DOCSLIB.ORG

Legality of a Hisba Bill to Introduce an Islamic Ombudsman in the North-Western-Frontier Province

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Legality of a Hisba Bill to Introduce an Islamic Ombudsman in the North-Western-Frontier Province 413 Pakistan: Legality of a Hisba Bill to introduce an Islamic Ombudsman in the North-Western-Frontier Province Makhdoom Ali Khan* Every Muslim, exhorts the Qur’an, should command good and forbid evil. One of the avowed objectives for the creation of Pakistan was to enable Muslims to order their lives in accordance with the teachings of Islam. Almost immediately after independence, therefore, efforts were made to implement this religious injunction through legislation. The endeavour did not succeed. The position remained unchanged until the government of the religious parties alliance (MMA) in the North West Frontier Province passed the Hisba Bill. The Governor had no authority to refuse assent. Having serious reservations, in the matter, he wrote to the Prime Minister requesting that the President be advised to seek the opinion of the Supreme Court on the constitutionality of the measure. A reference seeking the opinion of the Court was made. The Supreme Court observed that the authority conferred on the Ombudsman to check bureaucratic excesses was not unconstitutional. With regard to the powers of the Ombudsman to prosecute or punish citizens for non-performance of religious obligations or for the defiance of his orders, the Court declared that these did interfere with the private life, personal thoughts and individual beliefs of the citizens. These were, therefore, unconstitutional. Until now the courts in Pakistan have been excessively deferential in their examination of Islamic laws. The Hisba judgment is indeed important for its discussion of the various aspects of life and law in an Islamic State. Its greater significance lies in the fact that for the first time in the history of Pakistan, the Supreme Court has declared that legislative authorities will not be allowed to trump individual freedoms and transgress constitutional limits by the expedient use of an Islamic label. * Senior Advocate of the Supreme Court of Pakistan and the Attorney-General for Pakistan since September 2001. 414 Selected Cases Please note that the following text of the ‘Hisba’ judgment of the Supreme Court of Pakistan has been edited in order to make it more readable. The original, unedited, text of the judgement can be found on the website of the Supreme Court of Pakistan at http:// www.scp.com.pk/sub_links/pr/hasba.htm In the Supreme Court of Pakistan (Advisory Jurisdiction) Present Mr.Justice Iftikhar Muhammad Chaudhry, C.J. Mr.Justice Javed Iqbal Mr.Justice Abdul Hameed Dogar Mr.Justice Sardar Muhammad Raza Khan Mr.Justice Muhammad Nawaz Abbasi Mr.Justice Faqir Muhammad Khokhar Mr.Justice Mian Shakirullah Jan Mr.Justice M. Javed Buttar Mr.Justice Saiyed Saeed Ashhad Reference No. 2 of 2005 Reference by the President of Pakistan under Article 186 of the Constitution of the Islamic Republic of Pakistan, 1973 OPINION Iftikhar Muhammad Chaudhry, C.J.: The President of Pakistan has referred the following questions of law for opinion of this Court under Article 186 of the Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter referred to as “the Constitution”): (1) Whether the Hisba Bill or any of its provisions would be constitutionally invalid if enacted? (2) Whether the Hisba Bill or any of its provisions, would, if enacted; be violative of the fundamental rights guaranteed in Part-II, Chapter 1 of the Constitution, including but not limited to Articles 9, 14, 16 to 20, 22 and 25 thereof? (3) Whether the Hisba Bill or any of its provisions would, if enacted, be violative of Articles 2A, 4, 203G, 212, 229 and 230 of the Constitution? (4) Whether the enactment of the Hisba Bill would encroach on an occupied field, violative of the Constitution by creating a parallel judicial system, undermine judicial independence and deny citizens their right of access to justice? (5) Whether the enactment of the Hisba Bill would violate the principle of separation of powers enshrined in the Constitution? (6) Whether the Hisba Bill, and in particular sections 10 and 23 thereof, is unconstitutionally overbroad and vague and suffers from excessive delegation? (7) If the answer to any one or more of the above questions is in the affirmative, whether the Governor, NWFP is obliged to sign into law the Hisba Bill passed by the NWFP Assembly?.
