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 Jurisdiction of the Court


             The Federal Shariat Court has jurisdiction to decide matters in its original, revisional, appellate and review jurisdictions and to decide a Reference made to it.

 Original and Suo Moto jurisdiction

Article 203-D of the Constitution empowers the court to examine and decide the question, whether or not any law or provision of law is repugnant to the injunctions of Islam. For the information of those readers who have not gone through the previous Reports, it may be pointed out here that this court during the past years have examined 512 Federal Laws and 999 Provincial Laws Suo Moto on the touch stone of injunctions of Islam and have found 55 Federal Laws and 212 Provincial Laws as repugnant to these injunctions.

 Revisional Jurisdiction

Article 203-DD of the Constitution confers jurisdiction on the court to 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 any 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 the suspension of the execution of any sentence and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.

 Appellate Jurisdiction

The court excercises appellate jurisdiction in Hudood cases registered under the Hudood Laws viz
i) The Offences Against Property (Enforcement of Hudood) Ordinance, 1979.
ii) The Offence of Zina (Enforcement of Hudood) Ordinance 1979.
iii) The Offence of Qazaf (Enforcement of Hadd) Ordinance, 1979.
iv) The Prohibition (Enforcement of Hadd) Order, 1979.


 Review Jurisdiction

Clause (9) of Article 203 E of the Constitution empowers the court to review any decision given or order made by it.

 

 

 

 

 

 
       

 


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