1 PENDENCY OF SHARIAT PETITIONS/SHARIAT MATTERS SUBJECT WISE LIST UPTO 31-10-2011. S.No 1. PETITION NO. & NAME OF PARTIES S.S.M.No. 41/A/1987 LAW CHALLENGED F.B. L.B. P.H. R.H. Remarks Sections 21,34,35,51,54, F.B. 55, 55-A, 57, 67, 71, 73, 76, 77, 78, 79,85,86,105, 106,107, 130, to 149,151, 153-A, 155-A to229, 272, 273, 275, 292 to 338, 361, 363, 364-A, 378,390 to 420, 478,489,494 to 496 503 to 51 of the Pakistan Penal Code, 1860. (CPC) R.H. (Due to pivotal importance the matters were fixed alongwith vide orders dated: 28-8-2008, 21-102008, 27-11-2008, 26-2-2009 at Islamabad, 6-1-2009, 15-1-2009, 11-3-2009 at Karachi, 11-2-2009 at Lahore). Last Order dated 25-10-2010. The Court has directed the written comments filed by Mr. M. Tufail Hashmi, Federal Government and Government of the Punjab will be considered at the time of hearing Adjourned date in office. 2. S.S.M.No. 22 /1987 Section 402-A, 402-B. 402-C of PPC added by the Pakistan Penal Code (Second Amendment) Ordinance XXX of 1981. F.B. R.H. Last Order dated 25-10-2010. The Court has directed the written comments filed by Mr. M. Tufail Hashmi, Federal Government and Government of the Punjab will be considered at the time of hearing Adjourned date in office. 3. S.S.M.No. 53/1987 Section 354-A of PPC inserted by Criminal Law (Amendment Ordinance XXIV of 1984 ) & Amendment in schedule of Criminal Procedure Code,1860(Cr.P.C). F.B. R.H. Last Order dated 25-10-2010. The Court has directed the written comments filed by Mr. M. Tufail Hashmi, Federal Government and Government of the Punjab will be considered at the time of hearing Adjourned date in office. 2 4. S.P.No.3/K/1993 Malik Muhammad Usman Vs. Govt. Of Pakistan Sub-Section (a) and (c) of section 302 added by Cr. Law (Second Amendment) Ord. XVIII of 1991 F.B. R.H. Last Order dated 25-10-2010. The Court has directed the written comments filed by Mr. M. Tufail Hashmi, Federal Government and Government of the Punjab will be considered at the time of hearing Adjourned date in office. 5. S.P.No.5/K/1993 Malik Muhammad Usman Vs. Govt. of Pakistan Section 320 PPC Cr. Law (Second Amendment)Ordinance 1991 F.B. R.H. Last Order dated 25-10-2010. The Court has directed the written comments filed by Mr. M. Tufail Hashmi, Federal Government and Government of the Punjab will be considered at the time of hearing Adjourned date in office. 6. S.P.No.6/K/1993 Section 426 of Pakistan Malik Muhammad Penal Code, (XLV of Usman Vs. Govt. 1860). of Pakistan (As Mentioned Above) F.B. R.H. Last Order dated 25-10-2010. The Court has directed the written comments filed by Mr. M. Tufail Hashmi, Federal Government and Government of the Punjab will be considered at the time of hearing Adjourned date in office. 7. S.P.No.7/K/1993 Section 193 of PPC Malik Muhammad Usman Vs. Govt. (As Mentioned Above) of Pakistan F.B. R.H. Last Order dated 25-10-2010. The Court has directed the written comments filed by Mr. M. Tufail Hashmi, Federal Government and Government of the Punjab will be considered at the time of hearing Adjourned date in office. 3 8. 9. 10. S.P.No.11/K/199 Section 379 of PPC (As 3 Mentioned Above) Malik Muhammad Usman Vs. Govt. of Pakistan F.B. R.H. Last Order dated 25-10-2010. The Court has directed the written comments filed by Mr. M. Tufail Hashmi, Federal Government and Government of the Punjab will be considered at the time of hearing Adjourned date in office. Juvenile Justice System Ordinance 2000 and Section 302, 148 149 109 of PPC S.P.No.1/L/2002 Sections 302, F.B. R.H. Last Order dated 27-11-2008. Syed Zulfiqar Vs. 148,149,109, of PPC, Standing counsel of Federal Govt. Federation of Juvenile Justice System has filed a copy of order of the Pakistan Ordinance 2000. Hon’ble Supreme Court in Civil Petition Nos. 300 and 303 of 2005 (Transferred to in which same issues involved. Islamabad vide order This matter has not been decided dated: 26-2-2007. by the Supreme Court as yet. Accordingly Adjourned this till final decision of Supreme Court. S.P.No.4/I/2005 Dr. Muhammad Aslam Khaki Vs. Federal of Pakistan etc. QISAS / DIYAT Section 302 (b) of PPC. & L.B. R.H. Last Order dated 1-4-2009. Section 345 (2) Cr.P.C. Comments have been filed by the Federal and Provincial Governments, copies of which were supplied to the petitioner. Reply of the same may be filed within two weeks hereof. To come up after two weeks. Case will be fixed after availability of larger Bench. 4 11. S.P.No.2/I/2007 Muhammad Yar Vs. Federation of Pakistan etc. Section 302 (b) of PPC. & Section 345 (2) Cr.P.C. L.B. R.H. Last Order dated 1-4-2009. Comments have been filed by the Federal and Provincial Governments, copies of which were supplied to the petitioner. Reply of the same may be filed within two weeks hereof. To come up after two weeks. Case will be fixed after availability of larger Bench. 12. S.P.No.4/I/2007 Zafar etc Vs. Federation of Pakistan etc. Section 302 (b) of PPC. & Section 345 (2) Cr.P.C. L.B. R.H. Last Order dated 1-4-2009. Comments have been filed by the Federal and Provincial Governments, copies of which were supplied to the petitioner. Reply of the same may be filed within two weeks hereof. To come up after two weeks. Case will be fixed after availability of larger Bench. 13. S.P.NO.1/P/1997 Director & Members AlQuran Research Academy Vs. Govt. of Pakistan. Sections 54,55, 55-A, 309,310,312,313 PPC and Section 345 Cr.P.C. Amended by Criminal Law (Amendment Act, 1997) L.B. R.H. Last Order dated 1-4-2009. Comments have been filed by the Federal and Provincial Governments, copies of which were supplied to the petitioner. Reply of the same may be filed within two weeks hereof. To come up after two weeks. Case will be fixed after availability of larger Bench. Alongwith Cr.Rev.No.4/L of 2007 Mst. Fahmeda Vs. Khalid Mehmood Seeking implementation doof injunctions of Islam EMBODIED IN WAIVER of Right of Qasas Provided in Sub Sec (2) of Sec 309 Read with Sec, 311, 313 and Clause (K) of Sec 299 PPC. H. 5 14 Sh.P.No.2/I/2011 Sections 306(b)(c), F.B. P.H Fixit before the Full Bench as Syeda Viquar-un- 307(1)(b)(c), 309(1) and approved by Learning Registrar on Nisa Hashmi Vs 310(1) of Chapter 16 of 13-6-2011. Federal Pakistan Penal Code. Government of 1860 Relating to Qisas Pakistan and Diyat Law. FOR IMPLEMENTATION OF THE JUDGMENT SECTION 295-C, PPC 15. S.P.No.8/I/2007 Ilyas Masih Monem Vs. Federation of Pakistan. 16 Sh.Misc.App. No.9/I/2010 Tehrik Tahaffuze-Adlia Vs. Asif Ali Zardari President Islamic Republic of Pakistan and 2 others. (Hashmat Ali Habib Advocate Supreme Court in person 17. S.P.No. 3/I of 2004 Fazalur Rahman Rana. Vs. Govt of Pakistan. 