Load more

Recommended publications
  • Reforming the Judiciary in Pakistan
    REFORMING THE JUDICIARY IN PAKISTAN Asia Report N°160 – 16 October 2008 TABLE OF CONTENTS EXECUTIVE SUMMARY AND RECOMMENDATIONS................................................. i I. INTRODUCTION ............................................................................................................. 1 II. BACKGROUND................................................................................................................ 3 A. ISLAMISING THE POLITY ..............................................................................................................3 B. VALIDATING MILITARY INTERVENTIONS .....................................................................................3 C. DEMOCRATIC TRANSITION AND JUDICIAL REFORM......................................................................5 III. ISLAMISING THE LEGAL SYSTEM: INSTITUTIONALISED DISCRIMINATION.......................................................................................................... 6 A. THE BLASPHEMY LAW.................................................................................................................6 B. TARGETING AHMADIS..................................................................................................................8 C. WOMEN AND THE HUDOOD ORDINANCES ..................................................................................10 D. THE FEDERAL SHARIAT COURT .................................................................................................11 IV. RESTORING THE RULE OF LAW ...........................................................................
    [Show full text]
  • P L D 2007 Supreme Court 202 [Shariat Appellate Jurisdiction
    P L D 2007 Supreme Court 202 [Shariat Appellate Jurisdiction] Present: Abdul Hameed Dogar, Muhammad Nawaz Abbasi, Mian Shakirullah Jan, Dr. Allama Khalid Mahmood and Dr. Rashid Ahmed Jullundhari, JJ NAZEER alias WAZEER---Appellant Versus THE STATE---Respondent Criminal Appeal No.53(S) of 2001, decided on 18th October, 2006. (On appeal from the judgment of Federal Shariat Court, dated 8-2-2001 passed in Criminal Appeal No.128/I of 2000 with M.R.41/I of 2000). (a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S.10(3)---Penal Code (XLV of 1860), Ss.302(b) & 201---Juvenile Justice System Ordinance (XXII of 2000), S.12---Oaths Act (X of 1873), S.5---Constitution of Pakistan (1973), Art. 203- F(2-B)---Leave to appeal was granted by Supreme Court to consider; whether Juvenile Justice System Ordinance, 2000 was applicable to the case; whether judicial confession made on oath could be used against the accused for sustaining death sentence; and whether such confession made on oath was admissible in evidence and could have been acted upon. (b) Criminal Procedure Code (V of 1898)--- --Ss. 164 & 364---Oaths Act (X of 1873), S.5---Judicial confession---Administering of oath to accused---Scope---Contention that confessional statement recorded on oath, if causes no prejudice or injustice to accused is admissible in evidence---Validity---Provisions of Ss.164 and 364, Cr.P.C. invariably apply to all sorts of statements---Confessional statement recorded under S.164, Cr.P.C. on oath is violative of S.5 of Oaths Act, 1873, which prohibits
    [Show full text]
  • 2004 SCMR 1824.Pdf
    TaxHelpline Case No. 153 of 2004 Supreme Court of Pakistan Cr. Petitions Nos.21 and 22/K of 2003, heard on 13th April, 2004 Present: Nazim Hussain Siddiqui, C.J., Javed Iqbal and Abdul Hameed Dogar, JJ Akhlaq Ahmed Siddiqui, Advocate-on-Record for the Petitioner. M. Ilyas Khan, Advocate Supreme Court and Ms. Wajahat Niaz, Advocate-on-Record for Respondents THE STATE through Prosecutor-General, National Accountability Bureau---Petitioner Vs Agha WAZIR ABBAS and another---Respondents ORDER NAZIM HUSSAIN SIDDIQUI, C J.-----The Stale through Prosecutor-General, National Accountability Bureau (NAB), petitioner (in both petitions) has impugned the judgment, dated 8- 2-2003 of a learned Division Bench, High Court of Sindh, Karachi, whereby Criminal Accountability Appeals Nos.31 and 32 of 2002 were allowed and the respondents in both petitions were acquitted of the Reference filed against them, under section 10 of the National Accountability Bureau Ordinance, 1999 and the sentences of seven years' R.I. and fine of Rs.25,00,000 each or in default thereof three years' S.I. and disqualification for a period of ten years from holding any representative office/office in the service of Pakistan, were set aside and they were ordered to be released forthwith, if not required in any other case. 2. The prosecution case against respondent Agha Wazir Abbas, an Assistant Excise and Taxation Officer in the Excise Department, Government of Sindh, Karachi and respondent Abdul Hameed, Manager of Messrs Standard Wine Company (Pvt.) Ltd. was that they along with the absconding accused, namely, Riaz Hassan Khoso, Abdul Razzak Abbasi, Asif Ikhlaq Ahmed and Saleh Muhammad Rahu were guilty of forging import and transport permits, evasion of vend fee and fee of cess charged on transport permits for the disposal of liquor, thereby caused loss of Rs.38,287,290 to the public exchequer.
