Law: Frontier Crimes Regulation (III of 1901)

Section: 8

Law: Constitution of Pakistan, 1973

Section: 24(7)

Frontier Crimes Regulations (III of 1901)--- ----S. 8---Constitution of Pakistan, Art. 247(7) [since repealed]---Former Tribal area---Dispute between tribes over payment of Sersaya---Ouster of jurisdiction of the High Court---Scope---Payment of Sersaya by a coal company stopped to a specific tribe whose members were accused of having committed a murder---Assistant Political Agent referred the matter to the Council of Elders, who affirmed the entitlement of the tribe to the claim payment of Sersaya---Assistant Political Agent passed decree based on recommendations of the Council of Elders---On appeal the Commissioner noted that the murder had taken place in a settled area in respect of which trial before the competent Court was underway and, therefore, there was no need for further trial simultaneously before the Assistant Political Agent, and that consequently the obligation of the coal company to pay Sersaya was intact and enforceable---Appeal and revision filed by the Coal Company before the FATA Appellate Tribunal were also dismissed---High Court in its constitutional jurisdiction set aside all the s of the FCR fora below---Constitutionality---Ouster of jurisdiction of the High Court under Art. 199 of the Constitution was specific for the reason that cause of action for the civil relief of such Sersaya as well as the residence of the parties and the locus of the corpus of the dispute, namely, the coal mines were located within a tribal area---Consequently, the High Court had no jurisdiction to entertain the writ petition---Such aspect of the case had not been considered by the impugned at all---Besides the writ petition before the High Court in fact made no specific grievance regarding Sersaya and only generally sought to avoid the same through the prayer clause---Petition for leave to appeal was converted into appeal and allowed, and the impugned of the High Court was set aside. ORDER UMAR ATA BANDIAL, JUSTICE:---.--- One Muhammad Shafique, Chairman of Coal Company Qasim Khel Zarghum Khel was murdered on 02.07.2014 in the jurisdiction of Police Station MRS Kohat which is a settled area. First Informtion Report No. 426 dated 02.07.2014 under sections…

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