18. For Implementation of the judgment dated 30.10.1990 for amendment in Section 295-C of Pakistan Penal Code. Passed in S.P.No.6/L of 1987. F.B. CONTEMPT OF COURT ACT Under Article F.B. 203(E)(3)/ Article 204 of the Constitution of Islamic Republic of Pakistan an Read with section 3 of the contempt of Court Act, for non implementation of Judgment dated 3010-1990. Section 172 (2) of the Code of Cr.P.C. F.B. P.A. Last Order dated 5-3-2009 case to N. come up at Islamabad after one month. Last Notice to Federal Government. P.H. Filed on 20-12-2010 IN S.P.NO.6/L/87 R.H. Last Order dated 14-04-2010. Adjourned Date In Office. Repeat Notices. SINDH RENTED PREMISES (AMENDMENT) ORDINANCE 1979 S.P.NO.4/I/1999 Section 3, 4(1) of 1984 F.B. H Last Order dated 18-9-2007. Mr. Capt.(R) Mukhtar Section 6 of the Sindh Arshad H.Lodi A.A.G. Sindh has Ahmad Shaikh Rented Premises filed statement that an appeal had Vs.Govt. of Sind Ordinance, 1979, been preferred before the Shariat (Amendment) Ordinance, appellate Bench of the Supreme 1979 and Sindh Rented Court of Pakistan against the Order Premises (Amendment) of this Court which is likely to be Ordinance, 1984. taken up by the Shariat appellate Bench in due Course of time and he will inform us about the development in the case. Adjourned this Shariat Petition sine die. 6 19. PUNJAB PRE-EMPTION ACT-1991 S.P.NO.33/L/1994 SECTION 34(2) OF F.B. H Muhammad PUNJAB PRE-EMPTION Younas Vs. ACT IX 1991 Province of Punjab etc. Adjourned dated in office 12-4-2010. L/W 20. S.P.No.16/L/1999 SECTION 13 OF PUNJAB Muhammad Tariq PRE-EMPTION ACT IX Etc. Vs. Province of 1991 Punjab (Sh.Misc.17/L/2000 Addl Ground, on behalf of Petitioner Sh.Misc.No.3/I/2007 For placing document in record. 21. S.P.NO. 5/I/2010 Tariq Mahmood Vs. Government of Pakistan etc 22. PUNJAB PRE-EMPTION F.B. P.H. Last Order dated 18-10-2010, ACT IX 1991. Adjourned dated in office. Judgment in respect of Pre-Emption suit passed by Muhammad Shafi Additional District Judge, Gujjar Khan. Representation of People Act, 1976 Amendment Act, No.IX of 1991 S.P.No.28/I/1992 Section F.B. R.H. Sine die vide order at 12-9-2007 Habib - ul- Wahab 5,6,7,13,14,15,16,17,18,2 due to pending before Hon’ble Al-Khairy, Adv. 0 and 23 of Supreme court Shariat Appellate Vs. Federation of Representation of Bench. Accordingly, this Shariat Pakistan & People Act, 1976 petition Adjourned sine die. another. Amendment Act, No.IX of 1991. 7 23. 24. 25. Muslim Personal Law (Shariat) Act (Amendment) Ordinance XIII of 1983 Sh.P.No.19/I/1998 Section 2-A West F.B. R.H. Last Order dated 19-10-2010. Mst. Sakina Bibi Pakistan Muslim Adjourned date in office. etc Personal Law (shariat) Vs Act (Amendment) Government of Ordinance Punjab XIII of 1983. MUSLIM MARRIAGES ACT 1939 Sh.P.No.19/I/1997 Section 2(IX) of F.B. Mehboob Ahmed dissolution Muslim Vs Marriages Act, 1939. Government of Pakistan S.P.No. 3/I/2001 Dr.Ali Sajid Vs. Federation of Pakistan. Section 2 of Dissolution of Muslim Marriage Act, 1939. L.B. R.H. Last Order dated 19-10-2010. Adjourned date in office on request of Assistant Advocate General Baluchistan. Office is directed to supply the copy of the Shariat Petition A.A.G. Baluchistan. R.H. Last Order dated 2-4-2009. Adjourned date in office. The matter be fixed at Islamabad. 8 MUSLIM FAMILY LAWS ORDINANCE, 1961. Section 4 of the Muslim F.B. P.H. Last Order dated 25-8-2008. Issue Family Laws Ordinance, Notice subject to be decided before 1961. the Hon’ble supreme Court Sine Die. 26. S.P.NO.5/I/2007 GHULAM MUHAMMAD VS. FEDERATION OF PAKISTAN & ANOTHER 26A S.P.NO.1/I/2009 MUHAMMAD TARIQ VS. FEDERATION OF PAKISTAN ETC. Section 4 of the Muslim Family Laws Ordinance, 1961 F.B. P.H. Last Order dated 19-3-2009, Adjourned date in office. 27 Sh.P.No.5/I/2011 Khawar Iqbal Vs. Federation of Pakistan Section 8 of the Muslim Family Law Ordinance, 1961. F.B. P.H. Be fixed before F.B. as approved by the Hon’ble Chief Justice on 27-10-2011. 28. Sh.P.No.6/I/2010 Muhammad Shah and another Vs The State Tajdeed-e-Nikah In respect of Tajdeed-eNikah and offer and acceptance of Remarriage F.B. R.H Last Order dated 26-10-2010. The issues were stroked by this Court. The Juris-consults were requested to assist this Court on those issues. Prof. Dr.Muhammad Taufail Hashmi and Ms. Syeda Viqar-unNisa Hasmi, Advocate have submitted that a copy of these issues stroked by this court be given to them so that comments can be filed in this Court. Let a copy of these issues be sent to all the Juris-consults. The juris-consults have requested for one month’s time to prepare the case. 9 29. S.P.No.1/I /2006 Dr. Muhammad Aslam Khaki Vs. Federation of Pakistan through M/O Justice, Islamabad. OFFENCE OF ZINA Section 2 (d), 8, 10, 11, L.B. 12, 13, 14, 15, 16 of the Offence of Zina (EOH) Ordinance, 1979. H. Last Order dated 2-4-2009. Nemo for the Petitioner Heard Dr. M. Tufail Juris-consult Adjourned date in office. PAKISTAN ARMY Act 30. S.P.NO.3/I/2008 Col(R) Muhammad Akram Vs. Federation of Pakistan through Ministry of Defence, Rawalpindi. Provisions of Pakistan F.B. Army Regulations (Rule) 269-A,Sub-rule”c”,and the parallel Provisions, if any, of Pakistan Navy and Pakistan Air Force. Regarding Dismissal/Premature Retirement P.A. N. Last Order dated 18-3-2009. Adjourned date in office. 31. S. P No.4/I/2008 Col(Retd)Muham mad Akram. Vs. Federation of Pakistan through Ministry of Defence, Rawalpindi. Army Regulation(Rules, 133,149 and2004)A.R (Rules) 133Clause ‘Q’ ‘R’ and ‘u’ and the parallel Rules of Pakistan Navy and Pakistan Air Force. P.A. N. Last Order dated 18-3-2009. Adjourned date in office. F.B. 10 32. S. P. No.6/I/2008 Col (Retd) Muhammad Akram. Vs. Federation of Pakistan through Ministry of Defense, Rawalpindi. Cantt Pakistan Army Act and the Rules Made there under:- Section 88,99,62, 136,101,127,128,86,98,2 3,Rules 90 to 116,1 Pakistan Navy Ordinance and the Rules made there under:- Section 95,102,97,Rule,51,68,69. Pakistan Air Force Act and the Rules made there under: Section 108, 114, 81, 82, 83,84, Rules 47,48, 49,56. F.B. P.A. N. Last Order dated 18-3-2009. Adjourned date in office. 33. S.P. No.7/I/2008 Col ( Retd) Muhammad Akram. Vs. Federation of Pakistan through M/O Defence, RWP. Sections 65 (1) (b) 65 (2) (b) and 66 of Pakistan Army Act, Section 82 (b) and 84. Pakistan Navy Ordinance. Section 90 (b) 91 (b) & 93. Pakistan Air Force Act F.B. P.A. N. Last Order dated 18-3-2009. Adjourned date in office. 