| Citation(s) |
|---|
| 1981 SLG 556 1981 SLD 556 1981 SCMR 1022 |
Supreme Court of Pakistan
Criminal Appeal No. 98 of 1975, decision dated: 22nd December 1980. (On appeal from the judgment and order dated 24-9-1974 in Writ Petition No. 123/72 of the Peshawar High Court)
ANWARUL HAQ, E., J., DORAB PATEL, MUHAMMAD HALEEM AND FAKHRUDDIN G. EBRAHIM, JJ
Shaukat Ali, Senior Advocate instructed by Ejaz.Ahmad Khan,, Advocate-on-Record (absent) for Appellants. Maulvi Sirajul Haq, Advocate with Ch. Akhtar Ali, Advocate-on-Record for
Respondent No. 1. Nemo for
Respondents Nos. 2 to 11
Criminal Appeal No. 98 of 1975, decision dated: 22nd December 1980. (On appeal from the judgment and order dated 24-9-1974 in Writ Petition No. 123/72 of the Peshawar High Court)
ANWARUL HAQ, E., J., DORAB PATEL, MUHAMMAD HALEEM AND FAKHRUDDIN G. EBRAHIM, JJ
Shaukat Ali, Senior Advocate instructed by Ejaz.Ahmad Khan,, Advocate-on-Record (absent) for Appellants. Maulvi Sirajul Haq, Advocate with Ch. Akhtar Ali, Advocate-on-Record for
Respondent No. 1. Nemo for
Respondents Nos. 2 to 11
MVHAMMAD SIDDIQ AND others
VS
GOVERNMENT OF PAKISTAN AND others
Law:
Section:
(a) Constitution of Pakistan (1973)---Arts. 199 & 247(7)-Jurisdiction of High Court and- Supreme Court over Tribal Areas--Special leave to appeal-Granted by Supreme Court to examine contention that in reaching conclusion that it had no jurisdiction over Khyber Agency, High Court had omitted to notice that orders of Assistant Political Officer challenged before it were issued within jurisdiction of Court.-[Jurisdiction]. (b) Constitution of Pakistan (1973)-- Art. 247 (7) read with art 199-- Ouster of jurisdiction of superior Courts over Tribal Areas-Not to be lightly assumed---Jurisdiction of Supreme Court and High Courts excluded only in matters exclusively concerned with Tribal Areas--Ouster clause cannot be interpreted to exclude jurisdiction of superior Courts in matters in which any part of cause of action accrues or any effective action or step taken or performed at a place outside Tribal Area.-[Jurisdiction]. The ouster of jurisdiction of the 'superior Courts is not to be lightly assumed, and the plain meaning and intention of the ouster clause appears to be to exclude the jurisdiction of the Supreme Court and the High Courts only in those matters, which are exclusively concerned with Tribal areas, and that the ouster clause cannot be interpreted so as to exclude the jurisdiction of a superior Court, in matters in which any part of the cause of action accrues, or any effective action or step is taken or performed in, or at, a place outside the Tribal area, affecting the life, liberty or property of a citizen of Pakistan, or any other person for the time being in Pakistan, and having the right to be governed by the ordinary law of the land and in accordance with the procedures obtaining thereunder. Jamil Ahmad v. State P L D 1969 S C 344 ; Abdul Ghani v. Shoedar Khan P L D 1968 S C 131; Superintendent, Land Customs v. Zawar Khan P L D 1969 S C 485; Abdul Rahim v. Home Secretary, Government of West Pakistan P L D 1974 S C 109 and Manzoor Elahi v. Federation of Pakistgn P L D.,1975 S C 66 ref. JUDGMENT ANWARUL HAQ, C. J.-This appeal, by the leave of the Court, seeks to call in question an order made by a Division Bench of the Peshawar High Court,…
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