November 10, 2003	Monday	Ramazan 14, 1424

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ISLAMABAD, Nov 9: The Federal Shariat Court has issued pre-admission notice to the federation of Pakistan on a constitutional petition challenging certain sections of the Anti Terrorism Act and Suppression of Terrorist Activities Act, seeking the right of appeal to the private complainant.

Petitioner Bukhari Shah stated that the provisions of Section 25 of the Anti Terrorism Act 1997, and Section 7 of the Suppression of Terrorism Activities (Special Courts) Act 1975, were repugnant to the injunctions of Islam as contained in the Holy Quran and Sunnah of Prophet Mohammad (PBUH) to the extent that the provisions did not provide the right of appeal to the private complainant or aggrieved person against the order of the acquittal.

The petitioner stated that the Pakistan Penal Code recognized the right of the victim or a wali to demand the punishment of Qisas to be meted out to the accused and to compound offences by accepting Diyat.

The Islamic law, the petitioner stated, conferred the right on wali to demand Qisas in the Holy Quran and Sunnah of Prophet Mohammad (PBUH).

The Shariat court full bench, after the hearing the counsel for the petitioner, issued pre-admission notice to the federation.

The petitioner sought direction from the court to the federation through the federal secretary of law and justice Islamabad to amend Section 25 of ATA and Section 7 of the STA analogous with sub-section (2-A) of Section 417 of the Criminal Procedure Code so as to provide the right of appeal to the private complainant or aggrieved person.