Law: Constitution of Pakistan, 1956

Section: Art. 178

Constitution of Pakistan (1956),   Art. 178-der passed by authority in Special Area-High Court not competent to entertain appeal or revision from such order-Revision or appeal against order of Court Subordinate to High Court 'regarding property situated in Special Area-Competent. The High Court is not competent to entertain any appeal or revision from the orders passed by any authority in a Specially, Area whether in a civil or criminal matter.   The case under consideration was instituted in Quetta and arose out of a dispute relating to the land situated in the Special Area. The civil revision therefore was not against the orders of the authorities in the Special Area but against the order of a Court subordinate to High Court. The jurisdiction of the High Court under Article 178 of the Constitution of Pakistan (1956) was not intended to be taken away in respect of such cases.   The question involved in the reference was whether the revision in question was in relation to the Special Areas. The petitioners reside or work for gain in Quetta and the suit having been filed in Quetta, the matter in dispute by no stretch of imagination can be treated as one relating to Special Areas.   In all those cases where the resident of a Special Area is accused of committing a crime within the territorial limits of the jurisdiction of High Court or in a civil litigation between two residents of Special Areas or a resident of a Special Area and a resident of the other areas, pending in a Civil Court subordinate to the High Court, the High Court is not only competent to consider the validity of the orders passed by the authorities of the Special Area but is also competent to hear revisions and appeals against the order of its subordinate Courts passed in such cases. The condition precedent in the exercise of jurisdiction in such cases will be whether any part of cause of action arose within the territorial jurisdiction of High Court or whether the order complained of is in respect of matter instituted within the jurisdiction of High Court. On the fulfilment of these conditions the jurisdiction of the High Court is not barred under Article 178 of the…