34 S. P .No.8/I/2008 Col (Retd) Muhammad Akram. Vs. Federation of Pakistan through Ministry of Defence, Rawalpindi. Cantt With holding Announcement of findings and sentence recorded by the Courts of Martial, Convened under Pakistan Army Act. The Federal Government , Ministry of Deence be asked to make in the Rules, made under Pakistan Army Act, on lines as are con- tained in Pakistan Navy Ordinance Rules and Pakistan Air Force Act Rules and Ministry of Defence be asked to issue directions, pending required amendment in the Rules. Colonization Act. F.B. P.A. N. Last Order dated 18-3-2009. Adjourned date in office. 11 35. S.P.No.9/I/2008 Col.M.Akram Vs. Federation of Pakistan 36. S.P.No.1/I/2004 Wapda Vs. Federation of Pakistan etc. (Mr. Muhammad Ashraf Sheikh, Adv. For Petitioner) 36A S.P.No.4/L/2003 Wapda Vs. Province of Punjab etc. Section 28, 34 of the Land Acquisition Act, 1894. S.P.NO.6/L/2003 Wapda & another Vs. The Government of Punjab & another Section 28, 34 of the Land Acquisition Act, 1894. S.P.No.9/L/2003 Wapda and another Vs. Province of Punjab etc. Section 28, 34 of the Land Acquisition Act, 1894 36B 36C Regarding Right of appeal F.B. in Army, Navy and Air Force Last Order dated 18-3-2009. Adjourned date in office. LAND ACQUISITION ACT, 1894, LAND REVENUE ACT, 1967 Section 28, 32, 33, 34 of L.B. P.A. Last Order dated 9-3-2009, Mr. the Land Acquisition Act, H.J N. Tariq Ali appears for the Federal 1894. Government and request time for filing comments. F.B. H. Last Order dated 22-4-2009. Adjourned date in office. F.B. H. Last Order dated 22-4-2009. Adjourned date in office. F.B. H. Last Order dated 22-4-2009. Adjourned date in office. (To be heard alongwith similar Petitions Vide order dated: 26-2-2007) (To be heard alongwith similar Petitions Vide order dated: 26-2-2007) (To be heard alongwith similar Petitions Vide order dated: 26-2-2007) 12 36D 37. 38. S.P.No.2/L/2004 Tehsil Municipal Administration Kasur Vs. Federation of Pakistan etc. Interest Act, 1839 and Saving Act, 1873. Under section 28 and 34 of the land acquisition Act, 1894. F.B. H. Last Order dated 22-4-2009. Adjourned date in office. (Taken up alongwith them Vide order 7-3-2007). CMLA, Pakistan, No.64, West Pakistan Land Reforms Regulation, 1959. Land Reforms Act No. II of 1977. S.P.NO.2/I/2010 i. Martial Law F.B. R.H. Last Order dated 25-10-2010. Mst. Maroofa Vs. Regulations by CMLA, Adjourned to date in office. Last Federation of Pakistan, No.64, West Letter 29-10-2010. Pakistan Pakistan Land Reforms Regulation (Government of Pakistan, Notification No.181/59, dated: 7th February 1959 Gazette of Pakistan Extraordinary, 3rd March 1959). ii. Land Reforms Act No. II of 1977, dated: 9th January, 1977 S.P.NO.4/L/1994 Sh. Farooq Ahmed Vs. Federation of Pakistan L.W. FRONTIER CRIMES REGULATION Section 8 of the F.C.R. L.B. R.H. Last Order dated 4-9-2008. 1901. Adjourned date in office. (Same order to be heard alongwith S.P.No.14/I of 1994 Islamabad) 38A Sh.Misc.No.144/L OF 1994 Sheikh Farooq Ahmed Vs. Federation of Pakistan Section 8 of the F.C.R. 1901. 39. S.P.No.14/I/1994 Haji Rasool Sahib & others Vs. Govt. of NWFP etc. (Mr. Javed A. Khan Adv. For Petitioner) Section 8 of the F.C.R. 1901. L.B. R.H. Last Order dated 4-9-2008. Adjourned date in office. 13 40. 41. 42. S.P.No.17/I/1998 Muhammad Jan & others Vs. Govt. of Pakistan etc. (Mr. Muhammad Iqbal Khan Mehmand Adv. For petitioners) L.W. SH.MISC.NO.10/I of 1999 & SH.MISC.NO. 1/I/2008 S.P.NO.2/P/2000 Said Hasan etc. Vs. Govt. of Pakistan (Mr. Muhammad Iqbal Khan Mehmand Adv. for petitioners) Section L.B. 8,11,22,23,26,30,32,33,34 ,36 and 40 of F.C.R. 1901. S.P.No.3/P/2000 Alongwith Mukamal Shah Vs Govt. of Pakistan Section 8,11,12, 22,23, & 40 of F.C.R.1901 Sh.Misc.51/I of 2002 R.H. Last Order dated 4-9-2008. Adjourned date in office. Application for amended petition. Section 8 of the F.C.R. 1901. L.B. Request for no more action is required. R.H. Last Order dated 4-9-2008. Adjourned date in office. (To be heard alongwith 14/I of 1994 L/W 17/I of 1998 (at Islamabad) Vide order dated:1-6-2000 L.B. (To be heard alongwith 14/I of 1994 L/W 17/I of 1998 (at Islamabad) Vide order dated:12-10-2000 R.H. PART HEARD 4-9-2008 Application for conversion of Shariat Petition into Criminal appeal. 43. S.P.No.3/I/2000 Masl Khan etc. Vs. Tribal F.C.R. etc Section 8 of the F.C.R. 1901. L.B. R.H. PART HEARD 4-9-2008 44. S.P.N0.6/I/2000 Taj Muhmmad alias Taja Vs. Govt. of Pakistan & others (Dr. M. Aslam Khaki, Adv. for Petitioner). Section 21,22 & 31 of F.C.R.1901 L.B. R.H. Last Order dated 4-9-2008. Adjourned date in office. 14 45. S.P.No.4/I/2000 Section 8 of the F.C.R. Rahimullah Vs. 1901. Federal Govt. through Secretary M/O Law ( Mr. Muhammad Iqbal Khan Mehmand Adv. for petitioners) L.B. R.H. Last Order dated 4-9-2008. Adjourned date in office. 46. S.P.NO.1/P/2001 Daulat Khan Vs. Govt. of Pakistan & others (Hayatullah Khan Adv. for petitioner) Section 8 of the F.C.R. 1901. L.B. R.H. Last Order dated 4-9-2008. Adjourned date in office. 47. S.P.NO.4/I/2001 Bedar Khan Vs. Member Tribunal FCR.etc. ( Mr. Muhammad Iqbal Khan Adv. for petitioner) Section 8 of the F.C.R. 1901. L.B. R.H. Last Order dated 4-9-2008. Adjourned date in office. 48 S.P.No.7/I/2004 Sahib Jan Vs Member Tribunal FCR etc. Section 8 of the F.C.R. 1901. L.B. R.H. Last Order dated 4-9-2008. Adjourned date in office. 49. S.P.No.6/I/2001 Qiamat Gul etc. Vs. Federation of Pakistan (Mr.Abdul Rehman Siddiqui Adv. for Petitioner) Section 8 of the F.C.R. 1901. L.B. R.H. Last Order dated 4-9-2008. Adjourned date in office. 15 50. S.P.No.9/I/2001 Haji Shaukat Khan Vs. Federation of Pakistan (Mr. Muhammad Iqbal Khan Mehmand Adv. for petitioner) Section 8 of the F.C.R. 1901. L.B. R.H. Last Order dated 4-9-2008. Adjourned date in office. 51. S.P.No.6/I/2003 H.Wilayat Khan Vs. Govt. of Pakistan & others L.W Sh.Misc.No. 17/I/2003 Section 8, 11, 22,23,26,30,32,33,36 & 40 of Frontier Crimes Regulation 1901. L.B. R.H. Last Order dated 4-9-2008. Adjourned date in office. 52. S.P.No.1/P/2004 Mian Abdul Rehman Vs. Govt. of Pakistan & others (Mr.Abdul Qayyum Sarwar, Adv. for petitioner). Alongwith Sh.Misc:No.76/I OF 2004 Section 8 of the F.C.R. 1901. L.B. R.H. Last Order dated 4-9-2008. Adjourned date in office. F.B. P.H. Last Order dated 18-10-2010, the learner counsel for the Petitioner wants to make amendment in this Petition. Let him do so through proper Application adjourned to date in office. (To be heard alongwith similar Petition Vide order dated:12-2-2007 Sh.Misc:No.77/I OF 2004 53. S.P.NO.1/P/2009 Shah Muhammad Vs. Federation of Pakistan etc. FCR, 1901 16 54. 55. 56. 57. 