MUHAMMAD ILYAS vs THE STATE
This criminal revision application was filed before the High Court of Sindh by the applicant, who was sent up for trial before the IInd Additional Sessions Judge under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979. The applicant sought to set aside the order taking cognizance and requested that the case be tried by a Magistrate of the First Class. The core legal question before the High Court was whether it retained revisional jurisdiction over cases relating to the enforcement of Hudood following the insertion of Article 203-DD into the Constitution of Pakistan 1973. The High Court held that under Article 203-DD read with Article 203-G of the Constitution, revisional jurisdiction in respect of any case decided or proceedings pending before any criminal court under any law relating to the enforcement of Hudood is exclusively vested in the Federal Shariat Court. Consequently, the High Court held that the revision application was not maintainable before it and dismissed the application.
- Whether the High Court has jurisdiction to entertain a revision application in a case relating to the enforcement of Hudood after the insertion of Article 203-DD of the Constitution of Pakistan 1973?
- Whether Article 203-DD read with Article 203-G of the Constitution of Pakistan 1973 confers exclusive revisional jurisdiction on the Federal Shariat Court in Hudood matters?
- Article 3, Prohibition (Enforcement of Hadd) Order 1979
- Article 4, Prohibition (Enforcement of Hadd) Order 1979
- Article 203-DD, Constitution of Pakistan 1973
- Article 203-G, Constitution of Pakistan 1973
1. This revision application has been filed on behalf of the applicant who has been sent up in the Court of IInd Additional Sessions Judge for being tried of offences under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979. The punishment for these offences was given as two years respectively and as such the case was triable by an ordinary 1st Class Magistrate and not by a Sessions or Additional, Sessions Judge. He has, therefore, prayed that the order of the IInd.
2. Additional Sessions Judge taking cognizance of the case may be set aside with the direction that the case should be tried by an ordinary 1st Class Magistrate.
2. The legal question that arises in this case is whether this Court is empowered to entertain this revision application after amendment of the Constitution regarding powers of the Federal Shariat Court in Chapter III-A by adding Article 203-DD which is reproduced hereunder:- "203-DD. Revisional and other jurisdiction of the Court.--- (1)The Court may call for and examine the record of any case decided. By any criminal Court under any law relating to the enforcement of Hudood for the purpose of satisfying itself as to the correctness, legality or propriety of the finding, sentence or order recorded or passed by, and as to the regularity of any proceedings of, such Court and may, when calling for such record, direct that the execution of any sentence be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record."
3. The above Article lays down that Federal Shariat Court has got revisional jurisdiction in respect of cases relating to Enforcement of Hudood pending before any Court.
4. The above Article is to be read with Article 203-G of the Constitution which lays down that no Court shall have jurisdiction to entertain any proceedings or exercise any power in respect of any matter within the power or jurisdiction of the Federal Shariat Court. Article 203-DD, when read in the context of Article 203-G, would lead to the clear inference that revisional powers in respect of cases relating A to Hudood, are exclusively vested in the Federal Shariat Court.
5. I, therefore, hold that this revision application is not maintainable in this Court and is dismissed as such.
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