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MUHAMMAD RAFIQUE versus IBRAR HUSSAIN


Criminal Procedure (CR PC) Section 497 (5) Contempt Code (XLV of 1860), Section 324 / 337F / 147/148 / 149A Sharia Courts of Azad Jammu and Kashmir Sharia Court Act, 1993, Section 2 Azad Jammu (Regulation) Rules, 1982, Rr 4 (3) and 27 (2) Jurisdiction of Shariat Court to revoke bail, bail granted to the accused by the Zila court, the complainant filed a revision petition before the Shariah Court. Source challenge, with which two other connected review requests were direct. A single judge of this court had heard that a bench was set up without a bench because the office of the Chief Justice of Shariat Court was vacant and the judge was of the view that he was sitting on the court seat when the chief justice was absent. are present. Was able to hear the bail pleas. The provisions of the Azad Jammu and Kashmir Shariah Court Act, 1993, referred to the court as a whole and did not stipulate that the cases filed before the Shariat court could be heard by a single member of this court and a single bench of the Shariah court. Is. A hearing can only take place if it is not constituted by the Chief Justice, nor was the Shariah court's injunction put aside and send all three review petitions to him for re-hearing by a permanent bench. Was given.

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