Law: Frontier Crimes Regulation (III of 1901)

Section: 11

(a) Frontier Crimes Regulation (III of 1901)  S. 11-Reference-Magistrate's order referring case to Council of Elders not stating that "it was inexpedient to try the petitioner in the ordinary Courts"-Orders, held, illegal. Khena Ram v. The Commissioner, F. C. R., Quetta Division and another P L D 1969 Quetta 24 and Hamesh Gul v. Tne Crown P L D 1955 Pesh. 1 rel. (b) Frontier Crimes Regulation (III of 1901) S. 11-Opportunity of hearing, affording of-Incumbent under law on Council of Elders to hear petitioners-Award of Jirga itself showing petitioners being not heard and stating that members of Jirga being not acceptable to petitioners, petitioners did not want award to be given by them-Jirga having no evidence before it except report of Tahsildar, award, held, based on violation of mandatory requirement of law and, therefore, null and void.-[Natural justice, principle of]. Pir Badshah and another v. State P L D 1963 S C 93 ; The State v. Nawab Gul P L D 1963 S C 270 ; Muhammad Akram and another v. The State P L D 1963 S C 373 and Sardar Nawab Haji Muhammad Khan and another v. Commissioner, Frontier Crimes Regulation, Quetta Division and others P L D 1964 Lah. 401 ref. Karam Elahi for Petitioners. Mirza Muhammad Ahmed, A.-G. for Respondents. Date of hearing : 17th June 1975.                                                                                                                                                                  JUDGMENT The circumstances in which this writ petition has arisen are as follows:- 1. It is alleged that on 10-4-1973, the Assistant Commissioner, Marri Area, accompanied by some members of the levy personnel, left Tambu for Kahan in Marri area on a jeep. Near the Kola Boha Gbati. they were fired upon by some unknown…