| Citation(s) |
|---|
| 1980 SLG 2115 1980 SLD 2115 = 1980 PLD 183 |
Write Petition No. 663 of 1979, decided on 11th February 1980.
Before Shah Abdul Rashid and Karimullah Durrani, JJ
Nazirullah Khan for Petitioners. Bashirullah Khan, Asstt A,-G. for
Respondents.
HAZRAT GHANI AND 5 OTHERS--Petitioners
VERSUS
MAGISTRATE FIRST CLASS, TIMARGARAH, AND 4 OTHERSRespondents
Law: Provincially Administered Tribal Areas Criminal Law (Special Provisions) Regulation (I of 1975)
Section: 3 (1) , 6
JUDGMENT
SHAH ABDUL RASHID, J.-In this petition under Article 199 of the Constitution the petitioners, namely, Hazrat Ghani and five others challenge the orders made by the Additional Commissioner, Mala Kand Division (respondent No. 2) and the Home Secretary, N.-W. F. P., Peshawar (in fact Additional Secretary, Home and
Tribal Affairs Department, Peshawar) (respondent No. 3), passed on 7-8-1979 and 16-8-1979 respectively, as being illegal and without lawful authority and jurisdiction. The petitioners also pray that the respondents be directed to release them (the petitioners) on bail till the final decision of the case pending against them. The provisions of sections 494, 497, 498 and 561-A of the Code of Criminal Procedure (Act V of 1898) were also invoked to seek the redress.