Law: Constitution of Pakistan, 1973

Section: 199, 247(7)

Constitution of Pakistan (1973) Arts. 199 & 247(7) read with Supreme Court and High Court (Extension of Jurisdiction to Certain Tribal Areas) Act (XXVII of 1973), S. 3 and Frontier Crimes Regulation (III of 1901), S. 11 Writ jurisdiction of Peshawar High Court in respect of Tribal Areas Act XXVII of 1973 not retrospective in operation Murder committed and accused charged and convicted under S. 11, F. C. R., in Malakand Protected Area prior to 9-2-73-Writ juris diction of Peshawar High Court prior to enforcement of Act XXVII of 1973, held, did not run into Tribal Territory and convic tion and sentence could not be challenged in writ jurisdiction even on grounds : (i) that conviction and sentence were confirmed at Peshawar ; (ii) that the convict was lodged in Central Jail at Peshawar. The State v. Dosso P L D 1958 S C (Pak.) 533 ; Piao Gul v. State P L D 1960 S C 307 ; Mohd. Akram v. State P L D 1963 S C 373 ; Abdul Rauf v. Abdul Hamid P L D 1965 S C 671; Sar Khan v. State P L D 1967 S C 149 ; Ibrahim v. Govt. of Pakistan P L D 1968 S C 131 ; Ihsanullah v. Commissioner, F. C. R., Peshawar 1968 S C M R 974 ; Jamil Ahmad v. State P L D 1969 S C 344 ; Superintendent, Land Customs v. Zewar Khan P L D 1969 S C 485 and Abdul Rahim v. Home Secretary P L D 1974 S C 109 ref. Date of hearing : 7th March 1974.                                                                                                                                      JUDGMENT After going through the judgment of my learned brother Abdul Hakeem, J., proposed to be delivered in this case, I agree with him that this petition be dismissed, but on quite different grounds. I, therefore, proceed to record my own judgment. Saleh Muhammad, a resident of Village Kopar of the Malakand Pro tected Area, was murdered on 30-11-67. Baghi Jan father of the deceased reported the matter…