Law:

Section:

Provincially Administered Tribal Areas (Application of Laws) Regulation (I of 1974) S. 7(2)-Proceedings pending under riwaj at time of coming into force of Regulation-Saved. Date of hearing : 1st April 1975.                                                                                                                       JUDGMENT GHULAM SAFDAR SHAH, C. J.---These four constitutional petitions, in which the same question of law arises for consideration, are directed against the orders of Deputy Commissioner, Chitral dated 16-10-73 by which lie tool: cognizance of an application filed before him by respondent 3 against petitioners and earmarked it to S. D. A., Chitral for inquiry with direction that his consequent report should be submitted to him within 10 days. The contention of learned counsel is that after the coming into force in the area of former State of Chitral of Regulation I of 1974 (Provincially Administered Tribal Areas (Application of Laws) Regulation, 1974), the Deputy Commissioner, Chitral would have no jurisdiction to take cognizance of the application submitted to him by respondent 3 and thus his order dated 16-10-73 and all -subsequent proceedings, based on that order would be without jurisdiction and of no legal effect whatever. For this submission, the learned counsel relied on section 7 of Regulation I of 1974 which reads as follows: "7. Certain laws to cease to operate.-(1) If immediately before the com mencement of this Regulation, there was in force in the said Areas any law, instrument, custom or usage having the force of law corresponding to the provisions of any of the laws applied to those Areas by this Regulation, such law, instrument, custom or usage shall, upon such commencement, cease to halve effect in those Areas. (2) Nothing in subsection (1) shall affect- (a) the previous operation of any such law, instrument, custom or usage ;…