Women Protection Act 2006: SCBA member to challenge FSC decision in Supreme Court -Pakistan Press Foundation (PPF)

Paksitan Press Foundtion

Women Protection Act 2006: SCBA member to challenge FSC decision in Supreme Court

ISLAMABAD: A lawyer has decided to challenge the decision of the Federal Shariat Court (FSC) on the Women Protection Act 2006 in the Supreme Court.

Talking to Daily Times, Supreme Court Bar Association (SCBA) executive member Aslam Ghumman said the FSC order was illegal because it had no authority to determine
its jurisdiction.

“Under Article 199, it is the power of high courts to declare the validation of laws,” he said.

He said only objective of the FSC was to examine and determine whether a law is in conformity with Shariah, adding that the FSC did not touch those sections of the WPA 2006 which he had earlier challenged. He said the FSC ruling was silent on sections 5, 6 and 7 that he had challenged.

The FSC declared the several sections of the Women Protection Act 2006 as violative of the Shariah. According to the judgement, sections 11, 25, 28 and 29 of the act are contradictory to the article 203DD of the constitution because these provisions annul the overriding effect of the Hudood Ordinance, 1979.

The court also declared section 25 of the Anti-Terrorism Act 1997 as against Article 203DD of the constitution.

The court also said that some portions of sections 48 and 49 of the ‘Control of Narcotic Substances Act, 1997’ were violative of the provisions contained in Chapter 3A of Part VII of the constitution.

Source: Daily Times

Date:1/2/2011