on Hajj.

Summarily dismissed on 4.8.1980 for want of jurisdiction.


143.

S.P.No.18/L/1980

Inyat Ali etc.

Vs.

Government of Punjab

Para 25(3) (d) of MLR 115, Section 15(c) Punjab Pre-emption Act, 1913 is Kindly declared to be repugnant to injunctions of Islam.



144.

S.P.No.18/K/1980

Habib ur Rehman and another Vs. Federation of Pakistan

Some customs exists for less it has the force of law.

Summarily dismissed on 28.7.1980 for want of jurisdiction.


145.

S.P.No.19/R/1980

Mian Haider Khan Vs. Haji Kishawar and others

Dispute between the parties overland

Returned to the petitioner on 17.11.1980 for want of jurisdiction


146.

Sh.P.No.19/

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