ISLAMABAD: The Federal Shariat Court (FSC) on Wednesday declared amendments incorporated in the Hudood Ordinance by the previous regime through Protection of Women Act (PWA) 2006 un-Islamic and unconstitutional and directed the federal government to take necessary steps to amend the impugned laws in conformity with the holy Quran and the Sunnah.
Announcing its verdict reserved on November 23, a three-member bench comprising Chief Justice Agha Rafiq Ahmed Khan, Justice Afzaal Haider and Justice Shahzado Sheikh, declared that sections 11, 25, 28 and 29 of the PWA (Criminal Laws Amendment) 2006 violated Article 203DD of the constitution as these provisions annulled the overriding effect of the Hudood Ordinance 1979.
The court also declared Section 25 of the Anti-Terrorism Act 1997 against Article 203DD. The court directed its office to send copies of the judgement to the federal government, the four provincial high courts and the Islamabad High Court for information, necessary action and compliance. The court held that these sections would cease to be effective from June 22, 2011 and the judgement will also stand operative on the same day.
The court ruled that all those offences whose punishments are either prescribed or left undermined, relating to acts forbidden or disapproved by the holy Quran and the Sunnah, including all such acts which are akin, auxiliary, analogous or supplementary to or germane with the Hudood offences as well as preparation or abetment or attempt to commit such an offence and as such made culpable by legislative instruments would without fail be covered by the meaning and scope of the term Hudood.
The court declared that FSC’s jurisdiction in matters relating to Hudood under Article 203DD of the constitution is exclusive and pervades the entire spectrum of orders passed or decisions given by any criminal court under any law relating to the enforcement of Hudood and no other court is empowered to entertain appeal, revision or reference in such cases.