58. S.P.No.7/I/2010 Taza Khan Vs Government of Khyber pakhtoon kwa etc. Land dispute FCR, F.B. Punjab Tenancy Act, 1887 Sh.P.No.19/I/92 Punjab Tenancy Act (XVI) F.B. Ghulam Haider 1887 XXVI1925, Khan etc S.S.M.5/NWFP/84 (XX) Vs 1950, S.S.M.12/S/1984. Government of Punjab S.P.NO.5/I/2002 Haji Sarfraz Khan Vs. Govt. of NWFP etc. Sub Section (VIII) of Section 2 of the NWFP Tenancy Act, 1950. F.B. The Cantonment Act, 1924 S.P.NO.52/I/1992 Section 13-A, 15-B, and F.B. Fazal Ellahi 25 of the Cantonment Act, Siddiqui Vs. 1924. Federation of Pakistan S.P.NO.3/I/2009 Dr. M. Aslam Khaki Vs. Federation of Pakistan etc. Accused persons Act, 1973 Section 2 of the Removal L.B. of Accused Persons Act, 1973. P.H. Filed on 3-12-2010. R.H. Last Order dated 25-10-2010. The office is directed to inform Mr. Abid Hussain Minto to Senior Advocate Supreme Court of Pakistan, and former president of Supreme Court Bar Association, to assist this Court on the issue involved in this case. Adjourned to a date on office. Letter sent on 29-10-2010. R.H. Last Order dated 04-05-2010. Part head. Adjourned date in office fixed for 25-10-2010. List canceled Adjourned. R.H. Last Order dated 17-3-2009 to be fixed after two months. Request general Adjournment for two months. P.H. Last Order dated 26-08-2009. Notice to the Federation and anothers. 17 59. S.P.NO.4/L/2001 Sheikh Aftab Ahmad Vs. Government of Pakistan. 60. Sh.P.No.1/I/2002 Zahida Haq Vs Government of Pakistan 61. Shariat Petition No.1/L/2008 Mst. Shaista Yasmeen and anthers Vs Federation of Pakistan and anothers 62. S.P.No.11/I/1989 Mushtaq Hussain Shah Vs. WAPDA LAW RELATING TO INSURANCE/RECOVERY OF INTEREST/RIBA Under Sub. Section (3) of F.B. R.H. Last Order dated 22-4-2009. At the Section 18 Financial request adjourned date in office at Institutions (Recovery of Karachi. (Adjourned order Ordinance No. XLVI, according) 2001). Challenging Section 10 of F.B. R.H. Last Order dated 18-10-2010, this the Financial Institution Petition should be fixed before ns (Recovery of Finances) some other bench when available. Ordinance, 2001. HBFC ACT, XVIII of 1952. Sections 24 Sub-section F.B. (6) and (8) of the Housing Building Finance Corporation Act XVIII of 1952. Against Compulsory deduction of Premium for Group Insurance. F.B. H Last Order dated 30-4-2010. These Courts has our jurisdiction to provide interim relief to an aggrieved individual. Let the case be fixed alongwith other cases after the respondents have file the written statements. H Sine die due to pendency of appeal before Hon’ble Supreme Court of Pakistan. 18 63. 64. S.P.No.59/I/1992 Roshan Din Roshan Vs. Govt. of Pakistan etc. L.W S.S.M.No. 13/I/1992 Pakistan Bar Council Act, 1973. Section 61 (2) (C) of the F.B. R.H. To be heard alongwith Interest Pakistan Bar Council Act, matters 30-5-2007. 1973. 65. S.S.M.No. 5/I/1991 The Insurance Act, 1938. F.B. P.H. To be heard alongwith Interest matters 30-5-2007. 66. S.S.M.No. 2/I/1992 The War Injuries F.B. (Compensation Insurance Act, 1943. P.H. To be heard alongwith Interest matters 30-5-2007. 67. S.S.M.No. 3/I/1992 The Riots and Civil Commotion Risks Insurance Ordinance, 1947 F.B. P.H. To be heard alongwith Interest matters 30-5-2007. 68. S.S.M.No. 4/I/1992 The Pakistan Insurance Corporation Act, 1952 F.B. P.H. To be heard alongwith Interest matters 30-5-2007. 69. S.S.M.No. 5/I/1992 The Employees Social Insurance Ordinance, 1962 F.B. P.H. To be heard alongwith Interest matters 30-5-2007. 19 70. S.S.M.No. 6/I/1992 The War Risks Insurance Ordinance, 1965 F.B. P.H. To be heard alongwith Interest matters 30-5-2007. 71. S.S.M.No. 7/I/1992 The Federal Employees Benevolent and Group Insurance, Act,1969 F.B. P.H. To be heard alongwith Interest matters 30-5-2007. 72. S.S.M.No. 8/I/1992 The War Risks Insurance Ordinance, 1971 F.B. P.H. To be heard alongwith Interest matters 30-5-2007. 73. S.S.M.No. 9/I/1992 The Life Insurance (Nationalization) Ordinance, 1972 F.B. P.H. To be heard alongwith Interest matters 30-5-2007. 74. S.S.M.No. 10/I/1992 The Employees Old Age Benefits Act, 1976 F.B. P.H. To be heard alongwith Interest matters 30-5-2007. 75. S.S.M.No. 11/I/1992 The National Insurance Corporation Act.1976 F.B. P.H. To be heard alongwith Interest matters 30-5-2007. 20 76. S.P.NO.7/I/1992 Abdur Rehman Siidiqui & other Vs. Federation of Pakistan NATIONAL SAVINGS MATTERS Rules 6,7,8,9.10.11 and F.B. 12 Special Savings Certificate Rules, 1990 R.H. Last Order dated 30-5-2007. Adjourned date in office. L/W 77. S.P.NO.8/I/1992. Abdur Rehman Siddinqui & another Vs. Federation of Pakistan. L/w Rules 44, 44-A,45, 46 and 47 of Defense savings Certificates Rules, 1966. F.B. R.H. Last Order dated 30-5-2007. Adjourned date in office. 78. S.P.NO.9/I/1992. Abdur Rehman Siddiqui & another Vs. Federation of Pakistan Rules 9 of Mahana Amdani Account Rules, 1983. F.B. R.H. Last Order dated 30-5-2007. Adjourned date in office. 79. SH.MISC.No.7/L of 2004 In Sh.P.No.4/L of 2004 United Bank Limited Vs. M/S. Farooq and others IN Sh.P.No.30/L/91 Application for early hearing (Riba Case). F.B. H NIL Application for early hearing 80. SH.MISC.No.8/I of 2007 Syed Muhammad Baqir Ali Gilani Vs. Govt. of Pakistan Alongwith Sh.P.No.30/I/90 INTEREST /RIBA. Quashment of Un-Islamic Law Proceeding on LoanLiabilities Riba. F.B. H. NIL 81. S.P.No.4/I/2003 Iqtidar Ahmed Bhatti Vs Federation of Pakistan Challenging the Interest/Riba F.B. P.H. To be heard alongwith, Shariat Petition 30/I of 1991. (Interest). (Remanded Case). 21 82. Sh.Misc.No.1/I of 2010 Abdul Wadood Khan IN S.P.No.30/L of 1991 Riba Case 83. Sh.Misc.No.2/I of 2010 Sayyad Mahmud Ali IN S.P.No.30/L of 1991 84. S.P.No.5/I/2004 Abdul Qadous Vs. The State & Ghulam Hussain 85. F.B. P.H. (Want Self Hearing) Riba Case (Application for including him as a party) (118-Riba Matters) are pending after remanding by Hon. Supreme Court Vide order dated: 24-6-2002 F.B. P.H. (For Party)In Riba matters. Application for early hearing. Remanded by the Hon. Supreme Court. Section 34-C.P.C. F.B. P.H. To be heard with interest matters Last Court Order on 15-12-2004. (Application for permission to pertake in the proceedings). CRIMINAL LAW AMMENDMENT PROTECTION OF WOMEN ACT 2006 S.P.No.9/I of CRIMINAL LAW F.B. R.H. Heard Adjourned date in office 2004 AMMENDMENT 19-4-2010 Shahid Orakzai PROTECTION OF Dated 7-9 -2010 Judgment Vs. WOMEN ACT 2006 Reserved. Re-Hearing fixed on 2311-2010. Government of Dated by Court. Pakistan. Separated from three other petitions which were disposed of 23-11-2010. 22 86. 