Law:

Section:

Constitution of Pakistan (1962)-Arts. 98 & 223(5)--Writ jurisdiction of High Court-Did not run into Tribal Areas prior to coming into force of Act XXVII of 1973­Provisions of Act XXVII of 1973 not retrospective in operation­Supreme Court and High Courts (Extension of Jurisdiction to Certain Tribal Areas) Act (XXVII of 1973). A writ petition was filed in 1966 in respect of dispute relating to a land situated in the State of Chitral. The petition was dismissed in limine on 22-3-1966 on the short ground that the land in dispute being situate in the tribal territory, where the parties to the dispute were residents, was not amenable to the writ jurisdiction of the High Court. In appeal before the Supreme Court the contention was that the final order which was sought to be challenged was made by the Home Secretary to the Provincial Government who was located within the territorial jurisdiction of the High Court and, therefore, the High Court had the jurisdiction to entertain the petition. Held : Clause (5) was inserted in Article 223 of the Constitution of Pakistan (1962) by First Amendment, 1963 (Act I of 1964). The first thing to be noticed is the non-obstante clause in the beginning of the above Constitu­tional provision, which gives it an overriding effect over other provisions of the Constitution including that relating to the writ jurisdiction of the High Court. The prohibition is against the exercise of jurisdiction "in relation to a Tribal area". This is not an expression of art like the expression "cause of action", which has a well defined meaning and therefore, has a limited import. The words "in relation to" on the other hand are of wide import and postulate of a connection of one thing with another, a nexus. The question therefore is whether there is such a connection or nexus between the subject-matter of the dispute and the former State of Chitral. In this context the sites of the land and the residence of the two sets of claimants become decisive. The location of the land in dispute and the residence of the parties plainly establishes this nexus or relationship for the relevant purpose. Besides, in the instant case, all material actions were taken…

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