    [Show full text]
  • The Feudal Tentacles: Is Feudalism Dead
    Pakistan Perspectives Vol. 21, No.2, July-December 2016 Study of the Emergency Rule in Pakistan, 2007 Khan Faqir & Fakhrul Islam Abstract Some of the steps of public interest litigation that the judiciary took in 2007 were considered as a threat to the military government of Pervez Musharraf. He dismissed the Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry, on the charges of corruption. This presidential move was not against the chief justice of Pakistan but against the judiciary. The executive intent to tarnish and erode judiciary’s image, integrity and authority was countered by a countrywide movement for the restoration of judiciary. A consolidated struggle of the bar and the bench lead to judicial revivalism in Pakistan. ______ Historical background Authoritarianism as a colonial legacy was incorporated in the political system of both Pakistan and India. From the very beginning India quite successfully tried to democratise itself. There ‘the rule of law was ever bent to subserve either executive action in the administration or the will of dominant elements of society’. On the other hand, Pakistan failed to make a worthwhile change to democratic rule after emerging from the debris of British colonialism. The colonial state was quickly replaced by authoritarian rulers, whether civilian or military. History of Pakistan has been defined by uneasy relationships between state institutions and civil society. In its executive-dominated state, the superior courts in particular have played unusually important part in determining the country’s political fate.1 The conflict between Pakistan’s executive orders and judicial authorities dates back to the era of Liaquat Ali Khan when the country was in its teething years.
    [Show full text]
  • The "Chaudhry Court": Deconstructing the "Judicialization of Politics" in Pakistan
    Washington International Law Journal Volume 25 Number 3 Asian Courts and the Constitutional Politics of the Twenty-First Century 6-1-2016 The "Chaudhry Court": Deconstructing the "Judicialization of Politics" in Pakistan Moeen H. Cheema Follow this and additional works at: https://digitalcommons.law.uw.edu/wilj Part of the Comparative and Foreign Law Commons, Constitutional Law Commons, and the Judges Commons Recommended Citation Moeen H. Cheema, The "Chaudhry Court": Deconstructing the "Judicialization of Politics" in Pakistan, 25 Wash. L. Rev. 447 (2016). Available at: https://digitalcommons.law.uw.edu/wilj/vol25/iss3/4 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington International Law Journal by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. Compilation © 2016 Washington International Law Journal Association THE “CHAUDHRY COURT”: DECONSTRUCTING THE “JUDICIALIZATION OF POLITICS” IN PAKISTAN Moeen H. Cheema† Abstract: The Supreme Court of Pakistan underwent a remarkable transformation in its institutional role and constitutional position during the tenure of the former Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry (2005–2013). This era in Pakistan’s judicial history was also marked by great controversy as the court faced charges that it had engaged in “judicial activism,” acted politically, and violated the constitutionally mandated separation of powers between institutions of the state. This article presents an in-depth analysis of the judicial review actions of the Chaudhry Court and argues that the charge of judicial activism is theoretically unsound and analytically obfuscating.
    [Show full text]
  • Volunteering, Governance and Leadership
    Journal of Public Administration and Governance ISSN 2161-7104 2012, Vol. 2, No. 3 Federalism in Pakistan during Musharraf Regime Ghulam Ali Lecturer Government Degree College Chowk Azam (Layyah) M Phil Scholar, Department of Political Science, The Islamia University of Bahawalpur Prof. Dr. Razia Musarrat (Corresponding author) Chairperson, Department of Political Science, The Islamia University of Bahawalpur Email: [email protected] Muhammad Salman Azhar Department of Management Sciences The Islamia University of Bahawalpur Received:July 07, 2012 Accepted:September 25, 2012 DOI:10.5296/jpag.v2i3.3209 Abstract After eleven years of democratic rule Pakistan once again went under military regime when Pervaiz Musharraf imposed emergency in the state by ousting the then elected Prime Minister Mian Nawaz Sharif from his office and started ruling the country with the help of Military junta. This time military stepped in as an institution due to the wrong deeds of politicians. Pervaiz Musharraf declared himself Chief Executive of the state and tried to fulfill his own agenda. He amended the anti terrorism act to punish Nawaz Sharif. Basic pillar of federalism the judiciary remained under fire throughout his regime and Chief Justice of Pakistan was deposed from the office. Political activities and parties were banned. Powers were centralized in the name of devolution of powers. Constitution was abandoned and LFO was introduced to provide victory to the King’s party in an engineered elections. Musharraf jumped into war against terrorism and the whole country was facing bomb blasts and attacks of militants on official institutions of the state. Keywords: Federalism, constitution, election, terrorism, military 171 www.macrothink.org/jpag Journal of Public Administration and Governance ISSN 2161-7104 2012, Vol.
