Thursday, 31 October 2013

What are the Fundamental Rights of a Pakistani?

Part II: Fundamental Rights and Principles of Policy

7Definition of the State
In this Part, unless the context otherwise requires, "the State" means the Federal Government,  12[Majlis-e-Shoora (Parliament)] 12, a Provincial Government, a Provincial Assembly, and such local or other authorities in Pakistan as are by law empowered to impose any tax or cess.
 

Chapter 1: Fundamental Rights

8Laws inconsistent with or in derogation of fundamental rights to be void.
(1)Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void.
 
(2)The State shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void.
 
(3)The provisions of this Article shall not apply to :-
(a)any law relating to members of the Armed Forces, or of the police or of such other forces as are charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their duties or the maintenance of discipline among them; or
 13[
(b)any of the:-
(i)laws specified in the First Schedule as in force immediately before the commencing day or as amended by any of the laws specified in that Schedule;
(ii)other laws specified in Part I of the First Schedule;
] 13 and no such law nor any provision thereof shall be void on the ground that such law or provision is inconsistent with, or repugnant to, any provision of this Chapter.
 
(4)Notwithstanding anything contained in paragraph (b) of clause (3), within a period of two years from the commencing day, the appropriate Legislature shall bring the laws specified in  15[Part II of the First Schedule] 15 into conformity with the rights conferred by this Chapter:
Provided that the appropriate Legislature may by resolution extend the said period of two years by a period not exceeding six months.
Explanation:- If in respect of any law  16[Majlis-e-Shoora (Parliament)] 16 is the appropriate Legislature, such resolution shall be a resolution of the National Assembly.
 
(5)The rights conferred by this Chapter shall not be suspended except as expressly provided by the Constitution.
 
 
9Security of person.
No person shall be deprived of life or liberty save in accordance with law.
 
10Safeguards as to arrest and detention
(1)No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.
 
(2)Every person who is arrested and detained in custody shall be produced before a magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the nearest magistrate, and no such person shall be detained in :custody beyond the said period without the authority of a magistrate.
 
(3)Nothing in clauses (1) and (2) shall apply to any person who is arrested or detained under any law providing for preventive detention.
 
(4)No law providing for preventive detention shall be made except to deal with persons acting in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof, or external affairs of Pakistan, or public order, or the maintenance of supplies or services, and no such law shall authorise the detention of a person for a period exceeding  17[three months] 17 unless the appropriate Review Board has, after affording him an opportunity of being heard in person, reviewed his case and reported, before the expiration of the said period, that there is, in its opinion, sufficient cause for such detention, and, if the detention is continued after the said period of  18[three months] 18, unless the appropriate Review Board has reviewed his case and reported, before the expiration of each period of three months, that there is, in its opinion, sufficient cause for such detention.
Explanation-I: In this Article, "the appropriate Review Board" means:-
(i)in the case of a person detained under a Federal law, a Board appointed by the Chief Justice of Pakistan and consisting of a Chairman and two other persons, each of whom is or has been a Judge of the Supreme Court or a High Court; and
(ii)in the case of a Person detained under a Provincial law, a Board appointed by the Chief Justice of the High Court concerned and consisting of a Chairman and two other persons, each of whom is or has been a Judge of a High Court.
Explanation-II: The opinion of a Review Board shall be expressed in terms of the views of the majority of its members.
 
(5)When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall,  19[within fifteen days] 19 from such detention, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order:
Provided that the authority making any such order may refuse to disclose facts which such authority considers it to be against the public interest to disclose.
 
(6)The authority making the order shall furnish to the appropriate Review Board all documents relevant to the case unless a certificate, signed by a Secretary to the Government concerned, to the effect that it is not in the public interest to furnish any documents, is produced.
 
