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Criminal Revision No. 40 of 1985, decided on 27th October, 1985.
‑‑‑S. 439‑‑Constitution of Pakistan (1973), Art. 203‑G‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 16 Revisional jurisdiction‑‑Revision al Jurisdiction in Hudood cases, held, exclusively vested in Federal Shariat Court‑‑Article 203‑G. Constitution of Pakistan bared jurisdiction of other Courts.‑‑[ Revision (criminal)].
Muhammad Ilyas v. The State 1986 P Cr. L J 344 and Khan Badshah v. The State 1985 P Cr. L J 2609 rel.
-‑‑‑S. 439‑‑Constitution of Pakistan (1973), Art. 203‑G‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) S. 16‑‑Revision‑ Revision petition in Hudood cases not competent before High Court "Proper course for petitioner to approach Federal Shariat Court‑‑Petition dismissed for want of jurisdiction.‑‑[Jurisdiction].
Petitioner in person.
A. Majid Abbasi for Respondent.
Amanullah Qureshi for the State.
Date of hearing: 27th October, 1985.
This Revision Petition is directed against the order, dated 10‑6‑1985 of Additional Sessions Judge (Hudood), Sukkur.
2. The case under section 16 of Zina (Enforcement of Hudood) Ordinance, 1979 is pending in the Court of Additional Sessions Judge (Hudood), Sukkur against the respondents. Complainant Faiz Muhammad in his application, dated 3‑2‑1985 requested the trial Court to allow his Advocate to cross‑examine the accused as provided under section 44 of Qanoon‑e‑Shahadat. His application has been dismissed. Being aggrieved he filed this revision application.
3. I have heard applicant Faiz Mohammad, Mr. Abdul Majeed Abbasi, Advocate appearing for the respondents and Mr. Amanullah Qureshi for the State.
4. The revisional jurisdiction in Hudood cases exclusively vest in Federal Shariat Court. The Article 203‑G of the Constitution bars jurisdiction of other Courts including Supreme Court.
On this point I refer to the cases of Muhammad. Ilyas v. The State reported in 1986 P Cr. L J 344 and Khan Badshah v. The State reported in 1985 P Cr. L J 2609.
The proper course for the petitioner is to approach Federal Shariat Bench.
For the reasons stated above this petition is returned to the petitioner and he is at liberty to seek proper remedy before Federal Shariat Court. Applicant is present. He is informed.
This petition is dismissed for want of jurisdiction.
M.Y.H. Petition dismissed.
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