Case ID |
1567f404-27cf-4132-886e-24791c1ffd1b |
Body |
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Case Number |
Writ Petition No. 660/R of 1979 |
Decision Date |
Jul 11, 1993 |
Hearing Date |
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Decision |
The Lahore High Court dismissed the constitutional petition filed by Muhammad Afzal against the order of the Joint Secretary, Ministry of Religious and Minority Affairs, which affirmed the disputed property as evacuee trust property. The court found that the nature and character of the property had been thoroughly examined in previous decisions, and the revision petition was rightly rejected. The court noted that the provisions under which the property was declared evacuee trust property had been declared repugnant to the Injunctions of Islam by the Federal Shariat Court, and an appeal against that decision was pending in the Supreme Court. Consequently, the court ruled that the order would be subject to the Supreme Court's decision, thus disposing of the writ petition. |
Summary |
This case revolves around the legal status of a property claimed as evacuee trust property under the Evacuee Trust Properties (Management and Disposal) Act of 1975. The petitioner, Muhammad Afzal, contested the order affirming the property's status as evacuee trust property, arguing that the relevant sections of the law had been declared repugnant to Islamic injunctions by the Federal Shariat Court. The Lahore High Court, presided by Justice Shaikh Abdul Mannan, emphasized the thorough examination of the case's documents and previous rulings. The court highlighted the ongoing appeal in the Supreme Court regarding the Federal Shariat Court's decision, ultimately determining that the petitioner's claims could not override the existing legal framework until a resolution was provided by the Supreme Court. This case underscores the complexities of property law in Pakistan, particularly concerning religious and historical claims, and reflects ongoing legal debates about the intersection of secular law and religious principles. |
Court |
Lahore High Court
|
Entities Involved |
Not available
|
Judges |
SHAIKH ABDUL MANNAN, J
|
Lawyers |
Ch. Muhammad Altaf,
Kh. Abrar Majal,
Ch. Fazali Hussain
|
Petitioners |
MUHAMMAD AFZAL
|
Respondents |
JOINT SECRETARY, MINISTRY OF RELIGIOUS AFFAIRS AND MINORITY AFFAIRS, GOVERNMENT OF PAKISTAN, ISLAMABAD,
Riasat Ali
|
Citations |
1994 SLD 1154,
1994 CLC 218
|
Other Citations |
Mufti Iftikharuddin v. Federal Government PLD 1992 FSC 189
|
Laws Involved |
Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975),
Constitution of Pakistan (1973)
|
Sections |
8,
10,
199
|