2005 PLP 1685 (MLD)

SALIM KHAN, J.

Learned counsel for the petitioner argued that the petitioner was first arrested by the Political Authorities of Federally Administered Tribal Areas, but, on submission of the petition and on proceedings thereon, the petitioner was released, but he was again arrested at D.I. Khan where he was in the Central Jail in the A previous case and was released from the jail. He submitted that the provisions of section 86-A, Cr.P.C. have not been complied with.

2. The petitioner is admittedly a resident of Parachinar which is a part of the Federally Administered Tribal Areas. He was in Central Prison in D.I. Khan, not as a detenu for Provincial purposes, but as a detenu of the Federal Authorities. There is an agreement between the Federal Government and the Provincial Government of North-West Frontier that the detenu of the Federally Administered Tribal Areas are kept in the Prisons within the North-West Frontier Province for and on behalf of the Authorities of Federally Administered Tribal Areas. The presence of such a detenu in a prison within the limits of North West Frontier Province does not, by itself, brings him outside the jurisdiction of Federally Administered Tribal Areas or within the jurisdiction of North-West Frontier Province.

3. Section 40 of the Frontier Crimes Regulation, 1901, is for security purposes whereunder sureties are demanded from a certain person, like the petitioner, otherwise he is kept in custody for a period not exceeding three years. The Commissioner, Frontier Crime Regulation, is the Authority for hearing the appeals against the order of Political Agent acting as Deputy Commissioner in an Agency, or against the order of an Assistant Political Agent dealing with a case as an Additional Deputy Commissioner under the provisions of Frontier Crimes Regulation, 1901. There is a Tribunal for revision against the order of the Commissioner FCR.

4. Under Article 1 of the Constitution of the Islamic Republic of Pakistan, 1973, the Federally Administered Tribal Areas are included in the territories of Pakistan. The Federally Administered Tribunal Areas are mentioned in Article 246 of the Constitution. Due to clause (7) of Article 247 of the Constitution of Islamic Republic of Pakistan, neither the Supreme Court nor a High Court shall exercise any jurisdiction under the Constitution in relation to a Tribal Area, unless 'Majlis-e-Shoora (Parliament) by law otherwise provides: Provided that nothing in this clause shall affect the jurisdiction which the Supreme Court or a High Court exercised in relation to a Tribal Area immediately before the commencing day which is 14th of August, 1973.

5. It has not been brought on record that Peshawar High Court had ever exercised jurisdiction in relation to Federally Administered Tribal Areas before the 14th day of August, 1973. There is also nothing on the record that Majlis-e-Shoora (Parliament) by any law provided that Peshawar High Court shall exercise any jurisdiction under the Constitution in relation to Federally Adminsitered Tribal Areas.

6. The petitioner was arrested under the provisions of law, and not administratively, whereunder special forums are available for adjudicating upon the judicial matters. The petitioner has the remedy to go to those forums but has no locus standi to come to this Court through a writ petition. In the light of what has been mentioned above, this writ petition is dismissed in limine. M.B.A./480/P Petition dismissed.