Plea seeking sharia law referred to high court
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
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.