' JUSTICE. AFTAB HUSSAIN (CHAIRMAN).-The petitioner has challenged Article 10 of Martial Law Regulation No, 115 which provides that no person who is or has been in the civil service of Pakistan and has at any time between the 1st January, 1959, and two years of his ceasing to be in civil service, acquired any land or any right or interest therein, by any means whatever either in his own name or in the name of any of his heirs or any other person, shall own or possess any land exceeding one hundred acres.
2. The petitioner's contention is that this Article is against the principle of equality in Islam, since by the other provisions of this Regulation a much larger area has been allowed to remain with land owners who are not or have not been in the civil service of Pakistan.
3. We have already held in Hafiz Muhammad Amin v. The Islamic Republic of Pakistan (1) that the provisions of this Regulation, which relate to the ceiling or land ownership or provide for acquisition of surplus area by the Government are constitutionally protected, and it is not within the jurisdiction of this Court to go into their vires, even in the light of the Holy Qur'an and Sunnah of the Holy Prophet (p. b. h.). Moreover, the question raised by the petitioner in fact relates to the fundamental rights, particularly this right relating to the equality of all citizens before the law and hence this Court is not the proper forum to resolve this matter. The petition is according! Dismissed.