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SC disposes of case challenging election system as 'Un-Islamic'

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The petition questioning the Islamic validity of the electoral system was filed 36 years ago, in the late 1980s.

ISLAMABAD (Dunya News) - The Supreme Court has disposed of a decades-old case related to declaring Pakistan’s electoral system “un-Islamic,” after allowing the federal government to withdraw its pending appeals.

A five-member Shariat Appellate Bench, headed by Justice Shahid Wahid, heard the case on Thursday. During the proceedings, the Additional Attorney General informed the bench that the legal framework questioned by the Federal Shariat Court no longer exists, as those laws have already been repealed.

He argued that the Election Act 2017 is currently the operative legislation governing the electoral process in Pakistan, replacing earlier provisions that were under challenge. “Since the appeals are no longer effective, we seek permission to withdraw them,” he maintained.

Following the statement, the Supreme Court accepted the federal government’s request and declared that the matter stood settled. With this order, a long-standing legal dispute was formally closed.

It is pertinent to note that the petition questioning the Islamic validity of the electoral system was filed 36 years ago, in the late 1980s. The federal government had subsequently challenged the verdict of the Federal Shariat Court in 1989 by filing multiple appeals before the Supreme Court. However, due to legislative changes over the years, the appeals ceased to hold relevance.

By granting the request to withdraw, the apex court has effectively ended the prolonged legal battle, bringing the case to a conclusion more than three decades.  

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