Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan---Art. 199---Constitutional jurisdiction---Vires of law---Scope---Vires of a law can only be assailed if it is shown that either Legislature was not competent to enact it or there was any mala fide on the part of Parliament in the enactment---If none of the said elements exist then desired writ to declare the law ultra vires of the Constitution cannot be issued. (b) Khyber Pakhtunkhwa Alternate Dispute Resolution Act (XLVIII of 2020)---S.3---Constitution of Pakistan, Art.199---Constitutional petition---Vires of law---Alternate Dispute Resolution---Object, purpose and scope assailed Khyber Pakhtunkhwa Alternate Dispute Resolution Act, 2020, on the plea that the same was ultra vires the Constitution---Validity---Provincial Government was competent to legislate on the subject and there was no mala fide on the part of the Legislature to pass the law---Apart from providing inexpensive and expeditious justice to litigants, there were further advantages of Alternate Dispute Resolution System, which included direct engagement of parties in the process than what was usually done in the Courts of law---Parties before Saliseen were in better position to explain their stance in their own languages, accents and styles to the Saliseen who also knew well the customs and traditions prevailing the area, who could discuss the issue holistically and try to put an end to a list once for all without adverting to technicalities--- Constitutional petition was dismissed, in circumstances. JUDGMENT: LAL JAN KHATTAK, JUSTICE:---.--- This judgment of ours shall also decide the connected Writ Petition bearing No. 1086-P/2021 as common issue is involved in both the petitions wherein the petitioners have questioned the vires of Khyber Pakhtunkhwa Alternate Dispute Resolution Act of 2020 (the Act) and have prayed that same be declared ultra vires of the Constitution of Islamic Republic of Pakistan, 1973. 2. It is the petitioners’ case, as argued by their learned counsel, that in the garb of the Act, the respondents once again have brought back the draconian Frontier Crimes Regulation, 1901 which, according to them, has not only introduced a parallel judicial…

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