Law: Constitution of Pakistan, 1973

Section: 199,247(7)

Constitution of Pakistan (1973)--- ----Arts. 199 & 247(7)---Constitutional petition---Maintainability---Car allegedly snatched from petitioner by respondent was recovered from respondent by Assistant Political Agent, but its custody was not given to the petitioner---Petitioner tiled Constitutional petition, maintainability of which .was objected to under Art.247(7), .Constitution of Pakistan (1973) contending that matter involving factual controversy could not be settled in Constitutional jurisdiction and that High Court lacked jurisdiction to the same as the matter pertained to Tribal Area---Validity---Car in question was registered in settled area, agreement of sale had taken place in settled area and was being played as taxi in the settled area---Record had shown that car was brought to North Waziristan Agency from District Lakki Marwat---­Complainant's applications made to Commissioner Bannu, all in chain had disclosed one and the same story---Established position was that sale transaction of car in question, the agreement of sale and purchase of stamp papers for agreement all pertained to District Lakki Marwat which factors were not looked into by the Political Authorities---Case, in circumstances, was fit to be interfered with by High Court especially when Political Authorities had shut their eyes, avoided action against hardened criminals and culprits being fully known to them---Authorities instead of crushing and curbing the criminal elements, rather encouraged, protected and harboured them---High Court accepting Constitutional petition directed Political Agent to return car in question forthwith to the petitioner on Superdari on his furnishing security bond---Petitioner might file criminal complaint against private respondent, if so desired. JUDGMENT QAZI EHSANULLAH QURESHI, J.---The facts of the captioned petition are that the petitioner started plying his Motorcar No. V-6511/Karachi as Taxi through his driver named Jehandad son of Gul Janan, resident of Muslim Bagh, Serai Naurang, District Lakki Marwat. On 14-7-2000 at 11-00 a.m. respondent No. 1, namely, Ibrahim Khan booked the said taxi car owned by the petitioner for Mir Ali, North Waziristan…

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