Law: Frontier Crimes Regulation (III of 1901)

Section: S.8

  Frontier Crimes Regulation (III of 1901), S.8-Refer ence-Question neither judicial nor quasi-judicial- Affording opportunity of being heard to parties before ordering reference of ci vii dispute to Jirga-Not necessary.   Under section 8 of the Frontier Crimes Regulation, 1901 all that the Deputy Commissioner decides is the forum for decision of a civil dispute. A determination of the question of reference of a case to a Jirga is neither judicial nor quasi judicial. The nature of action taken is more or less adminis trative, depending on expediency and vindication of public Interest. The Deputy Commissioner does not thereby decide any right of a party. There is no lis before him and the parties are not entitled to lead evidence before him. It is, therefore, not necessary for the Deputy Commissioner to hear a party or parties, before ordering reference of a civil dispute to a Jirga under section 8 of the Frontier Crimes Regulation, 1901, though no harm can result if he hears the parties before making such an order.     Constitution of Pakistan (1956), Art. 170-Writ Principle for issue of certiorari.   Tariq Transport Co. Lahore v. The Sargodha-Bhera Bus Service, Sargodha P L D 1958 S C (Pak.) 437 ref.   Frontier Crimes Regulation (ill of 1901), S. 8-Evidence in regard to civil case confined to persons living in Special Areas (Quetta) -Propriety of reference of civil suit to Jirga-Ques tioned, but not interfered with on that ground.   State v. Dosso P L D 1958 S C (Pak.) 533 ref.   Frontier Crimes Regulation (III of 1901), S. 14-Relates to criminal case onlyDoes not empower Deputy Commissioner to withdraw civil case from Civil Court or refer it to Jirga.   Frontier Crimes Regulation (III of 1901), S. 8 (as applicable in Baluchistan)Deletion of words "and if the suit is not pending in respect of the dispute"-Does not by implication confer on Deputy Commissioner power to withdraw a civil suit and refer it to Jirga-Civil suit in Civil Court and proceedings before Jirga can go on simultaneously-Decision under Regulation to prevail over decision of Civil CourtFrontier Crimes Regulation (ill of 1901), S. 9 (b).…