Law:

Section:

(a) Constitution or Pakistan (1973)-------Art. 199---Constitutional petition for saving the petitioner and her husband from being subjected to Jirga system---Petitioner had complained to the police to protect her life and the life of her husband but when she could not get a proper response and on the contrary site and her family members were being harassed, she approached the High Court to save her life and that of her husband---Duty was cast upon the Court to save the life of the citizens---Respondents had not controverted the said allegations by denying the same in their written statements or by filing their own affidavits---Factual aspect of the allegations of the petitioner thus stood proved ---Jirga system being not a creation of Constitution or law, Jirga was not a Parliament and they could not declare a valid marriage contracted under the provisions of the relevant law as invalid or unlawful---Supreme Court had already held that for contracting a marriage consent of parents was not essential if the parties were sui juris---Boy and girl having become husband and wife through a valid marriage could not be declared as "Karo Kari" during the subsistence of their marriage---Persons participating in such a Jirga would expose themselves to appropriate action to be taken against them---All executive and judicial authorities throughout the country were duty bound to come in aid of Supreme Court and its decision was to be protected, preserved and implemented by all concerned---Duty of the police was to act swiftly and to preserve the basic fabric of the society, Injunctions of Islam, law of the land and decision of the Supreme Court---Decision of Jirga declaring a valid piece of law as unlawful amounted to legislation and usurping the powers of parliament---After the repeal of the West Pakistan Criminal Law (Amendment) Act, 1963, trials known as Jirga trials were not permissible ---Jirga system, thus, was unlawful and illegal, the same being against the provisions of` the Constitution and the law of the land---Police was duty bound to take appropriate action to prevent the holding of Jirgas---Official respondents were consequently directed to provide due…

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