Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Arts. 15 199---Freedom of movement---Jirga decision---Implementations sought implementing decision of Jirga whereby respondent was declared as Kushinda and was not allowed to enter his native village---Validity---Respondent had fundamental right to remain in, enter and move freely throughout Pakistan including his native village---Customs like declaring somebody as Kushinda or expelling him from any of the territories was always discouraged by superior Courts of the land---Such practice or custom even if existed in the past could not be allowed to operate in future in any manner, particularly when it operated to abridge any of the fundamental rights of citizenss were seeking to invoke Constitutional jurisdiction of High Court for ordering relevant authorities to implement a decision of Jirga which would have the effect of depriving respondent from exercise of his fundamental right guaranteed under Art. 15 of the Constitution---High Court declined to interfere in the matter---Constitutional petition was dismissed in circumstances. Abdul Bari and 2 others v. Director, Livestock, Dairy Development FATA and 2 others PLD 2014 Pesh. 132; National Commission on Status of Women through Chairperson and others v. Government of Pakistan through Secretary Law and Justice and others PLD 2019 SC 218; Brig. Muhammad Bashir v. Abdul Karim and others PLD 2004 SC 271 and Government of Pakistan through Secretary Ministry of Interior and Narcotics Control (Interior Division) Board, Islamabad v. Muhammad Yasin, Sub-Inspector No. 525-L and others 1997 PLC (C.S.) 606 rel. JUDGMENT WIQAR AHMAD. J.s had brought the instant constitutional petition against order dated 28.06.2019 of the Court of learned Additional District Judge-II Bajaur, whereby their application for declaring respondent No. 2 as Kushinda and expelling him from the area of Sara Mena District Bajaur, was dismissed. 2. The parties belonged to village Saramena, Alizai, Tehsil Khar District Bajaur, which area had earlier been forming part of the Federally Administered Tribal Areas of Pakistan (hereinafter referred to as FATA). The petitioners belonged to the tribe Aurank Khel while…

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