(7)Within a period of twenty-four months commencing on the day of his first detention in pursuance of an order made under a law providing for preventive detention, no person shall be detained in pursuance of any such order for more than a total period of eight months in the case of a person detained for acting in a manner prejudicial to public order and twelve months in any other case:
Provided that this clause shall not apply to any person who is employed by, or works for, or acts on instructions received from, the enemy 20[or who is acting or attempting to act in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof or who commits or attempts to commit any act which amounts to an anti-national activity as defined in a Federal law or is a member of any association which has for its objects, or which indulges in, any such anti-national activity] 20.
 
(8)The appropriate Review Board shall determine the place of detention of the person detained and fix a reasonable subsistence allowance for his family.
 
(9)Nothing in this Article shall apply to any person who for the time being is an enemy alien.
 
 
 21[
10A.Right to fair trial:
For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process.
 
] 21
11Slavery, forced labour, etc. prohibited
(1)Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into Pakistan in any form.
 
(2)All forms of forced labour and traffic in human beings are prohibited.
 
(3)No child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment.
 
(4)Nothing in this Article shall be deemed to affect compulsory service:-
(a)by any person undergoing punishment for an offence against any law; or
(b)required by any law for public purpose provided that no compulsory service shall be of a cruel nature or incompatible with human dignity.
 
 
12Protection against retrospective punishment
(1)No law shall authorize the punishment of a person:-
(a)for an act or omission that was not punishable by law at the time of the act or omission; or
(b)for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by law for that offence at the time the offence was committed.
 
(2)Nothing in clause (1) or in Article 270 shall apply to any law making acts of abrogation or subversion of a Constitution in force in Pakistan at any time since the twenty-third day of March, one thousand nine hundred and fifty-six, an offence.
 
 
13Protection against double punishment and self incrimination.
No person:-
(a)shall be prosecuted or punished for the same offence more than once; or
(b)shall, when accused of an offence, be compelled to be a witness against himself.
 
14Inviolability of dignity of man, etc.
(1)The dignity of man and, subject to law, the privacy of home, shall be inviolable.
 
(2)No person shall be subjected to torture for the purpose of extracting evidence.
 
 
15Freedom of movement, etc.
Every citizen shall have the right to remain in, and, subject to any reasonable restriction imposed by law in the public interest, enter and move freely throughout Pakistan and to reside and settle in any part thereof.
 
16Freedom of assembly.
Every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order.
 
 22[
17.Freedom of association:
(1)Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality.
 
(2)Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the soverignty or integrity of Pakistan, the Federal Government shall, within fifeen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.
 
(3)Every political party shall account for the source of its funds in accordance with law.
 
 
] 22
18Freedom of trade, business or profession.
Subject to such qualifications, if any, as may be prescribed by law, every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business:
Provided that nothing in this Article shall prevent:-
(a)the regulation of any trade or profession by a licensing system; or
(b)the regulation of trade, commerce or industry in the interest of free competition therein; or
(c)the carrying on, by the Federal Government or a Provincial Government, or by a corporation controlled by any such Government, of any trade, business, industry or service, to the exclusion, complete or partial, of other persons.
 
19Freedom of speech, etc.
Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court,  30[commission of] 30 or incitement to an offence.
 
 31[
19A.Right to information:
Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.
 
] 31
20Freedom to profess religion and to manage religious institutions.
Subject to law, public order and morality:-
(a)every citizen shall have the right to profess, practice and propagate his religion; and
(b)every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.
 
21Safeguard against taxation for purposes of any particular religion.
No person shall be compelled to pay any special tax the proceeds of which are to be spent on the propagation or maintenance of any religion other than his own.
 
22Safeguards as to educational institutions in respect of religion, etc.
(1)No person attending any educational institution shall be required to receive religious instruction, or take part in any religious ceremony, or attend religious worship, if such instruction, ceremony or worship relates to a religion other than his own.
 
(2)In respect of any religious institution, there shall be no discrimination against any community in the granting of exemption or concession in relation to taxation.
 
