LAHORE: The Lahore High Court (LHC) on Monday dismissed a petition demanding it to declare a provision of the Election Act 2017, which prohibits a candidate from threatening voters with divine displeasure or disapprobation of any saint, against the Islamic injunctions.

Fahad Aziz, a resident of Sheikhupura, had filed the petition challenging the vires of Section 170(a)(iii) of the Act on the ground that the same was repugnant to injunctions of Islam.

The section 170 restrains a candidate from exercising undue influence on voters and its sub-clause (a)(iii) prohibits “calling down or threatening to call down divine displeasure or the displeasure or disapprobation of any saint or peer”.

The petitioner’s counsel, Sajid Ali Sandhu, argued that the impugned section of the election law was in violation of fundamental rights as it curbs the freedom to profess religion and the commands of Allah. He said the provision was against the will of Islam and contrary to Islamic teachings besides in violation of the Constitution.

Justice Raheel Kamran Sheikh observed that the jurisdiction to declare any law repugnant to the injunctions of Islam exclusively lay with the Federal Shariat Court under Article 203-D of the Constitution.

The judge noted that the Constitution provides that no court or tribunal, including the Supreme Court and a high court, shall entertain any proceedings or exercise any power or jurisdiction in respect of any matter within the jurisdictions of the Federal Shariat Court.

The judge dismissed the petition being not maintainable.

Published in Dawn, September 12th, 2023