ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Jail Appeal No. 31 of 2014

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DATE ORDER WITH SIGNATURE(S) OF JUDGE(S)

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1) For orders on M. A. No.925 of 2014

2) For Katcha Peshi

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17.02.2014

Mr. Abdullah Rajput, Assistant Prosecutor General Sindh

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Appellant Muhammad Siddique S/o Muhammad Rafiq was tried by learned Additional Sessions Judge V, Karachi, West in Session Case N.513 of 2006 in Crime No.139 of 2006 under Sections 302/34 PPC, Section 11 and 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979, registered at P.S. Pakistan Bazar. After full dressed trial, above named Appellant was found guilty for offence under section 302 PPC and under Section 10(3) of Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979. Appellant was convicted under section 302 PPC and sentenced to death. He was also convicted under Section 10(3) offence of Zina Enforcement of Hudood Ordinance, 1979, and sentenced to 25 years R.I. Trial Court made reference to this Court for confirmation of death sentence under Section 374 Cr.PC.

2. Convicted Appellant sent a memo of Appeal through Superintendent, Central Prison, Karachi, through his letter No.JB/159, dated 03.01.2014 against the Judgment dated 28.11.2013, detailed above. Appeal was barred by time. It was fixed in the Court for orders. From the perusal of the aforesaid Judgment, it transpired that Appellant has been convicted under section 302 PPC and sentenced to death and he has been convicted under Section 10(3) offence against Zina (Enforcement of Hudood) Ordinance, VII of 1979 and sentenced to 25 years R.I.

3. Under Article 203-DD of the Constitution of Islamic Republic of Pakistan 1973, Revisional and other jurisdictions have been conferred to the Federal Shariat Court relating to enforcement of Hudood as under:-

“203-DD.—Revisional and other Jurisdiction of the Court: (1) The Court may call for and examine the record of any case decided by any criminal Court under any law relating to the enforcement of Hudood for the purpose of satisfying itself as to the correctness, legality or propriety or any finding, sentence or order recorded or passed by, and as to the regularity of any proceedings of, such Court and may, when calling for such record, direct that the execution of any sentence be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.

(2) In any case the record of which has been called for by the Court, the Court may pass such order as it may deem fit and may enhance the sentence;

Provided that nothing in this Article shall be deemed to authorize the Court to convert a finding of acquittal into one of conviction and no order under this Article shall be made to the prejudice of the accused unless the has had an opportunity of being heard in his own defence.

(3) The Court shall have such other jurisdiction as may be conferred on it by or under any law.

4. The offence of the Zina is covered by the term “Hudood” as contemplated by Article 203-DD of the Constitution. Appeal or Revision against any order, final or interim, passed by any criminal Court under any law with regard to the proceedings connected with or ancillary to or contributing towards commission of any of the above mentioned offence shall not be entertained by any Court other than by Federal Shariat Court. Therefore, we hold that Federal Shariat Court has exclusive jurisdiction to entertain the instant Appeal. Reliance can be placed on the case of Abdul Razzak Aamir versus Government of Islamic Republic of Pakistan, reported in PLD 2011 FSC 1. Therefore office is directed to return the memo of the Appeal and copy of impugned judgment to the Appellant through concerned Jail Superintendent for presenting the same before the Federal Shariat Court, in accordance with law.

Let a copy of this order be sent to the trial Court for information.

JUDGE

Gulsher/PA