ISLAMABAD, Nov 1: In a dramatic development that may caste a shadow on the entire debate on Hudood laws, the Supreme Court was told on Wednesday that its Shariat Appellate Bench was already seized with an appeal for the last 16 years against the Federal Shariat Court’s order of virtually striking down certain provisions of Offence of Zina (Enforcement of Hudood) Ordinance 1979 for being repugnant to Islam.
Attorney-General Makhdoom Ali Khan said before a three-member bench that the validity of Hudood ordinance was under challenge before its Shariat Appellate Bench in the 1989 Rashida Patel case. Besides, the entire law was also in the process of re-examination since a select committee of the National Assembly had finalised a draft bill suggesting certain amendments to the controversial ordinance.
The bench was left with no choice but to postpone further hearing by asking the attorney-general to examine all aspects of the issue and then make submission before it along with Malik Mohammad Qayyum and Babar Awan, who have been asked by the court to assist in the matter as amicus curiae (friend of the court).
At the last hearing the bench had decided to determine whether the Shariat Appellate Bench of the Supreme Court has the jurisdiction to decide cases involving innocent girls, who are kidnapped and prosecuted against as adulteresses when they become pregnant.
The bench comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Mohammad Nawaz Abbasi and Justice Saiyed Saeed Ashhad was hearing a case of Nazia, a 13-year-old girl who was allegedly kidnapped and raped by one Zahoor Ahmad and became a mother of an illegitimate child.
Later Advocate Ibrahim Satti, the counsel of Rashida Patel, former chairperson of All Pakistan Women’s Lawyers Forum explained to reporters that the client had challenged the hudood ordinance before the FSC, which partly accepted her contention that certain provisions of the ordinance were un-Islamic and against the Holy Quran and Sunnah.
In 1989, a five-member FSC bench comprising the then Chief Justice Gull Mohammad Khan, Justice Mufti Syed Shujat Ali Qadri, Justice Muftkhairuddin, Justice Ibadat Yar Khan and Justice Allama Dr Fida Mohammad Khan had recommended the then president to take effective steps and amend sections 8 (proof of zina or zina-bil-jabr liable to hadd), 9(4) (case in which hadd shall not be enforced) and 10 (zina or zina-bil-jabr liable to tazir) of the hudood ordinance in the light of its recommendation before February 1990 otherwise its recommendation would become operative.
However, both the federal government as well as Rashida Patel challenged the FSC order before the Shariat Appellate Bench of the Supreme Court the former seeking annulment of the order while the later asking to declare the entire law as un-Islamic.
Referring to the Nazia case, Punjab Additional Advocate-General Khadim Hussain Qaiser told the court that the Punjab IGP had constituted a committee headed by SSP (Investigations) Lahore Chaudhry Shafqat Ahmed to launch a probe.
Meanwhile, Ms Shazia, the mother of Nazia, told the bench that Inspector Anser Abbas, the investigating officer had forcibly took the minor girl to record a statement before a magistrate and kept the girl in Darul Aman and also threatened her of dire consequences as if to help the accused.
However, AAG stated that the statement of the minor had no legal value besides the inspector had also been suspended and would also face severe punishment.
The court directed SSP Shafqat to personally supervise the trial before the court while the trial court was directed to proceed without being prejudiced to the apex court proceedings.
The Supreme Court also recalled its suspension order against Superintendent Police (Investigation) Lahore Ali Arsalan and former SP Lahore Dr Inam for poor handling of the case by accepting their unqualified apologies they tender before the bench. The court ordered that their suspension should not reflect in their service record.
They have been asked to be careful in future and the court allowed them to serve in the province of Punjab.
