Law: Frontier Crimes Regulation (III of 1901)

Section: 11

Law: Constitution of Pakistan, 1973

Section: 247(7),199

(a) Frontier Crimes Regulation (III of 1901)---S. 11---Constitution of Pakistan, Arts. 247(7) & 199---Jurisdiction of High Court in relation to Tribal Areas---Scope---Accused was a resident of Tribal Area and was allegedly involved in kidnapping, abduction and car lifting---Assistant Political Agent made an Order of Reference under S. 11 of Frontier Crimes Regulation against the accused and referred him for trial by the Council of Elders---Accused filed a constitutional petition before the High Court challenging his detention, which was allowed and accused was granted bail on the ground that there was no material on record to show that he was involved in the offences alleged against him---Legality---Where a matter related to Tribal Areas, the jurisdiction of High Court under Art.199 of the Constitution was ousted, whether the grievance brought before the court was based upon violation of fundamental rights or of any other law---Accused was a resident of Tribal Area, where he statedly carried out criminal activities, thus the matter exclusively related to Tribal Area from where he was arrested---When jurisdiction of High Court was excluded to examine the main criminal charge, as a corollary it was also not empowered to pass any interim order in the shape of grant of bail to the accused---For any such relief accused could apply only to the competent authority under the Frontier Crimes Regulation---Appeal was allowed and impugned of High Court was set aside. Ch. Manzoor Elahi v. Federation of Pakistan PLD 1975 SC 66 distinguished. Abdul Rahim v. Home Secretary, Government of West Pakistan PLD 1974 SC 109; Qaum Bangash v. Qaum Turi 1991 SCMR 2400; Malik Taj Muhammad v. Bibi Jani Civil Appeal No.144 of 1981; Shaukat Khan v. Assistant Political Agent PLD 2002 SC 526; Munawar Khan v. Political Agent Khyber Agency Station 2012 MLD 503; Nawab Khan v. Assistant Political Agent PLD 2011 Pesh. 164; Murad Ali v. Assistant Political Agent, Landi Kotal 2009 YLR 2497; Ijaz Khan v. APA Barra, Peshawar PLD 2006 Pesh. 180; Abdul Manan v. Assistant Political Agent, Bara 1999 MLD 2661; Haji Qadir Gul v. Secretary to the Government of N.-W.F.P. Home and Tribal Affairs…

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