(3)Subject to law:
(a)no religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any educational institution maintained wholly by that community or denomination; and
(b)no citizen shall be denied admission to any educational institution receiving aid from public revenues on the ground only of race, religion, caste or place of birth.
 
(4)Nothing in this Article shall prevent any public authority from making provision for the advancement of any socially or educationally backward class of citizens.
 
 
23Provision as to property.
Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest.
 
24Protection of property rights.
(1)No person shall be compulsorily deprived of his property save in accordance with law.
 
(2)No property shall be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which provides for compensation therefore and either fixes the amount of compensation or specifies the principles on and the manner in which compensation is to be determined and given.
 
(3)Nothing in this Article shall affect the validity of :-
(a)any law permitting the compulsory acquisition or taking possession of any property for preventing danger to life, property or public health; or
(b)any law permitting the taking over of any property which has been acquired by, or come into the possession of, any person by any unfair means, or in any manner, contrary to law; or
(c)any law relating to the acquisition, administration or disposal of any property which is or is deemed to be enemy property or evacuee property under any law (not being property which has ceased to be evacuee property under any law); or
(d)any law providing for the taking over of the management of any property by the State for a limited period, either in the public interest or in order to secure the proper management of the property, or for the benefit of its owner; or
(e)any law providing for the acquisition of any class of property for the purpose of
(i)providing education and medical aid to all or any specified class of citizens or
(ii)providing housing and public facilities and services such as roads, water supply, sewerage, gas and electric power to all or any specified class of citizens; or
(iii)providing maintenance to those who, on account of unemployment, sickness, infirmity or old age, are unable to maintain themselves ; or
(f)any existing law or any law made in pursuance of Article 253.
 
(4)The adequacy or otherwise of any compensation provided for by any such law as is referred to in this Article, or determined in pursuance thereof, shall not be called in question in any court.
 
 
25Equality of citizens.
(1)All citizens are equal before law and are entitled to equal protection of law.
 
(2)There shall be no discrimination on the basis of sex  32[] 32.
 
(3)Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.
 
 
 33[
25A.Right to education:
The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law.
 
] 33
26.Non-discrimination in respect of access to public places.
(1)In respect of access to places of public entertainment or resort not intended for religious purposes only, there shall be no discrimination against any citizen on the ground only of race, religion, caste, sex, residence or place of birth.
 
(2)Nothing in clause (1) shall prevent the State from making any special provision for women and children.
 
 
27.Safeguard against discrimination in services.
(1)No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth:
Provided that, for a period not exceeding  34[forty] 34 years from the commencing day, posts may be reserved for persons belonging to any class or area to secure their adequate representation in the service of Pakistan:
Provided further that, in the interest of the said service, specified posts or services may be reserved for members of either sex if such posts or services entail the performance of duties and functions which cannot be adequately performed by members of the other sex 36[:] 36
 37[Provided also that under-representation of any class or area in the service of Pakistan may be redressed in such manner as may be determined by an Act of Majlis-e-Shoora (Parliament).] 37
 
(2)Nothing in clause (1) shall prevent any Provincial Government, or any local or other authority in a Province, from prescribing, in relation to any post or class of service under that Government or authority, conditions as to residence in the Province. for a period not exceeding three years, prior to appointment under that Government or authority.
 
 
28Preservation of language, script and culture.
Subject to Article 251 any section of citizens having a distinct language, script or culture shall have the right to preserve and promote the same and subject to law, establish institutions for that purpose.
 

Notes

12   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 1 (with effect from March 2, 1985) for "Parliament".
13   Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 2 (with effect from November 21, 1975) for :
(b)any of the laws specified in the First Schedule as in force immediately before the commencing day  14[or as amended by any of the laws specified in that Schedule] 14;
14   Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 3 (with effect from May 4, 1974).
15   Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 2 (with effect from November 21, 1975) for "the First Schedule, not being a law which relates to, or is connected with, economic reforms".
16   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 1 (with effect from March 2, 1985) for "Parliament".
17   Substituted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2 (with effect from February 13, 1975) for "one month".
18   Substituted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2 (with effect from February 13, 1975) for "one month".
19   Substituted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2 (with effect from February 13, 1975) for "as soon as may be, but not later than one week".
20   Inserted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2 (with effect from February 13, 1975).
21   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 5 (with effect from April 19, 2010).
22   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 6 (with effect from April 19, 2010) for :
17Freedom of association.
(1)Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of 23[sovereignty or integrity of Pakistan, public order or morality] 23.
 
