Plea seeking sharia law referred to high court

The bench directed the IHC to decide the ICA, if and when filed, within three months.


Hasnaat Malik March 16, 2014
The petitioner requested the top court to direct the federal government to insert in the Constitution through 9th amendment such provisions that make the Holy Quran and sharia the supreme law of the land. PHOTO: FILE

ISLAMABAD:

The Supreme Court has referred to the Islamabad High Court (IHC) a petition seeking enforcement of sharia law in the country. More importantly, the court has been directed to decide the matter within three months.


The petition was filed by a local lawyer, Azam Khan Sultan Puri, last week challenging the IHC’s order in which it had declared that the formulation of a society on the basis of rules laid down in the Holy Quran and Sunnah cannot be achieved by a single order, judgement or isolated effort of an individual.


Justice Shaukat Aziz Saddiqui of the IHC had also observed that the enforcement of sharia law was a lengthy process that began with the basic level of educating children and character-building of individuals.


“There are several provisions in the Constitution which provide the mechanism for achieving the supremacy of sharia in the Islamic Republic of Pakistan, and for this purpose, no direction is necessary,” stated the court order, a copy of which is available with The Express Tribune.


After his petition was rejected last year, Sultan Puri challenged the IHC decision in the Supreme Court. Appearing before a two-judge bench of the apex court on March 13, Sultan Puri contended that the IHC judge had rejected his petition without hearing his point of view.


He requested the top court to direct the federal government to insert in the Constitution through 9th amendment such provisions that make the Holy Quran and sharia the supreme law of the land, and all overlapping articles and provisions illegal.


The petitioner also pleaded that the top court stopped the Election Commission of Pakistan from holding any elections in the country.


The apex court bench, however, said that an intra-court appeal (ICA) was not filed in the IHC against the dismissal of the petition. The bench directed the petitioner to move an ICA against the IHC order. At the same time, the bench directed the IHC to decide the ICA, if and when filed, within three months.

Published in The Express Tribune, March 17th, 2014. 

COMMENTS (5)

Dr.A.K.Tewari | 7 years ago | Reply

Saudi Arabia developed in terms of physical fasilities because of Petro dollors .

"Shariya will turn your country into Sudan''

Aaron Upright | 7 years ago | Reply

Its headlines and bylines like this which cause people to think that ET is a mouthpiece of the West. Under section 3 of the Law Reforms Ordinance 1972 a judgement by a single Judge of a High Court in exercise of its original or Writ jurisdiction (as is the case here) here is to be appealed to the Division Bench (2 or more Judges) of the same High Court. Only if and when that is done can you file leave to appeal before the Supreme Court.

Over here the Appellant went straight to the SC skipping the appeal. He has been told to go to the Division Bench. No statement has been made on the merits of the petition.

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