Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Maintainability---Petitioner, an accused person and having been declared as absconder in cases registered against him seeking relief to the effect that officials (respondents) be restrained from using Military, Para-Military or Police Force to conduct large scale armed punitive operation against civilian population of his tribe---Officials (respondents) taking plea that on account of series of long-standing enmity and criminal cases between two tribes i.e. petitioner's tribe and non-official respondent's tribe and nature of the people of petitioner's tribe, it was necessary to take proposed actions in the matter---Public functionaries in a situation of such type having taken precautions and having deployed forces for purpose of maintenance of law and order situation and also for stopping of illegal trafficking of arms and narcotics their such action should rather be commended than condemned--­Allegation of wrongful confinement and excessive use of forces had been categorically denied by the officials concerned---Petitioner being accused person and fugitive from law and being not present in Court; his statement in Constitutional petition could not be given preference to official version of concerned officials---Nothing was placed on record on basis whereof public, functionaries could be accused of performing their functions in any excessive and illegal manner---Specific bar of jurisdiction existed against challenging the presence of Military and para-Military forces and no order or direction could be issued against them---Constitutional petition was not maintainable in circumstances. Malik Muzaffar Khan v. Government of the Punjab and 2 others 198n SCMR 122; Government of Pakistan, Rawalpindi v. Saeed Ahmad Khan and others PLD 1974 SC 151; Ghulam Haider and 7 others v. S.H.O., City Policc Station, Quetta and 9 others PLD 1989 SC 479 and Government of Sindh through the Chief Secretary and others v. Khalil Ahmad and others 1994 SCMR 782 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Maintainability---Constitutional petition; by person accused in…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492