    [Show full text]
  • P L D 2004 Supreme Court 394 Present: Nazim Hussain Siddiqui
    P L D 2004 Supreme Court 394 Present: Nazim Hussain Siddiqui, C.J., Syed Deedar Hussain Shah and Abdul Hameed Dogar, JJ KARL JOHN JOSEPH---Petitioner Versus THE STATE---Respondent Criminal Petition for Leave to Appeal No. 108-K of 2003, decided on 6th February, 2004. (On appeal from the judgment/order of the High Court of Sindh at Karachi, dated 18-12-2003, passed in Criminal Appeal No.198 of 2003). (a) Control of Narcotic Substances Act (XXV of 1997)----- ----S. 9(c)---Constitution of Pakistan (1973), Art.185(3)---Petition for leave to appeal---Explanation furnished by the prosecution being convincing and natural, non-joining of private persons as Mashirs of recovery was of no consequence---Case of accused was distinguishable from that of acquitted co-accused as according to prosecution version the boat from which "Charas" was recovered belonged to the accused and not to the said co-accused---High Court had considered the case in its proper perspective without any misreading or non-reading of the material and the impugned judgment was- based on proper appreciation of facts and law---Requirement-of search warrant could be dispensed with if the same could not be possibly obtained from the Court before conducting the search ---A.N.F. Officials, in the circumstances of the case, could not obtain the search warrants from the Court and the complainant, therefore, was competent to search the boat without search warrant---Leave to appeal was refused to accused in circumstances. Fida Jan v. The State 2001 SCMR 36 ref. (b) Control of Narcotic Substances Act (XXV of 1997)-- ----S 20---Issuance of search warrants---Provisions of S.20 of the Control of Narcotic Substances Act, 1997, being directory in nature, non-compliance thereof cannot be considered a strong ground for making the trial of accused bad in the eye of law.
    [Show full text]
  • IN the SUPREME COURT of PAKISTAN (Original Jurisdiction)
    IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction). PRESENT: Mr. Justice Iftikhar Muhammad Chaudhry, CJ. Mr. Justice Javed Iqbal Mr. Justice Sardar Muhammad Raza Khan Mr. Justice Khalil-ur-Rehman Ramday Mr. Justice Mian Shakirullah Jan Mr. Justice Tassaduq Hussain Jillani Mr. Justice Nasir-ul-Mulk Mr. Justice Raja Fayyaz Ahmed Mr. Justice Ch. Ijaz Ahmed Mr. Justice Ghulam Rabbani Mr. Justice Sarmad Jalal Osmany Mr. Justice Muhammad Sair Ali Mr. Justice Mahmood Akhtar Shahid Siddiqui Mr. Justice Jawwad S. Khawaja. CONSTITUTION PETITION NO. 09 OF 2009 Sindh High Court Bar Association through its Secretary. ….PETITIONER CONSTITUTION PETITION NO. 08 OF 2009 Nadeem Ahmed Advocate ….PETITIONER VERSUS Federation of Pakistan through Secretary, Ministry of Law and Justice, Islamabad and others. ….RESPONDENTS For the petitioner: Mr. Hamid Khan, Sr. ASC. (Const.P.09/2009) Mr. Rashid A. Razvi, ASC. Mr. M. S. Khattak, AOR Assisted by M/s Waqar Rana, Waheed Khalid Khan & Haq Nawaz Talpur, Advocates. For the petitioner: Mr. Muhammad Akram Sheikh, Sr. ASC. (Const.P.08/2009) Assisted by Barristers Ms Natalya Kamal & Syed Shehryar, Advocates 2 For respondent No.1 Sardar Muhammad Latif Khan Khosa Attorney General for Pakistan. Agha Tariq Mehmood Khan, DAG Mr. Shah Khawar, DAG. Ch. Akhtar Ali, AOR. For respondent No.2. Mr. Muhammad Yousaf Leghari, A.G.Sindh. Raja Abdul Ghafoor, AOR. For respondent Nos.3 & 4. Nemo. Respondent No.5. Not represented. Dates of hearing: 20th to 24th and 27th to 31st July, 2009. JUDGEMENT IFTIKHAR MUHAMMAD CHAUDHRY, CJ.- The above Constitutional Petitions bearing Nos. 9 of 2009 and 8 of 2009 involve common questions of facts and law and are disposed of by this single judgment.
