Law: Constitution of Pakistan, 1973

Section: 199,247

Constitution of Pakistan--- ----Arts. 199 & 247 (since omitted)---Constitutional petition---Maintainability---Past and closed transaction---Decision by FATA Tribunal---Petitioners assailed order passed by FATA Tribunal dismissing revision petition filed against orders of Assistant Political Agent and Commissioner FCR---Validity---Dispute between the parties was duly adjudicated upon and decided finally while dismissing revision petition on 20-09-2012---At the relevant time there was no further remedy provided under the law---In terms of Art.247 of the Constitution, Constitutional petition questioning those orders was not maintainable as jurisdiction of High Court was barred under the Constitution---Merely because after 25th Constitutional Amendment, Art. 247 of the Constitution was omitted cannot entrust High Court with the jurisdiction pertaining to the matters which were past and closed transactions and decided finally in erstwhile Federally Administered Tribal Area hierarchy before 25th Constitutional Amendment---At the relevant time when constitutional petition was filed, Art. 247(7) of the Constitution was very much in the field and jurisdiction of High Court was barred pertaining to matters exclusively dealt with by Federally Administered Tribal Area hierarchy and had attained finality---After exhausting remedies available then, High Court had no jurisdiction in terms of Art. 247(7) of the Constitution---High Court declined to interfere in the order passed by FATA Tribunal---Constitutional petition was dismissed in circumstances. Mst. Rohaifa through her sons and another v. Federation of Pakistan through Secretary, Ministry of Defense and 2 others PLD 2014 SC 174; Qaum Bangash and others v Qaum Turi and others 1991 SCMR 2400; Shaukat Khan v. Assistant political Agent, Landi Kotal, Khyber Agency and others PLD 2002 SC 526; Abdul Rahim and others v. Home Secretary, Government of West Pakistan and another PLD 1974 SC 109; Malik Taj Muhammad and another v. Bibi Jano and 25 others 1992 SCMR 1431; Muhammad Siddiq and others v. Government of Pakistan and others 1981 SCMR 1022; Manzoor Elahi v. Federation of Pakistan and others PLD 1975 SC 66; Additional…

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