Shariat Court issues pre-admission notice on J. Salik petition.
12 Nov 2002
Islamabad. Nov.11: A full bench of Federal Shariat Court today issued Pre-admission notice to the Federation and Election commission of Pakistan on J.Salik's petition challenging election law by which the nominees of political parties occupy the re
The bench comprised Chief Justice Fazal Elahi Khan, Allama Justice Fida Mohammad Khan and Mr Justice Ijaz Yusaf.
The petitioner's counsel Dr M.Aslam Khaki referred to verses of The Holy Quran on Adl which ordained equality before law and contended that while Muslims elected their own representatives, the Non-Muslims minorities have been left at the mercy of political parties.
This is for the first time in the history of Pakistan that a Christian has knocked at the door of Shariat Court to examine the electoral procedure recently laid down for the minorities on the touchstone of Islam/Shariah.
Briefly addressing the court personally J.Salik said he had begged justice from the Shariat Court after having withdrawn his petition from the Supreme Court.
J.Salik said he had been elected five times as independent candidate to represent the Christian minority. It was in the interest of national solidarity that minorities should have been kept out of partisan bias and prejudices.
J.Salik said this was for the first time that in democratic institutions like Parliament and Provincial legislature seats were being filled through undemocratic manner. There was no election. There were no ballot papers, no votes were cast. The will of the minorities was in no way ascertained. There was selection to man reserved seats for the minorities.
The court broadly agreed with the petitioner's contention but queried whether the impugned election laws 2002 were the constitutional provision or a law subservient to it. It also inquired whether any specific injunction of Islam had been infringed to decide whether the Federal Shariat Court had the jurisdiction to hear the petition.
Dr Aslam Khaki contended that the said provisions were against Islam as the Holy Quran says "Allah ordains you to handover the trust to its eligible people" and that "The enmity of a nation may not lead you to do injustice with them".
He argued that in this case the minorities have the right to hand over their trust/vote to the persons of their choice.
On a query by the court whether there was any specific verse of the Holy Quran to which the impugned election law 2002 was repugnant the counsel for the petitioner Dr M.Aslam Khaki replied that the same was provided by finding the cause/Illat in the law. He said as there was no text of law on prohibition of heroin but it was prohibited due to the common quality of intoxication between heroin and wine.
The court issued pre-admission notice to the respondents.