SARDAR ALI vs Syed ASKAR ALI SHAH AND Other — 1970 SCMR 147

Citation: 1970 SCMR 147

Court: Supreme Court of Pakistan

Year: 1967

Decision Date: 1967-10-13

Parties: SARDAR ALI vs Syed ASKAR ALI SHAH AND Other

Headnotes

Case cited as 1970 SCMR 147

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Muhammad Yaqub Ali Khan Title: SARDAR ALI vs Syed ASKAR ALI SHAH AND Other Case No.:Civil Petition for Special Leave to Appeal No. 296 of 1967 Writ Petition No. 592 of 1967 Date of Judgment:1967-10-13 Reported As: 1970 SCMR 147 Result: Leave granted Judgment ORDER CORNELIUS, C. J.-The petitioner having been detained by an order under the Frontier Crimes Regulation, as a result of proceedings taken and orders made, in the Tribal Area, he moved a revision before the Commissioner, Peshawar, Division, which was decided without a hearing, at Peshawar. He applied to the Home Secretary for relief, but was informed that the application was not competent. He then moved a writ in the High Court, which has been refused by a Division Bench, on the single ground that the matter relates to a Tribal Area, and the Court has no jurisdiction. Leave is sought to appeal against this order. The question is of substantial importance, as rights to liberty and property are involved, and the hearing, hitherto have been before a Jirga and thereafter before the Political Agent in open darbar, where precision in application of procedure and (in this case) the Turi Zuni Riwaj may well not have bee achieved. The latter point is not mentioned in the Political Agent's order. We accordingly grant leave to appeal on the question whether the Commissioner should not have granted the petitioner a hearing before making an order on his revision…

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