' JUSTICE MUHAMMAD AFZAL ZULLAH, CHAIRMAN.-These two Miscellaneous Appeals under Order V, rule 3 read with Order V, rule 1(6) of the Supreme Court Rules are directed against the refusal, dated 8-2-1984 of the Registrar of this Court to entertain two direct Shariat Appeals filed under Article 203-F-1 on the following ground :- "The appellants were tried, convicted and sentenced by a Special Military Court. Therefore, the appeal is not entertainable under the provisions of the Provisional Constitution Order, 1981. Returned to Mr. Jan Muhammad Khan, A.
0. R."
When questioned in this behalf learned counsel explained that the appellants had no intention of challenging the conviction recorded by the Military Courts, nor the provisions or effect of any M. L. R.
Or M. L.
0. Or P.
0. Are involved in the case. Nor they will be brought under discussion. He has explained that the law relating to execution of death in the Cr. P. C. And the rules/directions including the Jail Manual insofar as they do not make provision for taking note of the compromise in murder cases, were sought to be declared against the injunctions of Islam as contained in the Qur'an and Sunnah. He has also relied on the precedent case of Zahir Shah v. The State (Shariat Petition No, 4-P of 1981), decided by the Federal Shariat Court under Article 203-D of the Constitution on 6-4-1982.
' After the clarification made by the learned counsel regarding the point to be raised in the appeals, the grounds mentioned by Registrar for not entertaining the appeal do not exist any more.
These appeals are allowed with the direction that the original appeal returned earlier should be entertained and registered.