1. ' I intend to decide the following writ petitions by one consolidated order having similar facts and law:--- ' W.P. No,12403 of 2001; W.P. No,12404 of 2001 and W.P. No,12405 of 2001.
2. The brief facts out of which the present writ petitions arise are that the petitioner secured loan from respective respondents. Agreements were also executed respondents. Agreements were also executed between the petitioners and respective respondents. According to the terms and conditions of agreements the petitioners have to repay the loan to respective respondents in easy installments.
3. The learned counsel for the petitioners submit that petitioners had already repaid loan to the respective respondents more than principal amount and remaining amount claimed by respective respondents is interest/Riba which has already been declared unlslamic by superior Courts. In support of their contentions they relied upon the following judgments:- ' Muhammad Aslam Khaki's case (PLD 2000 SC 225) and Mehmoodur-Rehman's case (PLD 1992 FSC 1).
2. ' He further relied upon admission order passed in I.C.A. No,175 of 2000 and admission orders passed in W.P. No,2839 of 2000 and W.P. No,3939 of 1999 R.W.P. Submits that petitioners approached the respective respondents to discharge their liabilities in easy installments. They further urged that action of respondents is not valid and is in violation of mandatory provisions of H.B.F.C. Act, S.B.F.C.
3. And Banking Laws. They further submit that respondents failed to give benefit to the petitioners under the incentive schemes issued by respective respondents off and on; that respondents failed to provide statement of accounts to the petitioners. The respondents without lawful authority demanded the interest from the petitioners and issued demand notice to the petitioners. The respondents failed to consider the request of petitioners to discharge their liabilities in easy installments. The petitioners' counsel further submits that incentive scheme issued by the respondents is hit by Article 25 of the Constitution as the incentive scheme issued by respondents which reveals that respondent had given benefit to the persons who did not pay a single penny whereas the petitioners had repaid huge amount to the respondents. He further submits that World Bank and I.M.F. Put the whole world in trouble by introducing interest base loan; that it was observed by the Founder of Pakistan in his lifetime that we should not follow the economy system of the West but unfortunately the nation did not follow the foot print of Founder of Pakistan. In support of his contention he has relied upon following passage from the Book of Jinnah creator of Pakistan of Hector Bolitho : "The economic system of the West has created almost insoluble problems for humanity, and to many of us it appears that only a miracle can save it from the disaster that is now facing the world.
4. It has failed to do justice between man and man and to eradicate friction from the international field. On the contrary, it was largely responsible for the two world wars in the last half century. The Westren world, in spite of its advantages, of mechanization and industrial efficiency, is today in a worse mess than ever before in history. The adoption of Western economic theory, and practice will not help us in achieving our goal of creating a happy and contended people. We must work our destiny in our own way, and present to the world an economic system based on the true Islamic concept of equality of mankind and social justice. We will thereby be fulfilling our mission as Muslims and giving to humanity the message of peace which alone can save it and secure the welfare, happiness and prosperity of man kind."
5. ' He further relied upon the following passage of Richard, Baron Westbury, Lord High Chancellor of Great Britain:--- "For the several articles into which it is branched in our systems amount to no more than demonstrating, that this or that action tends to main's real happiness, and therefore, very Justly concluding that the performance of it is a part of the law of nature; or on the other hand, that this or that action is destructive of man's real happiness, and therefore, that the law of nature forbids it.
6. ' This law of nature being coeval with mankind, and dictated by God Himself, is of course superior in obligation to any other. It is binding over the entire globe in all countries."
7. "The doctrines thus delivered we call the revealed or divine law, and they are to be found only in the Holy Scriptures. These precepts, when revealed, are found upon comparison to be really a part of the original law of nature."
8. "Nay, if any human law should allow or enjoin us to commit it, we are bound to transgress that human law, or else we must offend both the natural and the divine."
9. ' He further relied upon following para. Of Corpus Juris Secundum Volume XCI Chapter IV under the heading of offence against God and Religion:-- "Having premised this caution, I shall next proceed to distribute the several offences, which are either directly or by consequence injurious to civil society, and therefore, punishable by the laws of England, under the following general heads; first those which are more immediately injurious to God and his holy religion."
10. ' He further relied upon the following passage from Book of Natural Justice of H.H. Marshall, C.M.G.
11. LLB, Nigeria:--- "The proceedings in our Courts are founded upon the law of England and that law is again founded upon the law of nature and the revealed law of God. If the right sought to be enforced in inconsistent with either of these the English Municipal Courts cannot recognise it."
12. ' That the supremacy of the law of nature, natural law or the law of God, by whatever name it may have been called, was regarded in theory at least, as complete until the end of the Stuart period, i,e, over into the eighteenth century, 22 is evidenced by a number of cases in which it was stated that a statute against reasons was void and not binding upon any one: "And it appears in our books that in many cases, the common law will control Acts of Parliament and sometimes adjudge them to be utterly void; for when an Act of Parliament is against common right and reasons or repugnant or impossible to be performed the common law will control it, and adjudge such act to be void."
13. "That if any human law should allow or in join us to commit an offence against the divine law we are bound to transgress that human law Now if it can be shown that slavery is against the law of nature and the law of God it cannot be recognised in our Courts. In volume I, P.424 the same writer says. 'The law of England abhors and will not endure the existence of slavery within this nation....We have the authority of the civil law for saying that slavery is against the rights of nature."
14. ' He further relied upon passage from Corpus Juris Vol.91 under the heading of historical view.
15. "Usury was prohibited by the early laws, of Chinese and Hindus, and by the Koran, The Mosaci law prohibited the Jews from exacting interest on loans to their brethren, but permitted interest to be taken from Gentiles."