 24[
(2)Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan  25[or public order] 25and such law shall provide that where the Federal Government declare that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan  26[or public order] 26, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final 27[:] 27
 28[Provided that no political party shall promote sectarian, ethnic, regional hatred or animosity, or be titled or constituted as a militant group or section.] 28
 
(3)Every political party shall account for the source of its funds in accordance with law.
 
] 24 29[
(4)Every political party shall, subject to law, hold intra-party elections to elect its office-bearers and party leaders.
 
] 29
 
23   Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 3 (with effect from November 21, 1975) for "morality or public order".
24   Substituted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 4 (with effect from May 4, 1974) for :
(2)Every citizen not being in the service of Pakistan shall have the right to form or be a member of a political party. Every political party shall account for the source of its funds in accordance with law.
 
25   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 1(a) (with effect from August 21, 2002).
26   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 1(a) (with effect from August 21, 2002).
27   Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 1(b) (with effect from August 21, 2002) for ".".
28   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 1(b) (with effect from August 21, 2002).
29   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 2 (with effect from August 21, 2002).
30   Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 4 (with effect from November 21, 1975) for "defamation".
31   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 6 (with effect from April 19, 2010).
32   The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 8 (with effect from April 19, 2010) : "alone".
33   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 9 (with effect from April 19, 2010).
34   Substituted by Constitution (Sixteenth Amendment) Act, 1999 (6 of 1999), Article 2 (with effect from August 5, 1999) for " 35[twenty] 35".
35   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 4 (with effect from March 2, 1985) for "ten".
36   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 10 (with effect from April 19, 2010) for ".".
37   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 10 (with effect from April 19, 2010).


