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Dr. IRFAN IQBAL vs FEDERATION OF PAKISTAN through Secretary Ministry of Law, Justice and Parliamentary Affairs, Islamabad S — 2024 PLD 35 FEDERAL-SHARIAT-COURT

Case information

Citation
2024 PLD 35 FEDERAL-SHARIAT-COURT
Court
Federal Shariat Court
Year
2024
Reporter
PLD
Parties
Dr. IRFAN IQBAL vs FEDERATION OF PAKISTAN through Secretary Ministry of Law, Justice and Parliamentary Affairs, Islamabad S
Subject matter
Criminal
Provisions referred to
S. 21-F---C; S. 21-F; Anti-Terrorism Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Dr. IRFAN IQBAL VS FEDERATION OF PAKISTAN through Secretary Ministry of Law, Justice and Parliamentary Affairs, Islamabad S.21-F---Constitution of Pakistan, Art. 203D---Shariat petition---Provision of S. 21-F of Anti-Terrorism Act, 1997---Repugnancy to injunctions of Islam---Petitioner/accused contended that provision of S. 21-F of Anti-Terrorism Act, 1997 declining remissions to convict persons was violative of injunctions of Islam---Validity---Establishment of equity and justice in society is the corner stone of Islamic teachings and is part of belief of Muslims---Petitioner failed to produce verses of the Holy Quran which were relevant to the question that non-existence of remission under S. 21-F of Anti-Terrorism Act, 1997, to person convicted of terrorism was repugnant to the injunctions of Islam as laid down in the Holy Quran and Sunnah of the Holy Prophet (PBUH)---Different treatment of criminals, who are convicted for commission of acts of terrorism from the rest of criminals by not extending remissions to them, is not discriminatory under Islamic injunctions---In Islam punishments for different crimes are different depending on seriousness and heinousness of any crime---Terrorism is one of the most heinous natured crime in Islamic criminal justice system, therefore, its punishment is also very harsh and serious---Rigorous punishment prescribed in the Holy Quran for committing terrorism for ???? ?? ?????" ," is regarded as war against Allah and His Messenger (PBUH)---Parliament inserted S. 21-F in Anti-Terrorism Act, 1997 through Anti-Terrorism (Second Amendment) Act, 2013, and powers of the President of Pakistan were limited to grant remission to accused of offence of terrorism---By way of S. 21-F of Anti-Terrorism Act, 1997, Criminals who were punished for commission of any act of terrorism were separated from the rest of the criminals due to the gravity of crime of terrorism, which according to injunctions of Islam is the most heinous crime in society and has been considered as act of war against Allah and His Prophet (PBUH)---Federal Shariat Court declined to interfere in the matter as provision of S. 21-F of Anti-Terrorism Act, 1997 was not against injunctions of Islam---Shariat petition was dismissed in circumstances.

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