Law: Constitution of Pakistan 1973

Section: 247(7) & 199

Constitution of Pakistan (1973)---

----Arts. 247(7) & 199---Bar of jurisdiction of superior Courts in relation to Tribal Area---Extent of---Dispute between ,parties related to partnership business-- Agreement deed was executed in settled area; venue of business was also in settled area---Partners, on termination of partnership settled their accounts through arbitration in settled area---Land in question was leased out on yearly rent in the settled area---Mere fact that one of the parties to dispute origina ly belonged to Tribal Area would not confer jurisdiction on the Political Authorities of Tribal Area, nor take away the jurisdiction of the ordinary Civil and Criminal Courts within whose jurisdiction, subject-matter was situate, transaction had taken place, parties resided, or cause of action had taken place, moreso, when forums provided in the latter case satisfied basic and fundamental requirement of law in administration of justice---Political Authorities of Tribal Area having assumed jurisdiction in respect of claims of parties had acted without jurisdiction and in colourful exercise of their powers for usurping the powers of ordinary Civil and Criminal Courts by compeling parties to be subjected to their jurisdiction which did not vest in them---High Court thus had the jurisdiction to come to the rescue of persons whose Fundamental Rights had been flagrantly violated within its own territorial jurisdiction.

JUDGMENT