The petition was filed by a self-acclaimed social worker and was fixed for hearing before a division bench of the high court comprising Justice Maqbool Baqar and Justice Nisar M Shaikh at serial No. 61. But the court heard matters up to serial No. 28 from the list of 90 cases fixed for the day. However, the petition will again come up for hearing on February 16.
The petitioner maintains that the Holy Quran and Sunnah (Shariah) are the supreme laws of Pakistan and under articles 227, 229 and 230 the legislature is bound to transform all laws strictly according to the tenets of Islam within a mandatory period of seven years. Unfortunately, 37 years have passed but elected assemblies and its members have failed to meet this obligation.
He referred to Article 2-A of the Constitution and a judgment by the Supreme Court and said that the legislature is bound to strike down, repeal, amend and modify all laws which are repugnant to the tenets of Islam.
He argued that Article 248 is repugnant to Islam and Islamic code of life/values as even prominent caliphs surrendered themselves before courts and Qazis for accountability. The article, which gives immunity to the holders of the highest offices in the country, is against the basic teaching of Islam, the petitioner maintains.
The un-Islamic article is thus liable to be struck down, the petitioner appealed to the court, seeking directions to the federation to bring about the necessary amendment to transform all laws in conformity with Islamic laws.
Published in The Express Tribune, February 10th, 2012.
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