Thursday, 3 October 2013

ENFORCEMENT OF SHARI’AH ACT. 1991


ACT X OF 1991

An Act for the enforcement of Shari’ah


[Gazette of Pakistan, Extraordinary, Part 1, 18th June, 1991]
The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 5th June, 1991. and is hereby published for general information:-
Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and authority to be exercised by the people of Pakistan through there chosen representatives  with the limits prescribed by Him is a sacred trust.
And whereas the Objectives Resolution has been incorporated in the Constitution of the Islamic Republic of Pakistan as a substantive part thereof ;
And whereas Islam has been declared to be the State religion of Pakistan and it is obligatory for all Muslims to follow the Injunctions of the Holy Qur’an and Sunnah to regulate and order there lives in complete submission to the Divine law;
And whereas it is one of the fundamental obligations of the Islamic State to protect the honour, life, liberty and the fundamental right a of the citizens as guaranteed under the constitution and to ensure peace and provide inexpensive and speedy justice to people through an independent Islamic system of justice without any discrimination.
And whereas Islam enjoins establishment of social order based on the Islamic values of bidding what is right and forbidding what is wrong (amr bil Ma’ roof wa nahi anil Munkar);
And whereas in order to achieve the aforesaid objectives and goals, it. is necessary to give to these measures constitutional and legal backing,
It is hereby enacted as follows :
1.
Short title, extent and commencement
(1)
This Act may be called the Enforcement of Shari’ah Act, 1991.
(2)
It extends to the whole of Pakistan.
(3)
It shall come into force at once.
(4)
Nothing contained in this Act shall affect the personal laws, religious freedom traditions, customs and way of life of the non Muslims.
2.
Definition.
In this Act "Shari’ah" means the Injunctions of Islam as laid down in the Holy Qur’an and Sunnah.
Explanation:-- While interpreting and explaining the Shari’ah the recognized principles of interpretation and explanation of the Holy Qur’an and Sunnah shall be followed and the expositions and opinions of recognized jurists of Islam belonging to prevalent Islamic schools of jurisprudence may be taken into consideration.
3.
Supremacy of Shari’ah.
(l)
The Shari’ah that is to say the Injunctions of Islam as laid in the Holy Qur’an and Sunnah, shall be the supreme law of Pakistan.
(2)
Notwithstanding anything contained in this Act, the judgment of any Court or any other law for the time being in force, the present political system, including the Majlis-e-Shoora (Parliament) and Provincial Assemblies and the existing system of  Government, shall not be challenged in any Court, including Supreme Court, the Federal Shariat Court or any authority or tribunal:
Provided that nothing contained herein shall effect the right of the non-Muslims guaranteed by or under the Constitution.
4.
Laws to be interpreted in the light of Shari’ah.
For the purpose of this Act—
(a)
while interpreting the statute-law, if more than one interpretation is possible, the one consistent with the Islamic principles and jurisprudence shall be adopted by the Court ; and
(b)
where two or more interpretations are equally possible the interpretation which advances the Principles of Policy and Islamic provisions in the Constitution shall be adopted by the Court.
5.
Observance of Shari’ah by Muslim citizens.
All Muslim citizens of Pakistan shall observe Shari’ah and act accordingly and in this regard the Majlis-e-Shoora (Parliament) shall formulate code of conduct for Government functionaries.
6.
Teaching of, and training in, Shari’ah etc.
The State shall make effective arrangements,--
(a)
for the teaching of, and training in the Shari’ah, Islamic jurisprudence and all other branches of Islamic law at appropriate levels of education and professional training.
(b)
to include courses on the Shari’ah in the syllabi of the law colleges ;
(c)
for the teaching of the Arabic language; and
(d)
to avail the services of persons duly qualified in Shari’ah, Islamic jurisprudence and Ifta in judicial system.
7.
Islamization of education.
(l)
The State shall take necessary steps to ensure that the educational system of Pakistan is based on Islamic values of learning, teaching and character building.
(2)
The Federal Government shall within thirty days from the commencement of this Act appoint a Commission consisting of educationists, jurists, experts, ulema and elected representatives as it may deem fit and appoint one of them to be its Chairman.
(3)
The functions of the Commission shall be to examine the educational system of Pakistan to achieve the objectives referred to in subsection (1) and make recommendations in this behalf.
(4)
A report containing the recommendations of the Commission shall be submitted to the Federal Government which shall cause it to be placed before both the Houses of Majlis-e-Shoora (Parliament).
(5)
The Commission shall have the power to conduct its proceedings and regulate its procedure in all respects as it may deem fit.
(6)
All executive authorities, institutions and local authorities shall act in aid of the Commission.
(7)
The Ministry of Education in the Government of Pakistan shall be responsible for the administrative matters relating to the Commission.
8.
Islamization of economy.
(l)
The State shall take steps to ensure that the economic system of Pakistan is constructed on the basis of Islamic economic objectives, principles, and priorities.
(2)
The Federal Government shall, within thirty days from the commencement of this Act, appoint a Commission consisting of economists, bankers, jurists, ulema, elected representatives and such other persons as it may deem fit and appoint one of them to be its Chairman.
(3)
The functions of the commission shall be--
(a)
to recommend measures and steps, including suitable alternatives, by which the economic system enunciated by Islam could be established ;
