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P L D 1984 Supreme Court 373
(Shat fat Bench]
Present : Justice Muhammad Afzal Zullah, Chairman, Nasim Hasan Shah, Shafiur Rahman, Pir Muhammad Karam Shah and Maulana Muhammad Taqi Usmani, JJ
NISAR alias NISARI AND ANOTHER---Appellants versus GOVERNMENT OF PAKISTAN AND 2 others-Respondents
Shariat Miscellaneous Nos. 68-R and 69-R of 1984, decided on 4th April, 1;984.
(On appeal against the Order of Federal Shariat Court of Pakistan, dated 9th January, 1984 in Sharait Petition No. 4/1 of 1983).
Constitution of Pakistan (1973)
-- Art. 203-F(l) - Supreme Court Rules, 1980, O. V, r. 3 read with O. V, r. 1(6) - Provisional Constitution Order (1 of 1981), Art. 15Entertainment of direct Shariat appeal by Supreme Court filed under Art. 203-F(1), Constitution of Pakistan (1973) - Appellant tried, convicted and sentenced by Special Military Court-Appellant assuring Supreme Court that he had no intention of challenging, conviction recorded by Military Courts, nor provisions or effect of any Martial Law Regulation or Martial Law Order or Presidential Order were involved in case nor they will be brought under discussion-Appellant clarifying that law relating to execution of death in Criminal Procedure Code, 1898 and Rules or directions including Jail Manual in so far as they do not make provision for taking note of compromise in murder cases, were sought to be declared against injunctions of Islam as contained in the Qur'an and Sunnah-Supreme Court on such clarification regarding point to be raised, directed Registrar of the Court to entertain appeal.
Zahir Shah v. The State Shariat Petition No. 4-P of 1981 ref.
Saeed Beg, Advocate Supreme Court and Jan Muhammad Khan, Advocate-on-Record (absent) for Appellants.
Nemo for Respondents.
Date of hearing : 4th April, 1984.
JUSTICE MUHAMMAD AFZAL ZULLAH, CHAIRMAN.-These two Miscellaneous Appeals under Order V, rule 3 read with Order V, rule 1(6) of the Supreme Court Rules are directed against the refusal, dated 8-2-1984 of the Registrar of this Court to entertain two direct Shariat Appeals filed under Article 203-F-1 on the following ground ;
"The appellants were tried, convicted and sentenced by a Special Military Court. Therefore, the appeal is not entertainable under the provisions of the Provisional Constitution Order, 1981. Returned to Mr. Jan Muhammad Khan, A. O. R."
When questioned in this behalf learned counsel explained that the appellants had no intention of challenging the conviction recorded by the Military Courts, nor the provisions or effect of any M. L. R. or M. L. O. or P. O. are involved in the case. Nor they will be brought under discussion. He has explained that the law relating to execution of death in the Cr. P. C. and the rules/directions including the Jail Manual insofar as they do not make provision for taking note of the compromise in murder cases, were sought to be declared against the injunctions of (slam as contained in the Qur'an and Sunnah. He has also relied on the precedent case of Zahir Shah v. The State (Shariat Petition No. 4-P of 1981), decided by the Federal Shariat Court under Article 203-D of the Constitution on 6-4-1982.
After the clarification made by the learned counsel regarding the point to be raised in the appeals, the grounds mentioned by Registrar for not entertaining the appeal do not exist any more.
These appeals are allowed with the direction that the original appeal returned earlier should be entertained and registered.
Appeal allowed.
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