Section 2. Amendment of section 55. (ADMINISTRATION OF MUSLIM LAW (THIRD AMENDMENT) ENACTMENT 1980

ENACTMENT NO. 6 OF 1980
ADMINISTRATION OF MUSLIM LAW (THIRD AMENDMENT) ENACTMENT 1980

Section 2. Amendment of section 55.

Section 55 of the Administration of Muslim Law Enactment 1962 is hereby amended by substituting the whole of section 55 therein with the following new section 55:

"Sanction to Prosecute

55.(1) Subject to the provision of sub-section (2) the President shall be the chief prosecutor for all offences under this Enactment or the rules and regulations made thereunder and no prosecution shall be instituted unless his sanction in writing which shall form part of the record at the trial obtained.

(2) No prosecution for any offence against section 158, 159, 161, 162 or 165 of the Enactment shall be instituted save in pursuance of a resolution of the Majlis sanctioning such prosecution and a certified copy of such resolution shall be produced to the Court before any summons or warrant is issued. Such certified copy shall form part of the record at the trial.

(3) Without prejudice to the provisions of section 60, the President may delegate this authority to any other officer he deems fits but such delegation shall be in writing and the name of the officer to whom this authority is delegated shall appear therein.

(4) The Majlis or the President shall have control and direction of all prosecution under this Enactment, rules or regulations made thereunder.

(5) The appointment made under sub-section (1) and (3) shall be published in the Gazette."