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Latest Judgments (All Jurisdictions within Pakistan)
GUL RASHEED KHAN OTHERSS VS ISRAR KHAN
Summary: Summary pending.
HAFIZ BASHEER AHMAD VS APPELLATE AUTHORITY ADDITIONAL DISTRICT JUDGE
Summary: Summary pending.
USMANULLAH VS SHARAFTA KHAN
Summary: Summary pending.
MUHAMMAD BUX VS THE STATE
Summary: Summary pending.
Ambrin Tariq Awan, Advocate daughter of Tariq Ismail Awan, RIo 10/G Model Town, Lahore Versus Federal Government ofPakistan through Secretary, Ministry ofInterior.
Summary: Background:
A petition was filed challenging specific sections of the NADRA Ordinance, 2000, which require women to update their CNICs (Computerized National Identity Cards) after changes in their marital status, such as marriage, divorce, or remarriage. The petitioner argued that these requirements were discriminatory against women, as men are not subject to the same obligations. The petitioner claimed that these sections violated the principle of equality enshrined in the Constitution and were inconsistent with Islamic injunctions.
----Issues:
1- Are the requirements for women to update their CNICs after changes in marital status discriminatory and in violation of Islamic injunctions?
2- Do Sections 8 and 21 of the NADRA Ordinance, 2000, infringe upon the constitutional guarantee of equality before the law?
----Holding/Reasoning/Outcome:
The court dismissed the petition, holding that:
The challenged sections of the NADRA Ordinance, 2000, were not discriminatory and were consistent with Islamic injunctions. The court reasoned that while Islamic law mandates equality, it does not require identical treatment in all situations. The law recognizes the different roles and responsibilities of men and women and allows for measures that protect their respective rights.
The court emphasized that the requirement for women to update their CNICs serves a protective function, ensuring their rights in matters such as inheritance, financial transactions, and international travel are upheld. These measures, according to the court, are in the public interest and do not constitute unjust discrimination.
The court further clarified that equality under Islamic law involves equitable treatment, which can accommodate differences between men and women based on their natural and societal roles.
----Citations/Precedents:
Government of Balochistan Vs. Azizullah Memon, PLD 1993 SC 341
The case outlined principles regarding equality before the law, allowing for reasonable classifications based on differences in circumstances.
The Holy Quran, Various Verses (cited by the petitioner):
Verses 32:4, 124:4, 194:3, 16:97, 33:35, 3:195, 4:124, 2:228, among others, were referenced to argue for equality between men and women in Islamic law.
Islamic Jurisprudence:
The court discussed the principles of Ijtihad (independent reasoning) and its role in adapting Islamic law to contemporary issues, emphasizing that such adaptations must align with the spirit of Islamic teachings.
The court concluded that the petition lacked legal merit and affirmed the validity of the NADRA Ordinance's provisions.
Arbab VS The State
Summary: S.324,34,392 PPCDirection of re-trial not followed (Bail allowed)
Asghar SV The State
Summary: S. 399,400,401 PPC, 5 ExpNo association proved, wants further inquiry (Bail allowed)
Noor Muhammad Shah VS The State
Summary: S. 324,34 PPC , 17(4) HarrabaMere abscontion is no ground for rejection of bail (Bail allowed)
Usmanullah Vs Sharafat Khan etc
Summary: S. 302,34 PPCCompetency of a child witness (Appeal dismissed)
Gul Rashid etc vs Israr Khan etc
Summary: S.55 Contract Act 1872:Time is not essence of the contract, in matters, pertaining to immovable property