(b)
to recommend the ways, means and strategy for such changes in the economic system of Pakistan so as to achieve the social and economic well being of the people as envisaged by Article 38 of the Constitution;
(c)
to undertake the examination of any fiscal law or any law relating to the levy and collection of taxes and fees or banking or insurance law or practice and procedure to determine whether or not these are repugnant to the Shari’ah and to make recommendations to bring such laws, practices and procedure in conformity with the Shari’ah and
(d)
to monitor progress in respect of the Islamization of economy, identifying lapses and bottlenecks, if any, and suggest alternatives to remove any difficulty.
(4)
The Commission shall oversee the process of elimination of Riba form every sphere of economic activity in the shortest possible time and also recommend such measures to the Government as would ensure the total elimination of Riba from the economy.
(5)
The Commission shall submit its reports on a regular basis and at suitable intervals to the Federal Government which shall place the same before both the Houses of Majlis-e-Shoora (Parliament) and shall also respond to any queries sent to it by the Federal Government in respect of establishment of the Islamic economic order.
(6)
The Commission shall have the power to conduct its proceedings and regulate its procedure in all respects as it may deem fit.
(7)
All executive authorities, institutions and local authorities shall act in aid of the Commission.
(8)
The Ministry of Finance in the Government of Pakistan shall be responsible for the administrative matter relating to the Commission.
9.
Mass media to promote Islamic values.
(l)
The State shall take steps to promote Islamic values through the mass media.
(2)
The publication and promotion of programs against or in derogation to the Shari’ah, including obscene material shall be forbidden.
10.
Protection of life, liberty, property, etc.
In order to protect the life, honour, liberty, property and the rights of the citizens, the State shall take legislative and administrative measures to—
(a)
introduce administrative and police reforms;
(b)
prevent acts of terrorism and sabotage and disruptive activities; and
(c)
prevent the possession and display of illicit arms.
11.
Elimination of bribery and corruption.
The State shall take legislative and administrative measures, to eliminate bribery, corruption and malpractices and provide for exemplary punishment for such offences.
12.
Eradication of obscenity, vulgarity, etc.—Effective legal and administrative measures shall be taken by the State to eradicate obscenity, vulgarity and other moral vices.
13.
Eradication of social evils.
The State shall take effective measures for enactment of law eradicating social evils and promoting Islamic virtues on the principles of amr bil ma’roof wa nahi’ anil Munkar as laid down in the Holy Qur’an.
14.
Nizami-i-adl.
The State shall take adequate measures for the Islamization of the judicial system by eliminating laws delays, multiplicity of proceedings in different Courts, litigation expenses and ensuring the quest for truth by the Court.
15.
Bait-ul-Mal (Welfare Fund).
The State shall take steps to set up a Bait-ul-Mal for providing assistance to the poor, needy, helpless, handicapped, invalids, widows, orphans and the destitute.
16.
Protection of the ideology of Pakistan, etc.
The State shall enact laws to protect the ideology, solidarity and integrity of Pakistan as an Islamic State.
17.
Safeguard against false imputations, etc.
The State shall take legislative and administrative measures to protect the honour and reputation of the citizens against false imputations, character assassination and violation of privacy.
18.
International financial obligations, etc.
Notwithstanding anything contained in this act or any decision of any Court, till an alternative economic system is introduced, financial obligations incurred and contracts made between a National Institution and a Foreign Agency shall continue to remain and be valid, binding and operative.
Explanation:— In this section, the expression "National Institution" shall include the Federal Government or a Provincial Government, a statutory corporation, company, institution, body, enterprise or any person in Pakistan and the expression "Foreign Agency" shall include a foreign government, a foreign financial institution, foreign capital market, including a bank and any foreign lending agency, including an individual and a supplier of goods, and services.
19.
Fulfillment of existing obligations.
Nothing contained in this Act or any decision made thereunder shall affect the validity of any financial obligations incurred, including under any instruments, whether contractual or otherwise, promises to pay or any other financial commitments made by or on behalf of the Federal Government or a Provincial Government or a financial or statutory corporation or other institution to make payments envisaged therein, and all such obligations, promises and commitments shall be valid, binding and operative till an alternative economic system is evolved.
20.
Rights of women not to be affected.
Notwithstanding anything contained in this Act, the rights of women as guaranteed by the Constitution shall not be affected.
21.
Laws to be enacted by Majlis-e-Shoora (Parliament) and Provincial Assembly only.
Notwithstanding anything contained in this Act or the judgment or any Court, including the Supreme Court, all laws shall be enacted exclusively by the Majlis-e-Shoora (Parliament) and the Provincial Assembly, as the case may be, and no law shall be made or be deemed to have been made unless it is made in the manner laid down in the Constitution.
22.
Rules.
The Federal Government may, by notification in the official gazette, make rules for carrying out the purposes of this Act.
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Wednesday, 2 October 2013

