| Citation(s) |
|---|
| 2025 SLG 1605 2025 SLD 1605 = 2025 SCMR 595 |
Jail Petition No. 375 of 2019, decided on 19th September, 2024. (Against the judgment dated 17.05.2019 passed by Peshawar High Court, Peshawar in Writ Petition No. 6233-P of 2018).
Present: Sardar Tariq Masood and Mazhar Alam Khan Miankhel, JJ
Syed B.H.Shah, Advocate Supreme Court for Petitioner. Altaf Khan, Additional Advocate General, Khyber Pakhtunkhwa for Petitioner. Barrister Umar Aslam Khan for Petitioner. (amicus curiae) Nemo for
Respondent. Date of hearing: 19th September, 2024.
USMAN GHANI alias Ghani Mula Sangeen ---Petitioner
VERSUS
The STATE ---Respondent
Law: Penal Code (XLV of 1860)
Section: 121, 122
Law: Constitution of Pakistan, 1973
Section: 247
Penal Code (XLV of 1860)---
----Ss. 121-A & 122---Frontier Crimes Regulations (III of 1901) [since repealed], Reglns. 11 & 40---Constitution of Pakistan, Art. 247---Waging war, conspiracy of--Right of appeal---Bar of jurisdiction under Article 247 of the Constitution---Scope--Accused was involved in anti-state activities and had been categorized as 'Black'--Authorities punished the accused under Regulation 40 of Frontier Crimes Regulations, 1901 which punishment was maintained by High Court under its Constitutional jurisdiction---Validity---Following are the circumstances under which jurisdiction of Supreme Court and that of High Court are not barred under Article 247(7) of the Constitution rather the same are available to be exercised under Articles 184 and 199 of the Constitution: