Law: Constitution of Pakistan, 1962

Section: 223 (5), 98

(a) Privileges of Members of National Assembly (Exemption from Preventive Detention and Personal Appearance) Act (I of 1963) S. 4 and Constitution of Pakistan (1962), Art. 98-Words "civil Court" in S. 4 of Act I of 1963-High Court exercising civil jurisdic tion riot a "civil Court" under S. 4 of Act I of 1963-Writ jurisdiction of High Court under Art. 99 cannot be whittled down by subordinate legislation (e.g. Act I of 1963). Hussain Bakhsh v. Settlement Commissioner, Rawalpindi and others P L D 1970 S G 1 and Mehr Din and 7 others v. Border Area Committee, Bahawalpur P L D 1970 S C 311 ref. (b) Constitution of Pakistan (1962) Arts. 223 (5) & 98-Words "in relation to a Tribal Area" in Art. 223(5)-Jurisdiction of superior Courts is ousted only if the situs of subject-matter and the residence of both parties are in Tribal Areas and all proceedings are also held there-Matter pertaining to election to National Assembly--Save the fact that polling had taken place in Tribal Area, all other proceedings concerning election of person to National Assembly taking place in Peshawar and other places outside Tribal Areas-No objection to jurisdiction of High Court under Art. 98 lies in such case. State v. Dosso P L D 1958 S C (Pak.) 533; Piac Gul v. The State P L D 1960 S C 307 ; Sar Khan v. The State P L D 1967 S C 149; Abdul Ghani v. Shoedar Khan & Co. P L D 1963 S C 131 ; Ihsanullah v. Commissioner, F. C. R., Peshawar 1968 S C M R 974 ; Jamil Ahmad v. The State P L D 1969 S C 344; Superintendent, Land Customs, Torkham v. Zewar Khan P L D 1969 S C 485 and Abdur Rahim v. Home Secretary, Government of West Pakistan P L D 1'974 S C 109 ref. (c) Legal Framework Order (P. O. No. 2 of 1970) Art. 9(2)(h) and Constitution of Pakistan (1962), Arts. 98, 103 & 223(5)-Person elected as Member of National Assembly from Tribal Areas, found to be disqualified under Art. 9(2)(h) of Legal Framework Order, 1970-High Court would not throw away petition for quo warranto under Art. 98 because of bar contained in cl. (5) of Art: 223. Farzand All v. The Province of West Pakistan P L D 1970 S C 98 rel. (d) Constitution of Pakistan (1962) Art. 98-Words…