Law: Constitution of Pakistan, 1973

Section: 13,212(3),24(7)

Law: Frontier Crimes Regulation (III of 1901)

Section: 55-A

Law: Penal Code (XLV of 1860)

Section: 302,324,392,427,34

Constitution of Pakistan, 1973-- ----Arts. 13, 212(3) 247(7)--Frontier Crimes Regulations (III of 1901), Ss. 8, 9 55-A--Pakistan Penal Code, (XLV of 1860), Ss. 302, 324, 392, 427 34--Conviction and sentence--Acquittal of fine accused persons--Pendency of appeal--Civil controversy--Cause of action--Filing of complaint--Cessation of payments of sarsaya--Entitlement of--Recommendations of--Criminal advice by council of sarsaya--Jurisdiction--Challenge to--Counsel for respondents is not in a position to dispute applicability of Art. 247(7) of Constitution--No specific grievance regarding Sersaya and only generally seeks to avoid same through prayer clause--Consequent upon conclusion of proceedings before FATA Appellate Tribunal bar under Art. 247(7) is complete--No mala fide is urged by respondents for High Court to disregard ouster directed in aforenoted Constitutional provisions--Criminal law advice recommended by Council of elders is concerned, same is without jurisdiction u/S. 8 read with S. 9 of FCR--Once matter has been dealt with and decided on merits by a competent Court of law, Art. 13 of Constitution does not allow recommendation, even if, it has any validity to remain in existence--Appeal allowed. [Pp. 112 113] A B 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 302/324/392/ 427/34, P.P.C. was registered at the aforesaid police station. The challan was put up before the learned ASJ-III Kohat who, after conducting Trial vide judgment dated 7.7.2018, convicted four accused persons and sentenced them to life imprisonment; one accused person was convicted and sentenced to four years imprisonment and proceedings under Section 512, Cr.P.C. were undertaken against two accused persons and five accused were acquitted. Appeals against the said conviction and sentence are pending before learned Appellate Court. 2. There was a civil controversy from the same occurrence but the cause of action in respect thereof arose in the tribal area of Frontier…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492