Law:

Section:

Where the contention was that although the High Court, whose jurisdiction had been extended to tribal areas by President's Order N3. 11 of 1961, lost its jurisdiction over the truba1 areas after the insertion of clause (5) in Art. 223 of the Constitution of Pakistan, 1962, it did have that jurisdiction before insertion of clause (5) in Art. 223 which came into effect on 10-1-1964. Held: Per Sajjad Ahmad, J.-Under Article 225(1) of the 1962 Constitution, like all other existing laws, continuance of President's Order No 11 of 1961 was subject to the provisions of the Constitution, until altered, repealed or amended by the appropriate Legislature. Under the express terms of Article 223, (1), a Central law did not apply to the tribal areas unless the President so directed. Admittedly no such direction was given by the President for the application of Order No. 11 of 1951 to the tribal areas. The command of the Constitution, which was prospective, was, therefore, clear that no Central law shall apply to tribal areas unless the President gave a direction is that behalf. No distinction has been made in this regard between Central laws made exclusively for the tribal areas and other general Central laws made for all or any other area. Every Central law without regard to its field of operation was to have a direction of the President for its continuance in the tribal areas. As the President did not give any direction with regard to the application of President's Order No. 11 of 1961 after the enforcement of the Constitution of 1962 it could not and did not operate in the tribal areas after the enforcement of the Constitution. Article 2(2) of President's Order No. 11 of 1961 is to be con­strued as having restored the superior Court's jurisdiction, which before then was exercisable in those areas or in parts thereof under the various statutes applicable to those areas. As the writ juris­diction had never been exercisable in that area, there was no question of the restoration of that jurisdiction under President's Order No. 11 of 1961. The High Court's writ jurisdiction under Article 170 of 1956 Constitution was excluded by Article 178 thereof in respect of special areas,…

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