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HABIBUR REHMAN versus GOVERNMENT OF PAKISTAN


And the Political Parties (Amendment) Ordinance (XLI of 1979) read with the Constitution of Pakistan (1973), Article 203 D Rebellion against the Federal Shariah Court on the jurisdiction of Islam, with the jurisdiction to intervene in the Political Parties Act 1952 Not related [jurisdiction]

P L D 1981 F S C 131

Present : Justice (Retd.) Salahuddin Ahmed Chairman, Justices Agha Ali Hyder, Aftab Hussain, Zakaullah Lodhi and Karimullah Durrani, Members

Shariat Petition No. 28 of 1979 (Karachi)

HABIBUR REHMAN-Petitioner

Versus

GOVERNMENT OF PAKISTAN-Respondent

Shariat Petition No. 66 of 1979 (Lahore)

Raja MUHAMMAD AFSAR-Petitioner

Versus

FEDERAL GOVERNMENT OF PAKISTAN---Respondent

Shariat Petitions Nos. 28 (Karachi) and 66 (Lahore) of 1979, decided on 13th December, 1980.

Political Parties Act (III of 1962) ---

---And Political Parties (Amendment) Ordinance (XLII of 1979) read with Constitution of Pakistan (1973), Art. 203-D--Repugnance to injunctions of Islam-Jurisdiction-Federal Shariat Court-Held, not vested with jurisdiction to interfere with Political Parties Act, 1952.- [Jurisdiction].

B. Z. Kaikaus v. Federal Government of Pakistan P L D 1981 F S C 1 ref.

ORDER

JUSTICE (RETD.) SALAHUDDIN AHMED, CHAIRMAN.---

These two petitions are directed against the validity of the Political Parties Act, 1962, S. P. No. 66 of 1979 also calls in question the Political Parties (Amendment) Ordinance, 1979 (XLII of 1979), which has further made stringent certain provisions of the Political Parties Act, 1962.

2. It has been contended that the existence of Political Parties creates bitterness and leads the way to the splitting up of the Muslim Umma.

3. The criticism against the Political Parties, more or less, are on the same line as that in the case of S. P. No. 41 of 1979 (Lahore) B. Z. Kaikaus v. Federal Government of Pakistan (P L D 1981 FSC 1).

4. Our decision in the case of S. P. No. 41 of 1979 (Lahore) B. Z. Kaikaus v. Federal Government of Pakistan and others will govern these two cases as well. It has been held therein that the Court has no jurisdiction to interfere with the Political Parties Act.

5. In view of unanimous revision of the Court both the petitions are dismissed.

S.A.H. Petitions dismissed.

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