Law:

Section:

Bench, Peshawar, dated the 7th December 1964 in Habeas Corpus Petition No, 586 of 1964).Frontier Crimes Regulation (III of 1907), S. 11 & Constitution of Pakistan (1962), Art. 98-Proceedings under S. 11, F. C. R., held in judicial or pretended judicial capacity, within territories where writ of High Court runs-High Court has power in certiorari to examine propriety and legality Person imprisoned in territory within jurisdiction of High Court-High Court in exercise of its power under habeas corpus, competent to examine authority for imprisonment despite fact that source of authority be outside the territory-Person tried, convicted and imprisoned within territorial jurisdiction of High Court (Peshawar) under S. 11, F. C. R. allegedly committed in tribal territory (Landi Kotal)-High Court's jurisdiction under Art. 98, Constitution of Pakistan (1961), to examine propriety and legality of everything done within its territories not excluded merely because offence committed outside its territories-Principle laid down in Piao Gul v. State P L D 1960 S C (Pak.) 307 and State v. Dosso and another P L D 1958 S C (Pak.) 533 clarified-Criminal Procedure Code (V of 1898), S. 491. JUDGMENT CORNELIUS, C. J.-In this case, special leave was granted ,to the appellant Sar Khan to appeal against the dismissal of his habeas corpus petition presented under Article 98 of the Constitu­tion and section 491 of the Code of Criminal Procedure, to call in question his imprisonment at Abbottabad in consequence of a conviction recorded against him by a Political Agent, namely, the Additional District Magistrate of Khayber, for an offence under section 307, P. P. C., for which he had been tried under section 11 of the Frontier Crimes Regulation. The following facts are clear. The alleged offence took place at Landi Kotal, which is in tribal territory, on the 23rd June 1964. The case was referred to Jirga by the aforesaid Additional District Magistrate. It is a feature of the case that the order of reference to the Jirga, the entire proceedings before the Jirga as well as its report, and the final order of conviction by the Additional District Magistrate alt were made and carried out on a…

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