1. The petitioner who is a complainant in case FIR No, 350/2003 dated 30.12.2003 under Section 377 PPC read with Section 12 of the Offence of Zina (Enforcement of Hadood) Ordinance, 1979 registered with Police Station Gaggo District Vehari is aggrieved of the order passed by Addl: Sessions Judge, Burewala, whereby application moved by him for re-summoning of the witnesses was turned down by the learned Addl: Sessions Judge on 5.10.2005. On 12.10.2005 when this petition came up for, hearing pre-admission notice to Respondents Nos, 2 to 5 were ordered to be issued and it was directed that Mr. Abdul Razzak Solehria Advocate, Burewala shall also appear in person to explain the position. It was further directed that DDA who appeared before Mr. Muhammad Ashraf Gill, Addl: Sessions Judge, Burewala on 2.4.2005 shall also appear on the said date. On 12.10.2005 request for dispensing with the appearance of Mr. Abdul Razzak Solehria Advocate was made as, according to the learned counsel, Mr. Abdul Razzak Solehria Advocate was unable to move on account of fracture in his leg. Even otherwise in view of the order I propose to pass in this petition his appearance is no more required. Mr. Anwar Ali, DDA appeared on 25.10.2005 and case was adjourned for 26.10.2005, he is also present today.
2. On 25.10.2005 an objection about the maintainability of this petition before this Court was raised by Mr. Altaf Ibrahim Qureshi Advocate learned counsel for Respondents Nos 2 to 5 on the ground that this Court has got no jurisdiction to entertain this petition in view of inclusion of Section 12 of Offence of Zina (Enforcement of Hadood) Ordinance and in terms of Art. 203-A of the Constitution of Pakistan which has the over riding effect High Court has no jurisdiction to entertain any proceedings or exercise any power or jurisdiction in respect of matters within the powers or jurisdiction of Federal Shariat Court. In support of his contention reliance has been placed in the case of "Dr. Munawar Hussain vs. Dr. Muhammad Khan, District Health Officer, Sargodha and 2 others" (PLJ 2005 SC 64).
2. 3.On the other hand Mr. Muhammad Arif Alvi Advocate appearing on behalf of the petitioner submits that as the impugned order was passed in the procedural jurisdiction, hence this Court is not debarred from entertaining this petition. Reliance has been placed on 'Mst. Sarwar Jan us. Ayub and another" (1995 SCM R 1679) and 'Muhammad Aslam and another vs. The State' (2004 YLR 2021).
3. 4.I have considered the arguments of both the learned counsel for the parties.
4. 5.Admittedly Art 203-A of the Constitution of Islamic Republic of Pakistan exclusively Bars High Court to entertain any proceeding or exercise any powers or jurisdiction in respect of matters exclusively falling within the jurisdiction of the Federal Shariat Court. This petition is not maintainable before this Court being barred by Art. 203-A of Constitution of Islamic Republic of Pakistan. The same is accordingly disposed of being incompetent. The petitioner may, if so advised, approach the Federal Shariat Court for seeking redressal of his grievance.
5. 6.So for as the presence of Mr. Anwar Ali Deputy District Attorney is concerned since this Court has got no jurisdiction to entertain this petition, no further order is called for in this petition.
6. 7.Learned counsel for the petitioner submits that he be allowed to get back the certified copies of the documents annexed with this petition. The office shall return the documents after retaining photo-copies of such documents.