Seith MUHAMMAD IQBAL vs COLLECTOR, LAHORE DISTRICT
This petition for leave to appeal arises out of a constitutional petition filed before the High Court challenging an order of the Collector declining to renew the petitioner's money-lender licence and directing the registration of a criminal case under the West Pakistan Money Lenders' Ordinance, 1960. While the High Court declared the direction for registering a criminal case without lawful authority, it refused to order the renewal of the licence on the ground that the Punjab Money Lenders' Ordinance ceased to have effect from 30 June 1992 following the Federal Shariat Court's judgment in Dr. Mahmood-ur-Rehman Faisal v. Ministry of Law and Parliamentary Affairs. The petitioner contended before the Supreme Court that an appeal against the Federal Shariat Court's judgment was pending before the Shariat Appellate Bench, thereby keeping the Ordinance in force by operation of the proviso to Article 203D(2) of the Constitution of Pakistan, 1973. The Supreme Court held that the contention required examination and accordingly granted leave to appeal.
- Whether the pendency of an appeal before the Shariat Appellate Bench keeps an impugned law in force by operation of the proviso to Article 203D(2) of the Constitution of Pakistan 1973?
- Can a Collector refuse to renew a money-lender licence based on a Federal Shariat Court judgment while an appeal against it is pending?
- Section 10, West Pakistan Money Lenders Ordinance 1960
- Article 203D(2), Constitution of Pakistan 1973
ORDER
' SAAD SAOOD JAN, J.---The petitioner is a money-lender. To carry on his business he obtained a licence from the Collector under the provisions of the West Pakistan Money Lenders' Ordinance No, XXIX of 1960. The licence expired on 28-2-1991. However, before the expiry of the licence he applied to the Collector for its renewal. By an order dated 20-6-1992 the Collector not only declined to extend the licence but also directed that a criminal case should be registered against the petitioner under section 10 of the Money Lenders' Ordinance. The petitioner filed a Constitution petition in the High Court to call in question the legality of the order of the Collector. A learned Single Judge declared the direction with regard to the registration of the case as without lawful authority but declined to call upon the Collector to renew the petitioner's licence on the ground that after the decision of the Federal Shariat Court in the case of Dr. Mahmood-ur-Rehman Faisal and others v. Ministry of Law and Parliamentary Affairs PLD 1992 FSC 1 the Punjab Money Lenders'
Ordinance ceased to have effect from 30-6-1992. The petitioner seeks leave to appeal from the order of the High Court.
2. In support of this petition it is contended that an appeal has been preferred before the Shariat Appellant Bench of the Supreme Court from the judgment of the Federal Shariat Court and as such by operation of the proviso to Article 2-3-D (2) the Ordinance is still in force.
3. The contention raised in support of this petition needs examination. Leave to appeal is accordingly granted.