87. APPLICATION FOR IMPLIMENTATION OF JUDGMENT FEDERAL SHARIAT COURT DATED:7-5-2008 SH.MISC.NO.3/I/ MISC A. Execution of F.B. P.H. A request for implementation of 2009 Judgment M.L.O. NO.425 judgment dated 7-5-2008. IN AND 107. Last Order dated 11-5-2010. The S.P.No.43/I/1992 representative Board of Revenue is Tariq Mahboob present who accepted notice and etc. Vs, Govt.of request fort time to give reply. By Pakistan consent the case was Adjourned to 28-5-2010. The respondent/ representative Board of Revenue to submit reply on Or before the said date. The Argument will be heard on 28-5-2010. The case fixed on 28-5-2010. Notice issued but the Hon’ble Judge Mehmood Ahmed Ghazi (HJexpired) leave, the board discharged. SH.MISC.NO.4/I of 2009 IN S.P.No.67/I/1992 Salar Sufi Haji Abdul Ghani Vs Govt.of Pakistan & Another MISC A. Execution of Judgment M.L.O. NO.425 AND 107. F.B. P.H. A request for implementation of judgment dated 7-5-2008. Last Order dated 11-5-2010. The representative Board of Revenue is present who accepted notice and request fort time to give reply. By consent the case was Adjourned to 28-5-2010. The respondent/ representative Board of Revenue to submit reply on Or before the said date. The Argument will be heard on 28-5-2010. The case fixed on 28-5-2010. Notice issued but the Hon’ble Judge Mehmood Ahmed Ghazi (HJexpired) leave, the board discharged. 23 88. SH.MISC.NO.5/I MISC A. Execution of of 2009, Judgment M.L.O. NO.425 Mrs. Zainab AND 107. Akhtar Vs Govt.of Pakistan IN S.P.NO.29/I/1992 F.B. P.H. A request for implementation of judgment dated 7-5-2008. Last Order dated 11-5-2010. The representative Board of Revenue is present who accepted notice and request fort time to give reply. By consent the case was Adjourned to 28-5-2010. The respondent/ representative Board of Revenue to submit reply on Or before the said date. The Argument will be heard on 28-5-2010. The case fixed on 28-5-2010. Notice issued but the Hon’ble Judge Mehmood Ahmed Ghazi (HJexpired) leave, the board discharged. Punjab Waqf Properties Ordinance IV, 1979. 89. 90. S.P.No.2/I/2008 HUSNAIN KHURSHID VS. GOVT. OF PAKISTAN S.P.No.4/I/2010 Qari Muhammad Haroon Advocate In Person Section 7 and 11 of Punjab Waqf Properties Ordinance IV, of 1979. F.B. RE STORE 13.05.2010 at Islamabad, 9-06-2010 at Quetta, 5-7-2010 at Islamabad, Misc application disposed of. Adjourned date in office. Restored petition. Public notice issued. Last Order dated 258-2010. Impleaded as party. (Last Court Order on 6-7-2010 after summer vacation Immediately. Qanoon-e-Shahadat Order 1984 Articles 17(2) and Article F.B. R.H. Last Order dated 06-07-2010. 163 (1) of Qanoon-ePetition is admitted for regular Shahadat Order 1984. hearing, let notice be issued to the Federal Government for a date immediately after summer vacation. Letter sent on 9-7-2010. 24 House Rent Allowance to Husband/Wife Sh.P.No.6/I/1994 In this petition the F.B. R.H. Last Order dated 18-10-2010. Dr. Mehmood-ur- petitioner has challenging Restored on 6-7-2010. Adjourned Rehman Faisal Para (ii) of Office date in office. Letter sent on 25-10Vs Memorandum No. 5(ii) 2010. Government of Imp (i) 73 dated 20-11Pakistan 19974 and office L/W Memorandum No, F 2(1)91S.P.No.8/I/1994 R-%/91 dated 25-8-1991 A Javed Iqbal regarding admissibility of Vs the house rent allowance 91Federation of to married Government B Pakistan servant either of the L/W husband/wife has been S.P.No.12/I/1994 provided with Govt. Ch.Munir sadiq accommodation . Vs Government of Pakistan L/w 91- Sh.Misc.A.No.69/I Husband and Wife are C of 1994 not allowed house rent Dr. Iftikhar allowance at six station. Ahmed Vs Government of Pakistan O.M.No.F. 2(3)2003-Policy dated: 31-7-2004, Both husband and wife not allowed HOUSE RENT. 91S.P.No.8/I/2004 Challenging O.M.No.F. F.B. R.H. Last Order dated 19-10-2010. D Prof. Kazim 2(3)2003-Policy dated Adjourned date in office. Hussain etc 31-7-2004. Issued by Restored on 6-7-2010. Vs Ministry of Law. Government of Pakistan 91 92. 92A S.P.No.14/I/1997 Capt.(Ret) Muhktar Ahmed Sheikh Vs The State L/w S.P.No.53/I/1991 Ch. Irshad Ahmed Vs. Federation of Pakistan REVISED LEAVE RULES, 1980 Challenging Revised F.B. R.H. Last Order dated 19-10-2010, Leave Rules, 1980. Restored on 6-7-2010 repeat notice to the petitioner as well as to Federal Government. This Petition should be taken along with Shariat Petition No. 53/I/1991. (Restored) Sub-Rule (3) of Rules 16 of the Revised leaves Rules 1980. Added by Notification dated 30-51991 of the Govt. of Pakistan (Finance Division). Last Order dated 19-10-2010, Restored on 6-7-2010. This Petition be restored to its original number and it shall be deemed to be pending. It may be fixed in due course of time. Notice be sent to the parties also issued. Letter sent on 6-7-2010. (Restored) 25 93. 94. 95. 96. RAWAJ NAMA BANDOBAST-E-QANOONI DISTRICT HAZARA PROMULGATED ON 17-4-1869 S.P.No.1/I/1999 Challenging Riwaj Nama F.B. R.H. Last Order dated 18-10-2010 Ghulam Rabbani Bandobast-e-Qanooni Adjourned dated in office. etc District Hazara Restored on 6-7-2010. Vs Promulgated on Government of N 17-4-1869. WFP etc LIMITATION ACT, 1908 & EASEMENT ACT, 1882 S.P.No.8/I/2001 Challenging Section 26 of F.B. R.H. Last Order dated 18-10-2010, Fazal Akbar Khan the Limitation Act, 1908, Adjourned date in office. Vs Section 15 of the Restored on 6-7-2010. Federation of Easement Act, 1882. Pakistan S.P.No.1/Q/2010 Molvi Muhammad Ishaq Vs. Deputy Commissioner Naseer Abad etc. S.P.No.8/L/1994 Rana Zahoor-ulHaq Vs Chairman Sate Life Insurance Corporation and Five others Court Fee Act And Limitation Act, 1908 IN TOTO i. Court Fee Act. F.B. R.H. Last Order dated 26-10-2010. ii. Limitation In-Toto Adjourned date in office. 1908. 1. S.S.M.No.259/NWFP/84 2. S.S.M.No.74/P/83 3. S.P.No.28/I/1990 Dr.Mehmood-ur-Rehman Faisal Vs. Secretary Ministry of Law & Justice etc. Disposed of, on 27-51991 (PLD 1992 , FSC-95) Industrial Relations Ordinance, 1969 Challenging Section 25(A) F.B. R.H. Last Order dated 18-10-2010, of Industrial Relations Restored on 6-7-2010. Ordinance, 1969. Petitioner expired. The entire Shariat Petition, regarding limitation Act, should be heard together. Adjourned. 26 97. S.P.No.6/I/2006 Qasim Hassan Buki and others Vs Federation of Pakistan 98. S.P.No.4/I/1995 M.Kowkab Iqbal etc Vs. Government of Pakistan 99. 