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ZAFAR IQBAL ALIAS BADRU versus THE STATE


The Constitution of Pakistan 1973 Article 203 DD Article 203G review was read with the Federal Shariat Court, which amended the judicial proceedings under any law imposed by any criminal court under the law of Hudud. Option]

1986 P Cr. L J 891

[Lahore]

Before Muhammad Rafiq Tarar, J

ZAFAR IQBAL alias BADRU Petitioner

Versus

THE STATE Respondent

Criminal Revision No. 379 of 1983, decided on 23rd December, 1985.

Constitution of Pakistan (1973)‑--

---‑‑Art. 203‑DD read with Art. 203‑G‑‑Revisional jurisdiction‑‑Federal Shariat Court alone, held, having revisional jurisdiction in cases decided by any criminal Court under any law relating to enforcement of Hudood.‑‑[Jurisdiction].

Khan Badshah v. The State 1985 P Cr. L J 2609 and Jaffar Khan v. The State 1985 P Cr. L J 2611 rel.

Nemo for Petitioner.

Rene Abdullah Khalid for the State.

Date of hearing: 21st December, 1985.

JUDGMENT

The case has been called several times but no body has appeared for the petitioner. The petitioner was convicted under Article 4 of, the Prohibition (Enforcement of Hadd) Order, 1979 and sentenced to undergo rigorous imprisonment for one year and a fine of Rs.500 vide judgment, dated 30th November 1982 of the learned Magistrate First Class, Sialkot. His appeal against conviction and sentence was dismissed on 13‑6‑1983.

2. In view of the provisions contained in Article 203‑DD read with Article 203‑G, the Federal Shariat Court alone has the revisional jurisdiction in cases decided by any Criminal Court under any law relating to the enforcement of Hudood. The petition is, therefore, returned to the petitioner for presentation to the proper Court. Reliance is placed on Khan Badshah v. The State 1985 P Cr. L J 2609, Jaffar Khan v. The State 1985 P Cr. L J 2611 D B and Iqbal Hussain v. The State P L D 1985 Lah. 65.

S.G.D. Order accordingly.

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