Case related to interest: 'AGP could not change stance regarding jurisdiction of FSC'

ISLAMABAD: The Federal Shariat Court (FSC) on Monday said the attorney general for Pakistan (AGP) could not change stance regarding jurisdiction of the FSC to hear case related to "interest".

A three-judge bench of the FSC, headed by Chief Justice Muhammad Noor Meskanzai, heard the petitions of Jamaat-e-Islami (JI) and others. Justice Meskanzai said the attorney general could not change his position regarding hearing of this case by the FSC.

He said the case had been pending for the last 18 years; therefore, it could not be delayed further. The attorney general had clearly taken the position that this court has the jurisdiction to hear the matter; therefore, he cannot change his position now.

If the federal government does not file a reply then the bench would be deemed that it has nothing to defend, said the chief justice. At the outset of the hearing, the bench was informed that despite its order the State Bank of Pakistan (SBP) has not submitted the written reply.

Advocate Islam Khakki, another petitioner, informed the bench that still he had not received the questions raised by the court. He said, according to his information, the attorney general for Pakistan has changed his position regarding the jurisdiction of this court to hear the case.

The chief justice said the court had already obtained the consent of all the parties, including the federation and all the four provinces about this matter. He said now all the parties, including the federation, have to give their input on the questions raised by this court in the last hearing. The chief justice noted that with the change of person the attorney general office does not change.

Prof Ibrahim, leader JI, argued that this case could not be heard from 2002 to 2015, adding the proceeding of this case resumed in 2015 but since then no progress had been made in the case as the federation still has not filed the reply on their petition.

He requested the bench to define the terms "interest" and "Riba".

Prof Ibrahim said the court could take assistance from its previous orders to decide the case.

Upon that, the chief justice remarked that one of its orders had been cancelled, adding this was not the same bench which had heard the matter earlier. He said after the government's stance the other parties would present their point of views.

The additional attorney general counsel told the bench no one can go against the Islamic system. He, however, said that the AGP wanted to make a submission on the instant matter.

Salman Akram Raja, representing the State Bank of Pakistan sought more time for filing a reply. The court on his request adjourned the case until January 21st, 2021.

Copyright Business Recorder, 2020