What is the purpose of Diyat?

PLJ 2012 SC 231
[Original Jurisdiction]
Present: Iftikhar Muhammad Chaudhry, HCJ & Khilji Arif Hussain, J.
SUO MOTU ACTION REGARDING NON-PAYMENT OF THE COMPENSATION AMOUNT TO THE POOR ELECTRICIAN, WHO HAS BEEN PRESSURIZED BY THE POLITICAL FIGURE OF PML(N) AS WELL AS BY THE POLICE TO ENTER INTO A COMPROMISE WITH THE ACCUSED MURDERERS OF HIS 12-YEAR OLD SON
Suo Motu Case No. 19 of 2011, decided 13.12.2011.
Pakistan Penal Code, 1860 (XLV of 1860)--
----S. 323 & Scope--Amount of diyat--Object and purpose of recovery of diyat amount is that the victim would be compensated according to rate which was prevailing at time when compromise was effected.           [P. 233] A
Diyat--
----Minimum rate of compensation of diyat amount was to be fixed by Court, according to notification, issued by Federal government, on every financial years, therefore, Supreme Court was not inclined to agree with opinion expressed in judgment of FSC--Supreme Court declared that as far as amount of Diyat, the same would be determined according to prevailing rate of diyat at time when compromise was effected, because it was the accused who actually requested the victim party to favor and if as result, such extended then according to law, payment of compensation would be determined and made at rate prevailing at the time when compromise was effected and executed by Court.            [P. 233] B & C
Pakistan Penal Code, 1860 (XLV of 1860)--
----S. 310--Value of moveable and immoveable property--According to S. 310, PPC, the word property includes moveable and immovable property, therefore, compensation equal to NISAB prevailing at time when compromise was effected after determining the value of moveable and immoveable property can also be paid.           [P. 233] D
Maulvi Anwar-ul-Haq, Attorney General for Pakistan, Mr. Muhammad Hanif Khatana, Addl. A.G. Punjab & Mr. Jawad Hassan, Addl. A.G. Punjab for in Attendance.
Date of hearing: 13.12.2011.
Order
The learned Attorney General for Pakistan as well as the learned Additional Advocates General, Punjab, have addressed their arguments on the questions framed by this Court.
2.  Mr. Bilal Siddique Kamyana, CPO Faisalabad, has submitted a report, according to which investigation is being conducted against the accused persons namely Rana Imran and others, who are allegedly involved in the case FIR No. 1015, dated 05.09.2011, under Sections 302, 148 and 149, PPC, PS Gulberg, Faisalabad, registered on the complaint of Shahid Ali, an electrician by profession, whose son Bilal aged about 12 years was allegedly murdered, when he alongwith the deceased and his nephew were engaged for electrification on the marriage function of Adnan Aslam.
3.  In respect of the allegation of the complainant that he was pressurized to enter into a compromise with the accused persons in lieu whereof he was initially paid Rs. 100,000/-; later on Rs.150,000/-, whereas an amount of Rs.400,000/- was not given to him against the total settlement of Rs.650,000/- but it was paid after taking notice by this Court. The bail of Rana Imran already granted to him in the said murder case in pursuance whereof he was allowed to be released on personal surety bond was cancelled, as against him (Rana Imran) and another, the complainant alleged that he was pressurized to enter into the compromise.
4.  It appears that a case under Section 214, PPC was also registered against four persons namely Ghulam Sarwar, Zafar Iqbal, Waheed Ahmed and Khawaja Islam. Statedly, on 06.12.2011, Ghulam Sarwar and Zafar Iqbal have been arrested, whereas the remaining accused persons namely Khawaja Islam and Waheed Ahmed have obtained bail from the High Court on 12.12.2011. When we have inquired from the learned Additional Advocate General as to why the remaining two persons have not been arrested, he stated that steps are being taken to do the needful. We have noticed that as far as Ghulam Sarwar and Zafar Iqbal are concerned, after their arrest, under Section 214, PPC they were entitled to be released on bail, which is bailable and non-compoundable offence. We prima facie are of the opinion that in view of the facts and circumstances, it seems to be a case of coercion, harassment and compulsion because after making the payment of Rs.250,000/- a cheque amounting to Rs.400,000/- was given to the complainant from the account of one Muhammad Ahmed for the purpose of entering into compromise and meanwhile the matter came before this Court, therefore, the remaining payment of Rs.400,000/- was made to the complainant.
