Federation of Pakistan

VS
NWFP Government
(PLD 1990 SC 1172)

By Bilal Showkat Khan

 BACKGROUND
 Changes in provisions for Qisas and Diyat

 Was to take effect on 23rd March,1990

 Federation of Pakistan VS Gul Hassan

Khan case declared provisions repugnant
on 5th July, 1989

 Review Petition filed in Supreme Court

 ATTORNEY GENERAL
 Ordinance relating to enforcement of
Qisas and Diyat has been drafted
 Ordinance to be promulgated by 5th
Sep,1990
 Will be enforced by 12th Rabi-Ul-Awwal,
1411 A.H
 This is to prevent any chaos in
administration of criminal justice
 LEGAL PRINCIPLE

 The constitution of Pakistan is based on

teachings of Quran and Sunnah. Hence,
the main source of guidance and
enactment of laws should be derived
from Islamic teachings
 VERDICT
 New ordinance to be promulgated by
5th Sep,1990
 All provisons to be enforced by 12th
Rabi-Ul-Awwal, 1411 A.H
 If not enforced by 12th Rabi-Ul-Awwal,
1411 A.H, then injunctions of Islam as
contained in Quran and Sunnah,
relating to Qatl and Jurh shall be
deemed to be law on the subject.
 SIGNIFICANCE

 Significane of Islam in the consitution

 Any changes to be aligned with Islamic
Tachings in the future