Law: Criminal Procedure Code (V of 1898)

Section: 86-A

Law: Frontier Crimes Regulation (III of 1901)

Section: 8

Law: Constitution of Pakistan, 1973

Section: 247(7),199

(a) Criminal Procedure Code (V of 1898) S. 86 A Frontier Crimes Regulation (III of 1901), S.8 Constitution of Pakistan (1973), Arts.247(7) 199 Constitutional petition -Maintainability Arrest of person from settled area and confining him in Tribal Area Political Tehsildar Khyber Agency at the instance and directions of Assistant Political Agent Khyber Agency arrested father of petitioner from village in Peshawar which was a Settled Area and took him to Tribal Territory of Khyber Agency and confined him there ¬Father of petitioner having not been released, petitioner, invoked Constitutional jurisdiction of High Court seeking declaration that action of Authorities whereby his father was arrested and confined was illegal and without jurisdiction Constitutional petition was resisted by Authorities contending that High Court lacked jurisdiction under Art. 247 of Constitution of Pakistan (1973) as money dispute between complainant and father of petitioner had arisen in Khyber Agency and father of petitioner was running business in Khyber Agency and in circumstances, there was no need to comply with provisions of S.86 A, Cr.P.C. and that arrest or detention of father of petitioner by Authority was lawful Contention with regard to lack of jurisdiction of High Court was repelled; firstly it would be anomalous and absurd that while arm of an Authority in Tribal Area was long enough to reach a person residing outside Tribal Area, High Court was powerless to come to rescue of a person whose fundamental rights had been flagrantly violated in its territorial jurisdiction; secondly, if Political Authorities had no jurisdiction in the matter and while usurping powers of ordinary civil and criminal Courts compelled a person to submit to their jurisdiction which did not vest in them, High Court would not be helpless to interfere; thirdly, when parties belong to settled area and dispute, if any, for business transaction having taken place in settled area, jurisdiction of High Court would not be ousted and fourthly, when it was brought to the notice of the Court that a citizen of the State was not being dealt with in accordance with law, it was duty of the Court to ensure that a…

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