100 . National Accountability Bureau Ordinance, 1999 Challenging section 10, F.B. R.H. Last Order dated 18-10-2010 11 and 12 of National Adjourned date in office. Accountability Bureau Restored on 6-7-2010. Repeat Ordinance, 1999. Notices. PENSION O.M.No.F.1 (9)/Imp./94, dt.26-3-1994 and O.M.No.F.1 (2)/Imp./94, date 15-6-1994 issued by Finance Division. F.B. F.O. Last Order dated 18-10-2010. Adjourned to date in office. Order for Restoration Deceased Sons and Daughter and Consequently Mutation No.227 dt.1.4.2003 S.P.No.2/L/2003 Challenging respondent F.B. P.H. Last Order dated 19-10-2010, Muhammad no.1 to 5 being deceased restored 6-7-2010, learned Counsel Shahid Farid etc sons and daughter and for the petitioner stated that the Vs. consequently mutation appeal decided Allah Rakha Muhammad no.227 dt.1.4.2003. another vs. The Federation of Nadeem etc Pakistan and others is in appeal before the Hon’ble Supreme court Requested this case may be kept pending till the decision of the matter under appeal. Learned Counsel has been directed to inform the office as and when case is decided. Adjourned. Declaration the Judl Protocol dt.17.11.2003 implemented by Hon’ble C.J of LHC S.P.No.7/L/2006 Challenging Declaration F.B. P.H. Last Order dated 19-10-2010, Sajjad Ahmed the Judl Protocol Restored on 6-7-2010. Adjourned Rana Vs. dt.17.11.2003 date in office. Government of implemented by Hon’ble Pakistan & C.J of LHC another 27 101 102 Mosque and Madrissa buit on a land acquired by illegal and Un-justified manner is illegal S.P.No.2/L/2005 Challenging Mosque and F.B. P.H. Last Order dated 19-10-2010, Muhammad Madrissa buit on a land Restored on 6-7-2010. Saeed acquired by illegal and Counsel for Petitioner has expired Vs Un-justified manner is Repeat notice to Petitioner heirs. Qari M.Nazir Saad illegal. etc S.P.No.2/L/2008 Ambrin Tariq Awan Vs. Govt. of Pakistan. NADRA ORDINANCE, 2000 Section 8 & 21 of National F.B. R.H. Last Order dated 9-7-2010. The Date Base Registration Court has been pleased to order the Authority Ordinance, officer who also submitted the 2000 alongwith Rules policy which has been sent to the Made under the same. Ministry of Interior for approval. Let these documents as well as the list of issues be placed on record. GUARDIAN AND WARDS ACT, 1890 Section 7, 17, 27, of F.B. R.H. Last Order dated 9-7-2010. List of Guardian and Wards Act, placed on record to be fixed rules 1890 with reference to placing relating to purport. Father as Natural Guardian. 103 S.P.No.3/L/2008 Ambrin Tariq Awan Vs. Govt. of Pakistan. 104 Sh.P.No.1/I/2011 Guardians and Wards Act F.B. P.H. Trial that the Shariat Petition by Ch.Muhammad and Articles 350 To 357 order of the Registrar dated Sadiq Vs of Muhammad Law By DF 2-4-2011. Govt. of Pakistan Multan To Injunctions of etc. Islam. ARTICLE 227 OF THE CONSTITUTION AND ISLAMIC IDIOLOGY PUBLICATION NO.60 & 79, UP TO 14 AUGUST, 1973 S.P.No.2/Q/2010 Article 22 Article 227 of F.B. R.H. Last Order dated 25-10-2010. Senator Maulana the Constitution of Adjourned date in office. The copy Muhammad khan Islamic Republic of of Performa of Council of Islamic Vs. Pakistan 1973, Part IX of ideology circulated. Letter dated Government of Constitution (Final 28-6-2010. Pakistan Report by Council of Islamic Idiology Publication No.60 & 79, up to 14 August, 1973 and Report from 1996 to 2006). INCOME TAX ORDINANCE,2001 AMENDED UP TO, 2009 S.P.No.8/I/2010 I. Section 53 of the 2nd F.B. P.H. Filed on 3-12-2010. Be as fixed Muhammad Schedule of its section before F.B. Approved by the Zulfiqar ali Khalil 39 of the income tax learned Registrar. Advocate ordinance 2001, Vs Amended up to 2009. Federation of II. Sales tax Act, 1990. Pakistan & Sections and vires of Others. General sales Tax. (petitioner in III. Service Rent person) IV. PTV Fees Imposed on utility bills on Masajids and Housed etc. 105 106 28 107 108 Conduct of General Elections Order, CEO No.7, Section 7, 2002. System of Elections. Sh.Misc.App.No. Conduct of General F.B. P.H. Approved by the Hon’ble Chief 1/I/2011 Elections Order, CEO Justice on 2-3-2011. Be fixed before Nazir Ahmed No.7, Section 7, 2002. availably Bench. On its trun. Khwaja System of Elections. Vs Federation of Pakistan ZAKAT AND USHER ORDINANCE, 1980 S.P.NO.24/I/1990 Section 1 sub Section 3 of L.B. R.H. Dr. Mehmood-ur- the Zakat & Usher Rehman Faisal Vs. Ordinance, 1980 Secretary M/O (Remanded by Supreme Law, Justice Court). Islamabad etc. (REMANDED BY SUPREME COURT DATED 13-6-1993) Last Order dated 7-4-2009. To come up at Islamabad on a date in office. 108 -A S.P.No.34/I/1990 Zia-ud-Din Ahmed Vs. Govt. of Pakistan Deduction Zakat on Deposits in the Bank. L.B. R.H. (REMANDED BY SUPREME COURT DATED 13-6-1993) Last Order dated 7-4-2009. To come up at Islamabad on a date in office. 108 -B S.P.No.38/I/1990 Sh.Muhmmad Hanif Vs. Govt. of Pakistan Proposals in Zakat Ordinance, 1980. L.B. R.H. (REMANDED BY SUPREME COURT DATED 13-6-1993) Last Order dated 7-4-2009. To come up at Islamabad on a date in office. 108 -C S.P.No.44/I/1990 Allah Ditta Vs. Government of Pakistan Against Deduction of Zakat. L.B. R.H. (REMANDED BY SUPREME COURT DATED 13-6-1993) Last Order dated 7-4-2009. To come up at Islamabad on a date in office. 29 108 -D S.P.No.45/I/1990 Raja Muhammad Afsar Khan Vs. Federal of Pakistan Section 3, 13, (4), 18, 19, L.B. First schedule and second schedule of Zakat Ordinance. R.H. (REMANDED BY SUPREME COURT DATED 13-6-1993) Last Order dated 7-4-2009. To come up at Islamabad on a date in office. 108 -E Sh.Reference No.1/I/1991 Administrator General Zakat Vs. Muhammad Arif etc. Reference under section 1, sub-section 3-A of the Zakat & Usher Ordinance, 1980 (No.VXIII of 1980) L.B. R.H. Last Order dated 7-4-2009. To come up at Islamabad on a date in office. 108 -F Sh. Reference No.2/I/1991 Administrator General Zakat Vs. Miss Farzana etc. Reference under section 1, sub-section 3-A of the Zakat & Usher Ordinance, 1980 (No. VXIII of 1980) L.B. R.H. Last Order dated 7-4-2009. To come up at Islamabad on a date in office. 108 -G S.P.No.9/I/1994 Dr. Mehmood-urRehman Faisal Vs. Govt. of Pakistan Sections 2 (VIII), 2 (XVA) and 2 (XXXIII) a to g 3(1) 3(5) 8, 24, 1st schedule and 2nd schedule and Usher Ordinance, 1980. L.B. R.H. Last Order dated 7-4-2009. To come up at Islamabad on a date in office. 108 -H Sh.Misc.App.No. 14/I/1996 Muhammad Jan Vs. The State Against deduction of Zakat by Bank. L.B. R.H. Last Order dated 7-4-2009. To come up at Islamabad on a date in office. 108 -I S.P.No.2/I/2004 Abdul Hafeez Khokhar Vs. Federal of Pakistan Section 8 of the Zakat and Usher Ordinance, 1980. L.B. Last Order dated 25-1-2007. It is reported by Senior Research Adviser that the petitioner has died. However, in view of the fact that similar petitions are pending, this petition is adjourned sine die. 30 108 -J S.P.No.1/K/1993 Malik Muhmmad Usman Vs. Government of Pakistan Schedule No.2 of Zakat & Usher Ordinance, 1980 (No. XVIII of 1980) (To be heard alongwith S.P.No.24/I of 1990 Vide order 21-12-1993. The S.P.No.24/I/1991 is Matter of Islamabad. L.B. R.H. Last Order dated 7-4-2009. To come up at Islamabad on a date in office. 