Dr. MOHAMMAD ASLAM KHAKI, ADVOCATE SUPREME COURT OF PAKISTAN vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice, Islamabad art — 2025 PLD 21 FEDERAL-SHARIAT-COURT

Case information

Citation: 2025 PLD 21 FEDERAL-SHARIAT-COURT
Court: Federal Shariat Court
Year: 2025
Reporter: PLD
Parties: Dr. MOHAMMAD ASLAM KHAKI, ADVOCATE SUPREME COURT OF PAKISTAN vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice, Islamabad art
Subject matter: Criminal
Provisions referred to: S. 7; Penal Code (XLV of 1860); Penal Code

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. MOHAMMAD ASLAM KHAKI, ADVOCATE SUPREME COURT OF PAKISTAN VS FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice, Islamabad art. 203D---Penal Code (XLV of 1860), Ss. 496-B & 496-C [as inserted by S. 7 of Protection of Women (Criminal Laws amendment) act (VI of 2006)]---Shariat petition---Fornication and false accusation---Repugnancy to Injunctions of Islam---Petitioner assailed provisions of Ss. 496-B & 496-C, P.P.C., as un-Islamic---Validity---all those sections which were introduced in Penal Code, 1860, by virtue of Protection of Women (Criminal Laws amendment) act, 2006, were primarily considered as Islamic for either akin, auxiliary, analogous or supplementary to or germane with Hudood Offences, hence were declared to be included within the scope of term "Hudood"---as a consequence of such declaration, it was decided that appeal against a decision/judgment of any case by Trial Court involving section in question shall lie to Federal Shariat Court under art. 203DD of the Constitution---Federal Shariat Court in its earlier judgment clearly defined term "Hudood" which included those offences which were introduced by Protection of Women (Criminal Laws amendment) act, 2006, in Penal Code, 1860---Federal Shariat Court declined to interfere in the matter which had already been decided earlier and was subject matter of appeal pending before Shariat appellate Bench of Supreme Court---Shariat petition was dismissed, in circumstances.

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