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Search Results: Categories: 313 PPC (1 found)
Syeda Viquar un Nisa Hastimi, R/o Gilani House, Street No.62, G-6/4, Islamabad II Petitioner Versus Federal Government of Pakistan through Ministry of Law Justice & Parliamentary Affairs, Islamabad. Respondent Counsel for Petitioner in person Counsel for Federal Govt. Mr. M. Pervez Khan Tanoli, Standing Counsel Counsel for Balochistan Govt Mr. Muhammad Ayaz Khan Swati, Additional Advocate General Counsel for Sindh Govt. Mr. Ahsan Hameed Dogar, Advocate Counsel for Punjab Govt. Mr. Rashid Hafeez, Additional Advocate Genera
Summary: Background:
The petitioner challenged the constitutionality of specific sections of the Pakistan Penal Code (PPC), namely Sections 306(b)(c), 307(1)(b)(c), 309(1), and 310(1), on the grounds that these provisions, related to Qisas (retaliation) and Diyat (compensation), were against the Injunctions of Islam. Additionally, the petitioner contested Sections 313 and 338 of the PPC and Sections 345(1) & (2A) of the Criminal Procedure Code (Cr.P.C.) on similar grounds.
----Issues:
1- Whether the impugned sections of the PPC and Cr.P.C. are against the Injunctions of Islam.
2- Whether the existing legal provisions adequately address the gravity of offenses like honor killing.
3- Whether the state has the authority to legislate and enact laws for maintaining law and order while adhering to Islamic principles.
----Holding/Reasoning/Outcome
The court dismissed the petition, holding that the provisions in question were not against the Injunctions of Islam. The court emphasized that the state has the authority to legislate within the limits prescribed by Islamic law. The court further noted that the existing legal framework, particularly the amended Section 311 PPC, already addresses the concerns raised by the petitioner, especially regarding offenses categorized as "fasad-fil-arz" (mischief on earth). The court found that the petitioner's arguments did not sufficiently demonstrate that the impugned sections violated Islamic principles.
----Citations/Precedents
1997 SCMR 1307 - Sheikh Muhammad Aslam & another Vs. Shauakat Ali alias Shauka
2004 SCMR 236 - Bashir Ahmed Vs. The State
2005 SCMR 599 - Khan Muhammad Vs. The State
PLD 1996 SC 1 - Abdul Haque vs. The State and another
2000 SCMR 338 - Abdus Salam vs. The State
PLD 2005 SC 252 - Muhammad Abdullah Yousaf and others vs. Miss Nadia Ayub and others
PLD 2015 SC 77 - Zahid Rehman vs. The State
PLD 1980 FSC 1 - Muhammad Riaz Versus Federal Government
PLD 1989 SC 633 - Shariat Appellate Bench of the Supreme Court Judgment on compoundability of Qatl-e-Amd under Section 302 PPC