Law: Constitution of Pakistan, 1962

Section: 98

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 9th November 1965, in Writ Petition No. 404 of 1964). Constitution of Pakistan (1962), Art. 98 read with West Pakistan Border Area Regulation, 1959 [Martial Law Regulation (Zone B) No. 9], para. 15-Para. 15 prohibiting superior Courts from questioning orders made under Regulation-Does not militate against Art. 98 Order in case reported in P L D 1965 S C 623 passed when certain Regulations absolutely precluded jurisdiction of all Courts to call in question orders made by Martial Law Authorities including Border Area Committee-Decision in P L D 1965 S C 623 not applicable to orders made after commencement of Constitution (1962). Date of hearing : 16th March 1970. JUDGMENT MUHAMMAD YAQUB ALI, J.-The appellant was confirmed allottee of land in village Jharollian, Tehsil Kasur, District, Lahore, within the border belt. His allotment was, however, cancelled on the 6th April 1964, by the Border Area Committee, respondent No. 1, on the report of the Director, Enforcement Staff, that the appellant had got fictitious claims verified in his name as heir of one Gora of village Bulgan, Tehsil and District Gurdaspur. The claim was also found to have been transferred to the border area after the terminal date 24th December 1952. Aggrieved by the cancellation of his allotment, the appellant filed Writ Petition No. 404 of 1964 in the High Court claiming that the order of the Border Area Committee was within Article 98 of the Constitution without lawful authority. A Division Bench dismissed the writ petition for want of jurisdiction to call in question the order dated the 6th April 1964, placing reliance on the decision of this Court in Mohammad Khan v. Border Area Committee (PLD1965SC623). In a similar case Mehr Din and others v. Border Area Committee Civil Appeal No. 64 of 1969,…