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Initializing Secure Chambers
Petitioner: QADIR BAKHSH VS Respondent: COMMISSIONER, FRONTIER CRIMES REGULATION
1969 S C M R 128
1969 S C M R 128
Present: Hamoodur Rahman and Muhammad Yaqub Ali, JJ
QADIR BAKHSH‑Petitioner
versus
COMMISSIONER, FRONTIER CRIMES REGULATION QUETTA DIVISION AND OTHERS Respondents
Civil Petition for Special Leave to Appeal No. 130 of 1967, decided on 22nd October 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, dated the 23rd May 1967, in L. P. A. No. 8 of 1963).
Constitution of Pakistan (1962)
--Art. 98 and Frontier Crimes Regulation (III of 1901)‑Sentence of fire passed by District Magistrate under Frontier Crimes Regulation, 1901‑Order whether not amenable to writ jurisdiction of High Court‑Special Leave to Appeal granted by Supreme Court to consider question.
Muhammad Akram and others v. The State P L D 1963 S C 373 and Sardar 1Yawab Haji Muhammad Khan v. Additional Commissioner, Quetta and others P L D 1964 Lah. 401 ref.
S. M. Masud, Advocate Supreme Court instructed by Wajid Hussain, Senior Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 21st October 1968.
ORDER
MUHAMMAD YAQUB ALI, J.‑The High Court has following the decision in Muhammad Akram and others v. The State (P L D 1963 S C 373) declined to judicially review the order of the District Magistrate, Quetta, sentencing the petitioner to pay a fine of Rs. 2,000 under the Frontier Crimes Regulation on the view that such an order was not amenable to writ jurisdiction.
It is contended that the decision in Muhammad Akram and others v. The State given under the Laws (Continuance in Force) Order, 1958, was not applicable to the facts of the case as held by a Full Bench of the High Court in Sardar Nawab Haji Muhammad Khan v. Additional Commissioner, Quetta and others (P L D 1964 Lah.401).
The question raised is of general public importance. Leave is granted. Security‑Rs. 1,000
Leave granted.