| Citation(s) |
|---|
| 2020 SLG 1305 2020 SLD 1305 2020 PLD 52 |
Peshawar High Court
Writ Petition No. 3035-P of 2019, decision Dated:17-10-2019, hearing Date : 17-10-2019.
WAQAR AHMAD SETH, C.J. AND MS. MUSSARRAT HILALI, J
Shumail Ahmad Butt A.G. and Qazi Babar Irshad, A.A.G. (Federation) for
Respondents.
Writ Petition No. 3035-P of 2019, decision Dated:17-10-2019, hearing Date : 17-10-2019.
WAQAR AHMAD SETH, C.J. AND MS. MUSSARRAT HILALI, J
Shumail Ahmad Butt A.G. and Qazi Babar Irshad, A.A.G. (Federation) for
Respondents.
SHABBIR HUSSAIN GIGYANIVSGOVERNMENT OF KHYBER PAKHTUNKHWA, THROUGH SECRETARY AND 9 OTHERS
Law:
Section:
(a) Khyber Pakhtunkhwa Continuation of Laws in the Erstwhile Provincially Administered Tribal Areas Act, 2018 (III of 2019) --- ----S. 3 & Preamble---Khyber Pakhtunkhwa Continuation of Laws in the Erstwhile Federally Administered Tribal Areas Act (XXIV of 2019), Preamble---Actions (in Aid of Civil Power) Regulation, 2011, Regln. 11 & Chapt. V---Khyber Pakhtunkhwa Actions (in Aid of Civil Power) Ordinance (V of 2019), S. 11 & Preamble---International Covenant on Civil and Political Rights (ICCPR), 1966, Art. 9(4)---Constitution of Pakistan, Arts. 4, 8, 9, 10, 10A, 15, 17, 19 & 25 & Fourth Sched., Pt.1, Sr. No. 1-Criminal Procedure Code (V of 1898), S. 61---Internment centers operating in erstwhile Federally Administered Tribal Areas---Constitutionality---Khyber Pakhtunkhwa Actions (in Aid of Civil Power) Ordinance, 2019, the Khyber Pakhtunkhwa Continuation of Laws in the Erstwhile Provincially Administered Tribal Areas Act, 2018, the Khyber Pakhtunkhwa Continuation of Laws in the Erstwhile Federally Administered Tribal Areas Act, 2019 coupled with Actions (in Aid of Civil Power) Regulation, 2011 were ultra vires of the Constitution---High Court directed the relevant Provincial Secretary to notify all the Internment Centers, as Sub-Jails in accordance with law and Provincial Inspector General of Police was directed to take control of all such sub-jails so declared---Constitutional petitions were allowed with certain directions. Action (in Aid of Civil Power) Regulation, 2011 ('the 2011 Regulations') stood omitted/deleted by virtue of (Twenty Fifth) Constitutional amendment, introduced on 4-6-2018, which was effective/applicable to the Federally Administered Tribal Areas (FATA) of Pakistan. Sensing the situation that the 2011 Regulation ceased to exist and no further legislation/rules, bye-law etc were not made, the Provincial Government promulgated the Khyber Pakhtunkhwa Continuation of Laws in the Erstwhile Provincially Administered Tribal Areas Act, 2018 ('the 2018 Act') and the Khyber Pakhtunkhwa Continuation of Laws in the Erstwhile Federally Administered Tribal Areas Act,2019 ('the 2019 Act'). Act/Ordinance/Regulation enacted by the Federation which was not…
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