108 -K S.P.No.2/K/1993 Malik Muhmmad Usman Vs. Govt.of Pakistan (To be heard with S.P.No.24/I/1990 Sec.3 (a) of Zakat & Usher Ordinance 1980 L.B. R.H. Last Order dated 7-4-2009. To come up at Islamabad on a date in office. S.P.No.3/I/2011 Ch.M.Aslam Ghuman Vs. Federation of Pakistan etc. Section 19(2) of the SECP Act 1997(Annex-B) as to be repugnant to the injunctions of Islam. F.B P.H File as approved by the Registrar on 17-6-2011. F.B P.H Application for early hearing approved for Chief Justice dated 18-10-2011. Sub-section 1& 3 of Section 208, Companies Ordinance, 1968. F.B P.H File as approved by the Hon’ble Chief Justice dated 16-7-2011 Application under section 151.C.P.C. for grant of an interim relief. F.B P.H File as approved by the Hon’ble Chief Justice dated 16-7-2011 Application for the early hearing. F.B P.H File as approved by the Hon’ble Chief Justice dated 16-7-2011 109 (Due to Matter of same nature fixed at Islamabad on 31-3-1998 LinkedWith 110 Sh.Misc.A.No.5/I of 2011 Ch.M.Aslam Ghuman Vs. Federation of Pakistan etc. 111 S.P.No.4/I/2011 U.S.Appeal and Textile (Pvt) Limited Vs Federation of Pakistan etc ALONGWITH Sh.M.A.No.2/I of 2011 U.S.Appeal and Textile (Pvt) Limited Vs Federation of Pakistan etc ALONGWITH Sh.M.A.No.3/I of 2011 U.S.Appeal and Textile (Pvt) Limited Vs Federation of Pakistan etc ALONGWITH 112 113 31 114 Sh.M.A.No.4/I of 2011 U.S.Appeal and Textile (Pvt) Limited Vs Federation of Pakistan etc Application for the withdrawn. F.B H.B File as approved by the Registrar dated 4-10-2011 REMANDED SHARIAT MATTER REGARDING INTEREST 118 ORDERS DATED 24-06- 2002 BY HON.SUPREME COURT OF PAKISTAN 1. Shariat Matter 118 Regarding Interest. L.B. 2. S.P.No.7/I/2005 Pakistan Cotton Ginner Association Vs Federal Govt. of Pakistan etc. Bye-Laws 45, 83,134,142,143,144,147, and other relevent Bye-Laws Karachi Cotton Ginner Association. F.B. Remanded from Hon; Supreme Court 24-6-2002. Judgment FSC; 14-11-1991 PLD; 1992, FSC Page-1. Judgment SC; 23-12-1999. PLD; 2000, SC Page-225-770. Judgment Review; 24-6-2000. PLD; 2002, SC Page-800. H REMANDED BY H.SC VIDE ORDER DT:21-4-2009 TO BE DECIDED WITHIN SIX MONTHS (File received on 04-01-2010) Fixed on 30-3-2010 Admit-Notice to respondent for date in 2nd week may 2010 Call for comments by 30-4-2010 Last date in office 18-10-2010. Notice be issued to the Juris-consults, Punjab and Sindh for a date in office, Note: - 118 Shariat Matters Remanded by the Hon. Supreme Court of Pakistan Regarding Interest dated: 24-6-2002 and regarding Pakistan Cotton Ginner dated 21-4-2009. Remand Matters, Total= 119 KARACHI 01 FATAL ACCIDENT ACT 1855 AND SEC.67-MOTOR ORD. 1965 S.P.NO.19/K OF 1993 Declare the Fatal Accident Act 1855 and File at Karachi. 32 Mr. Raja Haq Nawaz Advocate. 02. 03. 04. 05. 06. 07. 08. Sec.67-Motor Ord. 1965. Karachi Bus owners Association another Vs Federation of Pakistan. RECONCILIATION SEC. 10(3) AND 12(1) OF FAMILY COURT ACT.1964 S.P.NO.20/I OF 1999 Compromise & Reconciliation Sec. 10(3) File at Karachi. Mr.Zanoon Khan, Vs and 12(1) of Family Court Act.1964 Federation of Pakistan Family Law Muslim Personal Law out of Jurisdiction of Court order 203-B © of Constitution 1973 Pakistan ORDINANCE XXXV OF 2006 IN CRIMINAL PROCEDURE (SECOND AMENDMENT) ORD.2006. S.P.NO.1/K OF 2008 Amendment through Promulgation of File at Karachi. Mr.Zanoon Khan, Ordinance XXXV of 2006 in Criminal Vs Procedure (Second Amendment) Federation of Pakistan Ord.2006. AL-MEEZAN BANK MAY BE DECLARED AS “NORMAL BANK” INSTEAD OF “ISLAMIC BANK. S.P.NO.2/K OF 2008 Al-Meezan Bank may be declared as File at Karachi. Mr.Manzoor Ahmed “normal bank” instead of “Islamic Bank. Yousfani, Vs Federal Government THE BCD CIRCULAR NO.29 BE DECLARED DISCRIMINATORY UNJUST, UNLAWFUL S.P.NO.3/K OF 2008 The BCD Circular No.29 be declared F Last date of Hearing Mr.Shahid Hasan discriminatory unjust, unlawful and B 21-4-2009. In Person against the injunctions of Islam. Adjourned date in Vs office with direction State Bank of Pakistan to the government etc and respondent Banks to file their comments within four (4) weeks hereof, where after the matter may be fixed at Karachi. SUB-SECTION 4 OF SECTION 18 OF THE FINANCIAL INSTITUTION (RECOVERY OF FINANCE) ORDINANCE, 2001. S.P.NO.2/I OF 2009 Omitting sub-section 4 of section 18 of Mr. Mohammed the Financial Institution (Recovery of Zanoon, Vs Finance) Ordinance, 2001. Federation of Pakistan SERVICE TRIBUNALS ACT, 1973 (LXX of 1973). Review S.P.No.2/I/2000 Sect.3-A (2) (c) Sec.4 (1) (a) 6 & Sec.7 of Captain (R) Mukhtar Service Tribunals Act, 1973 (LXX of Ahmed Sheikh Vs. 1973). Federation of Pakistan (Petitioner in person) Sh.Misc.App,No. 1 /K/2011 Allah Ditto S/o Pir Bux, Vs The Federation of Pakistan etc. Nika over Nika Nika over Nika LAHORE File at Karachi. F. B. H HEARD Actually shall be fixed at Karachi. F. B. P. File at Karachi. H. 26-3-2011. Sent to Karachi on 2-4-2011 33 S.No 1. 2. 3. Shariat petition No/Name of Parties Shariat petition No.99/L/1991 Rana Muhammad Ilyas, Advocate Vs Govt. of Punjab. Law Challenged Remarks COLONIZATION OF GOVT. LANDS ACT, 1912 Section 10 of the Colonization of Larger Bench Matter. This Shariat Govt. lands Act, 1912 and the Petition came up for hearing before the Notification No. 2805-62/2363-3 Court on 14 times. It was lastly fixed for (G)III, dated 8-8-1962 and No. regular hearing before the Court on 074826-62/44192-S (G) III, dated 20- 04-2009 at Lahore and the Court was 10-1962 issued by the respondent pleased to direct that the petitioner may U/s. 10 of the Colonization of Govt. be supplied copy of S.P.No.24/I/1980 Land Act, 1912. which was dismissed by this Court in which Section 10 of the Colonization Government (Punjab) Lands Act, 1912 was examined. Punjab Colonies Department relating Tubewell Sinking Scheme Shariat petition (i)Para 3(vi) of Notification No. Larger Bench Matter. This Shariat No.34/L/1992 1054-C Lahore, dated 26.02.1952 Petition came up for hearing before the Ghulam issued by the Govt. of Punjab Court on 12-time. It was lastly fixed for Murtaza Colonies Department relating regular hearing before the Court on 07Lumbardar Vs. Tubewell Sinking Scheme 04-2009 at Lahore and the Court was Govt. of Punjab. (ii)Condition No.Col.16/2-56, dated pleased to direct that the petitioner may 23.9.1959 issued by the Revenue be supplied copy of S.P.No.24/I/1980 and Rehabilitation Department, which was dismissed by this Court in Govt. of Punjab. Relating to which was dismissed by this Court in statement of conditions of the which section 10 of the Colonization of grant of Tube well sinking Government (Punjab) Lands Act, 1912 conditions and the same conditions was examined. as contained in the Notification No. 7943-60/4608-C(G) issued by the Board of Revenue West Pakistan Lahore dated 18-6-1960 under Tubewell Sinking Scheme Condition No. ‘g’ and ‘h’ (i)(i) issued under section 10 of the Colonization of Govt. Lands Act, 1912. Punjab Undesirable Cooperative societies (Dissolution) Ordinance, 1992 Shariat petition Challenging Section 4, 12 and 13 of (Transferred and to Lahore vide Court No.23/L/1992 the Punjab Undesirable Co- Order dated 18-10-2010). Ch.Abdul operative societies (Dissolution) Majeed Ordinance, 1992. Vs Punjab and others Increase in Grass Pension to The Pensioners Retired On A Before 1-7-1986 34 4. 