5.  Be that as it may, it is for the investigating agency to conduct the case properly with full determination and commitment instead of unnecessarily allowing concession to the persons, if they are involved in the commission of offence. However, as far as Ghulam Sarwar and Zafar Iqbal are concerned, if they furnish surety bonds in the sum of Rs.10,000/- each they should be released on bail forthwith.
6.  Now turning towards the proposition of amount of DIYAT, it is to be noted that under Section 323 of PPC, the object and purpose of recovery of DIYAT amount is that the victim should be compensated according to the rate which is prevailing at the time when the compromise is effected. The learned Attorney General for Pakistan as well as the learned Additional Advocate General, Punjab, both have agreed that the date of compromise could be relevant for the purpose of determining the amount of compensation and not the date, when the offence was committed. In this behalf, reference is made to Abdul Ghafoor v. State (1992 SCMR 1218), Ali Sher v. State (1992 P.Cr.LJ 1583), Safdar Ali v. State (PLD 1991 Supreme Court 202), Niaz v. State (2009 P.Cr.J 1479). However, there is a judgment of Federal Shariat Court reported as Ali Dost v. State (2006 P.Cr.LJ 80) wherein fixation of amount of DIYAT and payment of amount of DIYAT in installments was allowed, but we are of the view that while delivering the judgment by the Federal Shariat Court, the judgments noted hereinabove, were not considered. The minimum rate of the compensation of DIYAT amount is to be fixed by the Court, according to the notification, issued by the Federal Government, on every financial year, therefore, we are not inclined to agree with the opinion expressed in the judgment of the Federal Shariat Court. However, following the law laid down by this Court, referred to hereinabove, we declare that as far as the amount of DIYAT is concerned, the same shall be determined according to the prevailing rate of DIYAT at the time when the compromise is effected, because it is the accused who actually requests the victim party to favour him and if, as a result, such favour is extended then according to the law, the payment of compensation should be determined and made at the rate prevailing at the time when the compromise is effected and executed by the Court.
7.  Now turning to the other question regarding moveable and immovable properties. In this behalf, it is to be noted that according to explanation to Section 310, PPC the word property includes both the moveable and immoveable property, therefore, compensation equal to NISAB prevailing at the time when the compromise is effected after determining the value of the moveable and immoveable property can also be paid.
8.  It is informed by the office that against the Judicial Officer, who had released the accused namely Rana Imran on his personal surety in a very casual manner, about whom the matter was referred to the learned Chief Justice, Lahore High Court, Lahore, disciplinary proceedings have already commenced.
9.  Thus, for the foregoing reasons, the matter stands disposed of with direction to the Court before whom the case is pending to dispose of the same expeditiously, as early as possible, but not later than a period of three months.
Disposed of.
(R.A.)  Case disposed of

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