    [Show full text]
  • Which US Newspaper Named Imran Khan on List for Peace Prize?
    Foreign Minister Shah Mahmood Qureshi had postponed Which US Newspaper named Imran Khan on list for Peace his trip to __________ due to the ‘sensitive’ regional situation Prize? on 25 Feb 2019? C. Christian Science Monitor C. Japan Who has been Appointed as Chairman of Kashmir Which two media groups got Rights for live-streaming the Committee in Pakistan? HBL PSL 2019. C. Fakhar Imam A. Geo tv and Jang group Who is the Current Minister of Information and Culture in Pakistan Cricket Board (PCB) named_________as the new Punjab? live production partner for the HBL Pakistan Super League C. Syed Sumsam Ali Bukhari (PSL-4) On 19 Feb 2019? Which Batsman has broken Shahid Afridi record of most C. Blitz and Trans group sixes in international cricket? “Sikka Baqaida” is an initiative by State bank of Pakistan, A. Chris Gayle To facilitate the: Which of following Woman Lawmaker Chaired ‘Pakistan B. Low-income and Unbanked population of the country. Senate’ on Women’s Day, 2019? Who has been appointed as Force Commander of the B. Krishna Kumari United Nations mission for the referendum in western Who is the captain of Peshawer Zalmi in PSL 2019? Sahara? C. Darren Sammy B. Maj. Gen ziaur Rehman, Pakistan Who is the Captain of Quetta Gladiators in PSL 2019? Name the Sindh Assembly Speaker who was arrested by B. Sarfaraz Ahmed National Accountability Bureau (NAB) on corruption Who is the Current Ambassador of Pakistan to Iran? allegations on February 20, 2019? B. Riffat Masood C. Agha Siraj Durrani Who became the first Pakistani surgeon to receive the How many Pakistani prisoners were released from KSA prestigious honorary membership of the British after the order of Prince Muhammad bin Salman by the Association of Urological Surgeons (BAUS)? request of PM Imran Khan? B.
    [Show full text]
  • Annual Report 2015–2016
    SUPREME COURT OF PAKISTAN ANNUAL REPORT June 2015 - May 2016 ANNUAL REPORT June 2015 - May 2016 Supreme Court of Pakistan ANNUAL REPORT June 2015 - May 2016 Supreme Court of Pakistan Constitution Avenue, Islamabad Ph: 051-9220581-600 Fa x: 051-9215306 E-mail: [email protected] Web: www.supremecourt.gov.pk Branch Registry Lahore Nabha Road. Ph: 042-99212401-4 Fax: 042-99212406 Branch Registry Karachi MR Kiyani Road. Ph: 021-99212306-8 Fax: 021-99212305 Branch Registry Peshawar Khyber Road. Ph: 091-9213601-5 Fax: 091-9213599 Branch Registry Quetta High Court of Balochistan Building Quetta. Ph: 081-9201365 Fax: 081-9202244 Published by: Supreme Court of Pakistan Compiled & edited by: Khawaja Daud Ahmad, Additional Registrar (Administration) Saleem Ahmad, Librarian, Supreme Court of Pakistan ii Supreme Court of Pakistan ANNUAL REPORT June 2015 - May 2016 CONTENTS 1. Foreword by the Chief Justice of Pakistan 1 2. Registrar’s Report 2 3. Profile of the Chief Justice and Judges 5 3.1 Profile of the Chief Justice of Pakistan 6 3.2 Profile of Judges of the Supreme Court of Pakistan 7 3.3 Chief Justices & Judges Retired During June 2015 to 34 May 2016 4. Supreme Court of Pakistan 35 4.1 Introduction 36 4.2 Seat of Supreme Court 37 4.3 Branch Registries 37 4.4 Supreme Court Composition, June 2015 to May 2016 39 4.5 Jurisdiction of the Supreme Court 40 4.6 Procedure for the Appointment of Judges of the 42 Supreme Court of Pakistan 4.7 Judicial Commission of Pakistan 43 4.8 Composition of the Judicial Commission of Pakistan 45 4.9 Judicial Commission of Pakistan Rules, 2010 45 4.10 Oath of Office 46 4.11 The Supreme Judicial Council of Pakistan 47 4.12 Code of Conduct for Judges of the Supreme Court and 48 the High Courts 4.13 The Supreme Judicial Council Procedure of Inquiry, 50 2005 4.14 Supreme Judicial Council – Reference No.
