Law:

Section:

Criminal Procedure Code (V of 1898)--S.382-B---Penal Code (XLV of 1860), Ss.302 & 307---Provincially Administered Tribal Areas Criminal Law (Special Provisions) Regulation (I of 1975), S:3---Provincially Administered Tribal Areas (Nifaz-e-Nizam-e­Shariah) Regulation (II of 1994), S.11---Constitution of Pakistan (1973), Art.247(3)---Availability of benefit of 5.382-B, Cr.P.C. to the accused, determination of---Contention was that Provincially Administered Tribal Areas Criminal Law (Special Provisions) Regulation No.1 of 1975 having been declared violative of the Constitution by Supreme Court by its reported as PLD 1995 SC 281, S. 382-B, Cr.P.C. was available for the advantage of the accused---Validity---Contention had no force, firstly because said point was not argued before the Original, Appellate or Revisional Forum constituted under the Provincially Administered Tribal Areas Criminal Law (Special Provisions) Regulation No.1 of 1975 and the same could not be legally permitted to be raised for the first time at such a late stage; secondly, the amendment in the Code of Criminal Procedure by which S.382-B was added had not been made applicable to the Provincially Administered Tribal Areas as envisaged by Art. 247(3) of the Constitution, thirdly, Supreme Court in its delivered on 12-2-1.994 reported as PLD 1995 SC 281 had declared that the same would not affect the cases both criminal and civil which had since been disposed of by the Jirga constituted under the said Regulation ---Jirga, in the present case had submitted its award on 27-1-1991 and even the Revisional Court which was the final Court in the hierarchy under the Regulation had given decision in the case on 10-2-1992 concluding the same finally before the date of said decision by the Supreme Court and as such the matter in question was a past and closed transaction--­Provincially Administered Tribal Areas (Nifaz-e-Nizam-e-Shariah) Regulation, 1994 (N.-W.F.P. Regulation No. II of 1994) noticed on 14-11-1994 had by its S.11 repealed wi6, effect from 12-2-1994 the Provincially Administered Tribal Areas Criminal Law (Special Provisions) Regulation No. I of 1975 which was the date on which Supreme Court…

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