16. ' He further submits that there is agitation against the World Bank and IMF as is evident from Article written by Mrs. Najma Siddique published in Daily The. News, dated 12-6-2001 and relied upon the following passage:--- "How did some 150 countries get rurned (sic) into dancing bears to the tune of the World Bank and IMF? It does not sound natural and it does not sound lawful. It is not Back in 1944 when they were created, the World Bank and IMF were meant to be a part of the UN system, not something independent and apart from it.. Not only that, it was supposed to be subject to the UN as stated in black and white in the Secretary General's Agenda for Development.
17. ' The question of any big brother monitoring and structural adjustment policies by World Bank I.M.F.
18. Did not arise."
19. ' He further relied upon the various passages of article written by Hazrat Shabbir Ahmed Usmani under the heading of "Ham our Pakistan "In the end he requests that matter may be referred to the Hon'ble Chief Justice to constitute larger Bench. He further submits that substantial question of law is to be interpreted on Constitution in the case; certificate be granted to him under Article 185(2) (f) of the Constitution. He summed up his arguments that in case direction may be issued to the Government to act in accordance with Injunction of Islam and by virtue of Articles 2A, 37 and 38 of the Constitution, then enemies countries shall be disintegrated automatically; that Government should try to establish interest free Bank along with other Countries who are against IMF and World Bank.
4. I have given my anxious consideration to the contentions of learned counsel ibr the petitioners and perused the record. II is admitted fact that the petitioners and respective respondents executed agreements of their own sweet-will. The petitioners want enforcement of agreement through ihese Constitutional petitions which is not permissible in the eyes of law as the principle laid down in Mumtaz Masood's case (1994 SC'MR 2287). As far as the charge of interest is concerned, this Court in view of Article 2)3-G of the Constitution has got no authority to determine the same as per principle laid down by the Division Bench of this Court in Muhammad Ramazan's case (2001 CLC 158). The Hon'ble Supreme Court in the aforesaid case of Muhammad Aslam. Khaki has held that no doubt interest/F:iba is un-Islamic but past and closed transactions are not to be re-opened. It is settled principle of law that writ petition against show-cause notice is not maintainable as is held in Shaguafta Begum's case (PLD 1989 SC 360 and (2000 SCMR 1071) Nabi Bakhsh Khosa's case. It is also settled principle of law that this Court has no jurisdiction to resolve the disputed question of 'fact as is held in Muhammad Younas Khan's case (1993 SCM R 618'. It is also admitted fact that petitioners have alternate remedies under the law either to approach the respondents or to file civil suit before the competent Court. In this view of the matter writ petitions are not maintainable as the law laid down in Muhammad Ismail's case (PLD 1996 SC 246). The petitioner's counsel have argued that petitioners have already paid more than principal amount to the respective respondents, therefore, balance amount claimed by the respective respondents is not borne out from the record of petitioner and respondents failed to supply copy of statement of accounts to petitioners. The respondents also failed to consider the cases of petitioners under incentive scheme issued by respondents off and on.
20. It is also settled principle of law that writ petition is not maintainable against apprehension as the law laid down in National Rerolling Steel Mills case (1968 SCM R 317(2)). Some of the petitioners have given surety at the time of sanctioning of loan to the respondents, in which the petitioners alleged that respondents are harassing the petitioners. The writ petitions are not maintainable as the said petitioners did not attach a single document to show that respondents are harassing the petitioner in violation of mandatory provisions of law.
21. ' In this view of the matter, the petitioners are directed to appear before the Manager of respective respondents on 20-7-2001 to discharge their liabilities strictly in accordance with law, rules and notification read with terms of the agreement. The Manager of respective respondents shall allow them any benefit/concession permissible in such-like cases under the law, rules and notification.
22. The Manager of respective-respondents shall also consider the request of petitioners to discharge their liabilities in easy installments in the interest of respective respondents and to save the families of petitioners from destructions. The Manager of respective respondents as already directed would determine liabilities strictly in accordance with law and rules. Till determination, which of course would be completed expeditiously till 20-9-2001, the petitioners shall not be harassed till the aforesaid date.
23. It is also settled principle of law that admission order or leave granting order is not a judgment as the law laid down in Mirza Adam Khan's case (PLD 1975 SC 9).
24. ' It is strange enough to note here that respondent-Corporation has initiated proceedings for the recovery of loan from the petitioner and original in the year 2000. The respondent Corporation failed to initiate proceedings immediately just after first installment due from original loanee and guarantors. This fact shows that corporation functionaries also contributory negligent out of which the aforesaid amount of corporation accumulated against the petitioners and original loanee. It is the duty and obligation of the respondent Corporation to initiate proceedings against defaulter as mentioned above immediately when the first installment was due against defaulter.
25. It is pertinent to mention here that it appears that Corporation functionaries under 1 the direction of their superiors initiated proceedings for recovery through coercive measures from the poor people who have secured/obtained loan for the purpose of business or construction of houses as is evident from last few months that poor people had filed writ petition but the rich people who had obtained huge loan from the Corporation and other Financial Institutions had not filed any writ petition which brings the situation that possibility cannot be ruled out that the Corporation and financial institutions have not initiated proceedings against the rich people who had obtained loan from the . Financial institutions. The same is hit by the Article 25 of the Constitution.
26. ' In this view of the matter, let a copy of writ petition be sent to Secretary Fiance Government of Punjab and M.D. Of the respondents Corporation who are directed to look into the matter and constitute a high-powered committee to formulate the policy to save the interest of Corporation and also the poor people by making policy so that they may be able to discharge their liabilities in easy installments. Writ petitions are disposed of accordingly.