5. 6. 7. 8. 9. Shariat petition No.18/I/1998 Syed Ahmed Hussain Vs Government of Pakistan Challenging the Order of Finance (Transferred and to Lahore vide Court Division OM No.F 6(6)1Reg, (6)91 Order dated 18-10-2010). dated 13-6-1991 allowed increase in grass pension to the pensioners retired on a before 1-7-1986. PCO-I and Proclamation of Emergency issued by the Respondent No.2 on 14-10-1999 Shariat petition Challenging PCO-I and (Transferred and to Lahore vide Court No.7/L/2000 Proclamation of Emergency issued Order dated 18-10-2010). Pakistan by the Respondent No.2 on 14-10lawyer’s forum 1999 Vs Federation of Pakistan etc P-Order-1 of 2000 Oath of the Office (Judges) Order 2000 dated 25-1-2000 Shariat petition Challenging Order-1 of 2000 Oath (Transferred and to Lahore vide Court No.1/L/2001 of the Office (Judges) Order 2000 Order dated 18-10-2010). Syed Faiz-uldated 25-1-2000. Hassan Vs Federation of Pakistan Financial Institution Recovery of Finances Ord.2001 Shariat petition Challenging Section 3 &17 of the (Transferred and to Lahore vide Court No.7/L/2001 Financial Institution Recovery of Order dated 18-10-2010). Muhammad Finances Ord.2001. Aslam Vs. HBL Offence of Qazf (EOH) Ordinance, VIII of 1979 Shariat petition Section 7 and 14 of Offence of Qazf (Transferred and to Lahore vide Court No.10/I/2002 (EOH) Ordinance, VIII of 1979 Order dated 18-10-2010). Hajji Bukhtiar Said Muhammad Vs Federation of Pakistan Shariat petition No.10/L/2003 Muhammad Naseem Vs. Manager ADBP etc Interest on loan Challenging interest on loan. PURE FOOD ORDINANCE, 1960 (Transferred and to Lahore vide Court Order dated 18-10-2010). 35 10. Shariat petition No.3/L/2003 Irfan Masood Sheikh Vs. Islamic Republic of Pakistan L/w 11. S.P.No.7/L of 2003 Irfan Masood Sheikh Vs. Islamic Republic of Pakistan 12. Shariat petition No.1/L/2004 Hafiz Muhammad Afzal Vs. Manger SBFC 13. Shariat petition No.3/L/2004 Muhammad Yaqoob Bajwa Vs. Government of Pakistan 14. Shariat petition No.4/L/2004 Sardar Khan @ Dara Vs. Government of Pakistan 15. S.P.No.2/L of 2009 Muhammad Akhtar Vs. Federation of Pakistan etc Challenging pure food ord.1960. (Transferred and to Lahore vide Court Order dated 18-10-2010). Pure food Ordinance, 1966 INTEREST ON LOAN Challenging interest on loan. (Transferred and to Lahore vide Court Order dated 18-10-2010). REGARDING PENSION AND ALLOWNCE FINANCE DIVISION O.M.NO.F.1(24)-IMP-II/90 DT.2.1.1991 Challenging Finance Division (Transferred and to Lahore vide Court O.M.No.F.1(24)-IMP-II/90 Order dated 18-10-2010). dt.2.1.1991 ANTI TERRORISM ACT.1997- QISAS / DIYAT Challenging Section 7 of the Anti (Transferred and to Lahore vide Court Terrorism Act.1997 Order dated 18-10-2010). Section 7 of Anti Terrorist Act, 1997 Judgment Reserved dt: 9-7-2010. Re-Hearing, Date by Court on 8-9-2011 original file, notice file and paper books transferred to Lahore on 10-9-2011. SECTION 302 SUB SECTION (B) OF PPC 1860 36 16. 17. Shariat petition No.5/L/2004 Irfan Masood Sheikh Vs. Islamic Republic Pakistan Shariat petition No.6/L/2004 Mst: Naheed jahan Lodhi Vs. Federation of Pakistan etc Challenging section 302 Sub (Transferred and to Lahore vide Court Section (b) of PPC 1860 Order dated 18-10-2010). ORDINANCE IV of 2000 REMOVEL OF CIVIL SERVANT Challenging ordinance, IV of 2000 (Transferred and to Lahore vide Court Order dated 18-10-2010). 18. Shariat petition No.5/L/2006 Malik Muhammad Rab Nawaz Khan Vs Federation of Pakistan etc. Linked with URBAN IMMOVABLE PROPERTY TAX ACT, 1958. Section 3 of the Urban Immorable Full Bench matter. This Shariat Petition Property Tax Act, 1958. 4-times came up for hearing before the Court and it was lastly fixed for hearing on 30-03-2009 at Lahore and it was admitted for regular hearing with the direction to issue notice to the respondents. To be heard alongwith connected S.P.No.1/L/2009. 19. Shariat petition No. 1/L/2009 Mian Hammad Murtaza Vs. The Federation Pakistan etc Section 3 of the Urban Immovable Full Bench matter. This Shariat petition Property Tax Act, 1958. 2-times came up for hearing before the Court. Lastly it was fixed for hearing on 30-03-2009 and it was admitted for regular hearing with the direction to issue notice to the respondents. To be heard alongwith S.P.No.5/L/2006. 20. Shariat petition No.4/L/2006 Miss Gulshan Ara Alam Vs. Federation of Pakistan and 4 others PUBLICATION OF THE HOLY QURAN (E P E ) ACT.1973 Challenging Publication of the (Transferred to Lahore vide Court Holy Quran (E P E) act.1973. Order dated 18-10-2010). PUNJAB WAQF PROPERTIES ORDINANCE, 1979 37 21. Sh.Misc.No.1/L Of 2007 Dewan Maudud Masood Vs Govt. of Punjab. Along with Shariat petition No.5/L/2001 22. Sh.P.No.6/I of 2007 Syed Feroze Shah Vs. Federation of Pakistan Application for restoration of s.P.No.5/l/2001 regarding sub Section 6 of the Punjab Waqf Properties Ordinance, 1979 and notification issued thereunder. The learned counsel of the petitioner has been elevated as Judg. The petitioner has not yet engaged another Counsel to represent him. MUSLIM FAMILY LAWS ORDINANCE, 1961. Sections 5 & 6 of the Muslim Transferred to Lahore. Family Laws Ordinance, 1961. Full Bench matter. This Shariat Petition 4-times came up for hearing before the Court. It was admitted for regular hearing on 14.01.2009 and thereafter came up for regular hearing on 02-04-2009 at Lahore. The Court was pleased to direct that a copy of amended Shariat Petition may be sent to the respondent and it was Adjourned to a date in office. 38 PESHAWAR S.No. Petition No. & Name of Parties 1. S.P.No.8/P/1999 Rustam khan Vs The Collector District Nowshera etc. Law Challenged Full Bench/ Preliminary/ Larger Regular Hearing Bench Muslim Family Laws Ordinance, 1961. Section 4 of Muslim FULL BENCH Preliminary Family Laws Hearing Ordinance, 1961. Heard HEARD File at Peshawar