Law: Frontier Crimes Regulation (III of 1901)

Section: 21

Law: Constitution of Pakistan, 1973

Section: 199

(a) Frontier Crimes Regulation (III of 1901)--- ----S. 21---Constitution of Pakistan (1973), Art.199---Constitutional petition---Acting in hostile or unfriendly manner towards government---Attachment of property by Political Agent---Scope---Certain properties of petitioner were ordered to be attached by Political Agent which action was challenged by the petitioner---Political Agent contended that under S.21 of Frontier Crimes Regulation, 1901, political authorities could attach properties of persons belonging to tribal areas, acting in hostile or unfriendly manner towards government, despite the fact that properties might be situated in settled areas---Validity---Penal action under S.21 of Frontier Crimes Regulation, 1901, was qualified by the phrase, "acting in hostile or unfriendly manner toward the government"---Political authorities were not to exercise absolute or unconditional discretion while taking action against a tribe or its member---"Acting in hostile manner" was a serious charge which was not applicable to the present case---Term "unfriendly manner" was, however, a diluted but a wide term---Creating unrest might or might not amount to "acting in unfriendly manner"---Principles of natural justice demanded that under S.21 of the Regulation concerned person was to be informed of the proposed action to be taken against him---Principles of natural justice were to be read as part and parcel of every statute despite the fact that they were not specifically stated in the statute---Notice issued to father was not to be presumed to be a valid notice to son and any illegal activity of father was not to justify penal action against personal property of his son who was not proved to be involved in any such activity---Orders issued by Political Agent for attachment of petitioner's properties were set aside---Petition was accepted. H.M. Saya and Company v. Wazir All Industries Ltd. PLD 1969 SC 65 and NAB v. Mst. Zahida Sattar PLD 2001 Kar. 256 rel. (b) Frontier Crimes Regulation (III of 1901)--- ----S. 21---Constitution of Pakistan (1973), Art.199---Constitutional petition---Attachment of company's property---Penal action against Director not to justify coercive…

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