Stance cannot be changed if AG is changed on jurisdiction of FSC in interest system case: FSC

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ISLAMABAD, Dec 21 (Online): Federal Shariat Court (FSC) while hearing cases against the usury system has observed Attorney General (AG) can not change his stance on the jurisdiction of the court.

A 3-member bench of WSC presided over by Chief Justice (CJ) Muhammad Noor Meskanzai took up for hearing petitions filed by Jamaat-e-Islami (JI) and other religious parties Monday.

The court remarked Attorney General (AG) has taken clear stance that this court has jurisdiction to hear the cases against interest system. Now he cannot change his stance. If AG does not file reply then it will be considered that you don’t want to give reply.

The court remarked the case is pending hearing since 18 year and we can not prolong it further. State Bank could not file reply on this hearing despite court’s directives.

At the inception of hearing advocate Aslam Khaki appeared before the court taking the plea the questionnaire issued by the court be also issued to him. AG has now changed his stance.

Chief Justice (CJ) remarked this court had earlier provided a questionnaire and the parties concerned had filed their reply. Now a new questionnaire has been given by this bench. The parties concerned should file their replies in the court on this questionnaire now.

The CJ further remarked the stance cannot be changed if AG is changed.

The law officer took the plea during the hearing that he does not say that AG has c hanged his stance However AG has said he himself wants to appear before the court and present his stance. Therefore, the hearing of the case be adjourned.

The court while expressing annoyance over it remarked it was directed during the previous hearing that information be obtained from finance division and be presented in the court.

The law officer said that time be given to make preparations on all respect and hearing of the case be adjourned till the end of January.

CJ remarked the hearing is being adjourned on your request. If you fail to give reply during this period then it will be considered you don’t want to give reply. AG has taken clear stance before this court he can not change his stance now. You have to be accountable in this world and it is important matter in the hereafter.

The court remarked what information has been sought by it be provided.
JI leader Professor Ibrahim said the case could not be fixed for hearing from 2002 t0 2015. The hearing of this case is continuing since 2015 but it is not moving ahead. No reply has come from AG. Several hearings have lapsed. Now the court should move ahead. This court should now go to the definition of rabba and interest which is pivot of this case.

Professor Ibrahim while assisting the court said the court can take help from its orders given in previous decision.

CJ remarked one decision has been cancelled then how can we implement it. The bench which had heard this case is not existing. When government stance comes then all the parties concerned should submit their stance.

The law officer said no one can go against the Islamic system. However AG will present his stance.

It was told to the court Suleman Akram Raja counsel for State Bank will reach here within some time.

The court announced interval.
Suleman Akram Raja took the plea that he has talked to AG. AG said the court will be provided assistance with mutual consultations. Time be given so that a joint strategy be evolved after consultation with the AG.

The court while accepting AG office plea adjourned the hearing of the case till January 21.

The court also maintained in its order that headway made in the ongoing legislation for elimination of interest system be informed to the court. The stance of ministry of finance be also presented in the court.

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