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MUHAMMAD ARSHAD versus THE STATE


Article 203E (9) Reviewing powers that have recently been granted to the Federal Shariah Court, the proud Shariat Court in relation to matters in the Sharia petitions rule under the Code of Criminal Code, 1898, in matters of review of criminal cases. Would like to Therefore, seek to interfere with the exercise of jurisdiction for review with their decisions on criminal appeals [Federal Shariat Court Review]

PLD 1981 FSC 290

Present : Justice Aftab Hussain, Chairman and Justice Karimullah Durrani, Member

MUHAMMAD ARSHAD-Appellant

Versus

THE STATE-Respondent

Criminal Review No. 56/1 of 1981 in Criminal Appeal No. 31/I of 1.980, heard on 17th June, 1981.

Constitution of Pakistan (1973)-----

----Art. 203-E (9)-Review-Powers of review recently given to Federal Shariat Court-Conferred in connection with matters in Shariat petitions-Federal Shariat Court would like to be governed by principle of Criminal Procedure Code, 1898 in matters of review of criminal cases and would not therefore like to interfere in exercise of review jurisdictions with its decisions given in criminal appeals.-[Review by Federal Shariat Court].

Malik Rab Nawaz Noon for Appellant.

Date of hearing : 17th June, 1981.

ORDER

JUSTICE AFTAB HUSSAIN, CHARIMAN.-----

Recently this Court has been given the power of review. This petition for review has been filed in a criminal appeal which was decided by this Court on the 28th of- March, 1981. The Court have not framed any rules so far but we make it clear that the power granted to us is in the nature of discretion to interfere or- not. We would like to be governed by the principle of Cr. P. C. in matters of review of criminal cases. For this reason we would not like to interfere in exercise of review jurisdiction with our decisions given in criminal appeals. In fact the review jurisdiction has been conferred upon this Court in connection with the matters in Shariat Petitions. This petition is therefore dismissed.

S. A. H. Petition dismissed.

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