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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: STATE through AdvocateGeneral, N.W.F.P. and another VS Respondent: SAJJAD HUSSAIN and others
Court Name: Supreme Court of Pakistan Judge(s):Nasim Hasan Shah, Maulana Muhammad Taqi Usmani, Peer Muhammad
karam Shah Title:STATE through AdvocateGeneral, N.W.F.P. and another vs SAJJAD HUSSAIN and others Case No.: Criminal Petition No,29-R(S) of 1989 Date of Judgment:1989-06-27 Reported As: 1990 SCMR 581 Result: Leave granted Judgment ORDER ' NASIM HASAN SHAH, J.--The respondents were apprehended, tried, convicted and sentenced for possession of large quantities of heroin in the Federally Administered Tribal Areas by the political authorities under the Frontier Crimes Regulations No,III of 1901. The petitioners challenged' their conviction and sentence by filing appeals before the Federal Shariat Court and the question arose as to whether the Federal Shariat Court had the jurisdiction to entertain the appeals in respect of offences committed and tried in the Federally Administered Tribal Areas. 'The Federal Shariat Court examined the question of jurisdiction as a preliminary issue and held that it did have the jurisdiction to entertain and hear the appeals. This finding is seriously challenged by the State through this petition for leave to appeal, and the questions, inter alia, which arise for determination, are whether the Federal Shariat Court constituted under Article 203- C of the Constitution can exercise jurisdiction in respect of or in relation to Federally Administered Tribal Areas. This and other questions arising in this case are of general public importance and involve the interpretation of the provisions of the Constitution. ' Leave is, accordingly, granted. ' The appeal shall be made ready on the present record and fixed for hearing at a very early date. ' Meanwhile further proceedings before the Federal Shariat Court shall remain stayed.