Law:

Section:

System of Sardari (Abolition) Ordinance (XXXV of 1976)--- ----S. 3---Constitution of Pakistan (1973), Arts. 28 & 199---Constitutional petition---Preservation of language, script and culture---Petition for declaration petitioner as Sardar of the Tribe---Petitioner had claimed that Sardar of his Tribe having died, according to their tribal culture, petitioner, son of the deceased, being owner of more than 400 acres of property in the area, should be declared Sardar of the Tribe in view of Art.28 of the Constitution---Validity---Fundamental right as provided in Art.28 of the Constitution though had provided that citizens having a distinct language, culture, had right to preserve, but custom, language, script and culture, did not include appointment of Sardar, which institution stood abolished under System of Sardari (Abolition) Ordinance, 1976---All such cultural customs to that extent, had been declared to be against provisions of law relating to Sardari System and thus relief claimed by petitioner, could not be granted---Constitutional petition, being legally not competent, was dismissed. JUDGMENT MEHTA KAILASH NATH KOHLI, J.---Petitioners claim that they belong to indigenous tribe of Khudaidad Zai, Begzai, and as per tribal system own a specific culture, whereby; a caste/tribe is presided over and represented through tribal Chief i.e. Sardar. It is the claim of petitioners that their tribe was represented by their father namely Abdul Khaliq being Sardar of the tribe since long, and; after his death, according to their tribal culture ( ), petitioner No.2 namely Haji Abdul Lateef, being elder son of Sardar Abdul Khaliq, became new Sardar of the tribe, who surrendered his right of Sardar in favour of petitioner No.1 i.e, Sardar Haji Muhammad Yousaf. It is the claim of petitioners that petitioner No.1 being owner of more than 400 acres of property in the area of Muslim Bagh, and; to preserve his tribal culture i.e. Sardari System, called Government officials as well as his tribesmen, who accepted the petitioner No.1, as Sardar of Khudaidad Zai, Begzai tribe, in this behalf an acknowledgment deed in respect of Sardari was also executed. It is further the case of…

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