NADEEM SIDDIQUI vs ISLAMIC REPUBLIC OF PAKISTAN Ss — 2023 PLD 283 FEDERAL-SHARIAT-COURT

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NADEEM SIDDIQUI VS ISLAMIC REPUBLIC OF PAKISTAN Ss. 28, 29 & 30---Constitution of Pakistan, Art. 203-D---Shariat petition---Impugned law already repealed---Rights of Corporation in cases of default---Power to call for payment before agreed period---Repugnancy to Injunctions of Islam---Plea of petitioner that S. 28 of the House Building Finance Corporation Act, 1952 ("Act of 1952") gives unfettered power to the House Building Finance Corporation ("Corporation") to sell out the house of a borrower in case of default in repayment of the loan amount, which renders the Corporation into a money lender engaged in usury, which is forbidden by the express command of the Holy Quran; that similarly, S. 29 of the Act of 1952 is un-Islamic as it gives absolute right to the Corporation to direct the borrower to repay the whole loan amount, in case the borrower fails to pay even one installment; that likewise, S. 30 of the Act of 1952 is also repugnant to the injunctions of Islam as it restricts the borrower's rights towards his mortgaged property---Validity---House Building Finance Corporation Act, 1952 ("Act of 1952") had already been repealed vide the House Building Finance Corporation (Repeal) Act, 2018 ("Act of 2018"), dated 24-05-2018---However, perusal of the repealing law revealed that the nomenclature of the law, which was to be repealed, was wrongly mentioned as "The House Building Finance Corporation (Repeal) Act, 1952 (XVIII of 1952)" instead of "The House Building Finance Corporation Act, 1952 (XVIII of 1952)"---Law Officer informed that Federal Shariat Court that the mistake had been rectified, and the expression "(Repeal)" in S. 2 of the House Building Finance Corporation (Repeal) Act, 2018 was omitted by way of a Corrigenda issued by the Senate Secretariat dated 01-11-2022---Since the impugned law had already been repealed, therefore, the present Shariat petition became infructuous and was accordingly dismissed. Head NotesCase Description Citation Name: 2023 PLD 283 FEDERAL-SHARIAT-COURTBookmark this Case NADEEM SIDDIQUI VS ISLAMIC REPUBLIC OF PAKISTAN Legislative drafting---Mistake---State cannot afford even the slightest error in drafting of laws, as it may cause serious legal complications---Mistake of only one word, in a legislation, may defeat its very purpose---Federal Shariat Court directed Secretary Law and Justice to ensure special care in legislative drafting. Head NotesCase Description

NADEEM SIDDIQUI vs ISLAMIC REPUBLIC OF PAKISTAN Ss — 2023 PLD 283 FEDERAL-SHARIAT-COURT

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