Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Criminal Revision No.1 of 1985, decided on 18th February, 1985.
-----Arts. 203‑G & 203‑DD‑‑Revision petition, maintainability of‑ Revisional powers in respect of cases relating to Hudood, held, exclusively vested in Federal Shariat Court‑‑Revision petition filed before High" Court, held further, not maintainable and dismissed, in circumstances.
Sardar Muhammad Ishaque for Petitioner.
A.A. Muhammadally, A.A.‑G. for the State.
Date of hearing: 18th February, 1985.
This revision application has been filed on behalf of the applicant who has been sent up in the Court of IInd Additional Sessions Judge for being tried of offences under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979. The punishment for these offences was given as two years respectively and as such the case was triable by an ordinary 1st Class Magistrate and not by a Sessions or Additional, Sessions Judge. He has, therefore, prayed that the order of the IInd. Additional Sessions Judge taking cognizance of the case may be set aside with the direction that the case should be tried by an ordinary 1st Class Magistrate.
2. The legal question that arises in this case is whether this Court is empowered to entertain this revision application after amendment of the Constitution regarding powers of the Federal Shariat Court in Chapter III‑A by adding Article 203‑DD which is reproduced hereunder:‑
"203‑DD. Revisional and other jurisdiction of the Court.
(1) The Court may call for and examine the record of any case decided. by any criminal Court under any law relating to the enforcement of Hudood for the purpose of satisfying itself as to the correctness, legality or propriety of the finding, sentence or order recorded or passed by, and as to the regularity of any proceedings of, such Court and may, when calling for such record, direct that the execution of any sentence be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record."
The above Article lays down that Federal Shariat Court has got revisional jurisdiction in respect of cases relating to Enforcement of Hudood pending before any Court.
The above Article is to be read with Article 203‑G of the Constitution which lays down that no Court shall have jurisdiction to entertain any proceedings or exercise any power in respect of any matter within the power or jurisdiction of the Federal Shariat Court. Article 203‑DD, when read in the context of Article 203‑G, would lead to the clear inference that revisional powers in respect of cases relating A to Hudood, are exclusively vested in the Federal Shariat Court.
I, therefore, hold that this revision application is not maintainable in this Court and is dismissed as such.
S.G.D. Revision petition dismissed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer