Powers and jurisdiction of Federal Shariat Court

-    Sched. Item 2---Constitution of Pakistan, Art. 203-Dd---Powers and jurisdiction of Federal Shariat Court---Vires of statue---According to the amendment effected in item 2 of Sched. of Anti-Terrorism Act, 1997 dated 21-8-1997, the Federal Government in exercise of power vesting in it under section 3 of the Anti-terrorism Act, 1997 authorized the Anti-terrorism Courts to try some categories of offences relating to Hudood without providing a rider in section 25(i) of the said Act that appeals in cases involving Hudood offence would lie to the Federal Shariat Court---Said amendment in the Schedule without corresponding change in S.25(i) offends the constitutional provision contained in Art.203-Dd which confers exclusive jurisdiction upon Federal Shariat Court in cases relating to the enforcement of Hudood---“Any case decided by any criminal court under any law relating to the enforcement of Hudood” is to be heard and decided by the Federal Shariat Court alone---Such position is therefore travesty of legal constraint imposed by the Constitution.

Mian Abdur Razzaq Aamir

Versus
Federal Government of Islamic Republic of Pakistan
2011 PLD 1
Federal-Shariat-Court