    [Show full text]
  • Up-Gradation of Judicial Officers)
    IN THE SUPREME APPELLATE COURT GILGIT-BALTISTAN S.M.C No. 16/2009 (Up-Gradation of Judicial Officers) Before: Mr. Justice Muhammad Nawaz Abbasi, Chief Judge. Mr. Justice Syed Jaffar Shah, Judge. Mr. Justice Muhammad Yaqoob, Judge. Advocate General Gilgit-Baltistan. Registrar and Deputy Registrar of Chief Court. Muhammad Issa and Mr. Manzoor Advocates Date of hearing 16-11-2009 J U D G M E N T Mr. Justice Muhammad Nawaz Abbasi, CJ: This petition arises out of the representation filed by the Judicial Officers of the Gilgit- Baltistan subordinate judiciary before the Chief Court Gilgit- Baltistan for an appropriate order for their upgradation in the manner in which the judicial officers of subordinate judiciary in the provinces of Pakistan and in Azad Jammu and Kahsmir have been upgraded. The Chief Court forwarded their representation to the KA&NA Division, (KA&GB Division) Government of Pakistan for appropriate action and on failure to get any decision for a considerable long time, they sought appropriate directions from this court by sending a copy of their representation which has been treated as an application under Article 61 of the Gilgit-Baltistan (Empowerment and Self Governance) Order 2009. The District & Sessions Judge Gilgit has submitted the representation on behalf of whole Judicial Officers of Gilgit-Baltistan subordinate Judiciary seeking upgradation of the posts of judicial officers in Gilgit- Baltistan judiciary in the manner in which such posts have been upgraded in the four provinces of Pakistan and Azad Jamu & Kashmir, w.e.f 1st January 2008 as under: - 2 “It is Submitted that the posts of Judicial Officers of Subordinate Judiciary mention below were up graded in the four provinces including Azad Jammu and Kashmir alongwith incumbents at the end of 2007 and beginning of 2008.
    [Show full text]
  • P L D 2007 Supreme Court 302 Present: Iftikhar Muhammad
    P L D 2007 Supreme Court 302 Present: Iftikhar Muhammad Chaudhry, C.J., Javed Iqbal, Abdul Hameed Dogar, Mian Shakirullah Jan and Saiyed Saeed Ashhad, JJ Mian PIR MUHAMMAD and another---Appellants Versus FAQIR MUHAMMAD through L. Rs. and others---Respondents Civil Appeals Nos. 1951 of 2000 and 1178 of 2005, decided on 12th December, 2006. (On appeal from the judgments dated 13-5-1999 in C.R. No.342 of 1996 and dated 9-9-2003 in 324-D of 1997 of the Lahore High Court, Rawalpindi Bench, Rawalpindi). (a) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to consider; whether it was mandatory to disclose particulars and details of date, time and place of receiving information about sale and making Talb-i-Muwathibat and also names of witnesses in whose presence such Talb was made, in plaint, in a suit for possession by way of pre-emption; and whether High Court was legally competent and justified to set aside concurrent findings of fact recorded by trial Court and Lower Appellate Court to the effect that requirements of Talb-I-Muwathibat had been duly filfilled before the suit was instituted. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Right of pre-emption, exercise of---Procedure---Talb-i-Muwathibat and Talb-i- Ishhad---Proof---Non-mentioning of date, time and place of knowledge of sale and date of issue to notice of Talb-i-Ishhad in plaint---Effect---Held, it was necessary that as soon as pre-emptor acquired knowledge of sale of pre-empted property, he should make immediate demand for his desire and intention to assert his right of pre-emption without slightest loss of time---After making Talb-i-Muwathibat, in terms of S.13(2) of Punjab Pre-emption Act, 1991, pre-emptor had another legal obligation to perform i.e.
    [Show full text]