2001 PLP 901 (SCMR)
MUHAMMAD RIAZ — Petitioner Versus SECRETARY, MINISTRY OF KASHMIR AFFAIRS AND NORTHERN AREAS, GOVERNMENT OF PAKISTAN and 15 others — Respondents
| Citation | 2001 PLP 901 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Bashir Jehangiri, Nazim Hussain Siddiqui and Rana Bhagwan Das, JJ |
| Parties | MUHAMMAD RIAZ — Petitioner Versus SECRETARY, MINISTRY OF KASHMIR AFFAIRS AND NORTHERN AREAS, GOVERNMENT OF PAKISTAN and 15 others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2001 PLP 901 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 PLP 901 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Bashir Jehangiri, Nazim Hussain Siddiqui and Rana Bhagwan Das, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLP 901 (SCMR) (MUHAMMAD RIAZ — Petitioner Versus SECRETARY, MINISTRY OF KASHMIR AFFAIRS AND NORTHERN AREAS, GOVERNMENT OF PAKISTAN and 15 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sheikh Riazul Haq, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 19th January, 2001.
- ----Arts.1(2)(d), 260 & 212(3)---Service of Pakistan---Northern Areas whether territories forming part of Pakistan---Service Tribunal had not considered the petitioner as civil servant and his appeal was dismissed-- Leave to appeal was granted by Supreme Court to consider as to whether the Executive Authority of the Federation of Pakistan having been exercising its power and continuous occupation of the Northern Areas for the last 52 years, the employees of the Northern Areas were discharging their functions in connection with the affairs of the Federation which squarely fell within the ambit of "Service of Pakistan" as defined in Art.260 of the Constitution; whether the territories of Northern Areas found mention in Art. 1(2)(d) of the Constitution and, therefore, form part of Pakistan and whether the question that the territories known as "Northern Areas" did or did not form part of the Federation was not determinable by the Service Tribunal in the light of principles enunciated by Supreme Court in The Superintendent, . Land Customs, Torkham (Khyber Agency) v. Zewar Khan and 2 others (PLD 1969 SC 485) and Al-Jehad Trust through Habibul Wahab Al-Khairi, Advocate and 9 others v. Federation of Pakistan through Secretary, Ministry of Kashmir Affairs. Islamabad and 3 others (1999 SCMR 1379).
- The Superintendent, Land Customs, Torkham (Khyber Agency) v. Zewar Khan and 2 others PLD 1969 SC 485 and Al-Jehad Trust through Habibul Wahab Al-Khairi, Advocate and 9 others v. Federation of Pakistan through Secretary, Ministry of Kashmir Affairs, Islamabad and 3 others 1999 SCMR 1379 ref.
- 4. We have heard Sheikh Riazul Haque, learned Advocate Supreme Court appearing on behalf of the petitioner and grant leave to appeal to consider the following propositions:--
- (iii) Whether the question that the territories known as "Northern Areas" do or do not form part of the Federation was not determinable by the learned Tribunal in the light of the principles enunciated by this Court in the cases of : The Superintendent, Land Customs, Torkham (Khyber Agency) v. Zewar Khan and 2 others (PLD 1969 SC 485) and Al-Jehad Trust through Habibul Wahab Al-Khairi, Advocate and 9 others v. Federation of Pakistan through Secretary, Ministry of Khashmir Affairs, Islamabad and 3 others (1999 SCMR 1379).
Headnotes / Summary
(On appeal from the judgment, dated 9-12-2000 Federal Service Tribunal, Islambad, passed in Appeal No.770(R)CS of 2000).
Arts.1(2)(d), 260 & 212(3)
Northern Areas whether territories forming part of Pakistan
Service Tribunal had not considered the petitioner as civil servant and his appeal was dismissed-- Leave to appeal was granted by Supreme Court to consider as to whether the Executive Authority of the Federation of Pakistan having been exercising its power and continuous occupation of the Northern Areas for the last 52 years, the employees of the Northern Areas were discharging their functions in connection with the affairs of the Federation which squarely fell within the ambit of "Service of Pakistan" as defined in Art.260 of the Constitution; whether the territories of Northern Areas found mention in Art. 1(2)(d) of the Constitution and, therefore, form part of Pakistan and whether the question that the territories known as "Northern Areas" did or did not form part of the Federation was not determinable by the Service Tribunal in the light of principles enunciated by Supreme Court in The Superintendent, . Land Customs, Torkham (Khyber Agency) v. Zewar Khan and 2 others (PLD 1969 SC 485) and Al-Jehad Trust through Habibul Wahab Al-Khairi, Advocate and 9 others v. Federation of Pakistan through Secretary, Ministry of Kashmir Affairs. Islamabad and 3 others (1999 SCMR 1379). The Superintendent, Land Customs, Torkham (Khyber Agency) v. Zewar Khan and 2 others PLD 1969 SC 485 and Al-Jehad Trust through Habibul Wahab Al-Khairi, Advocate and 9 others v. Federation of Pakistan through Secretary, Ministry of Kashmir Affairs, Islamabad and 3 others 1999 SCMR 1379 ref.
Judgment & Decree
MUHAMMAD BASHIR JEHANGIRI, J.
Muhammad Riaz petitioner seeks leave to appeal under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973, against, the judgment dated 9-12-2000 passed by the learned Federal Service Tribunal (the Tribunal), in Appeal No.770(R)/CS of 2000.
2. The facts of the case, briefly stated, are that the petitioner was employed as Sub-Inspector in the, Office of the Superintendent of Police, Northern Areas, Skardu. After exhausting departmental remedy, he filed service appeal in the Tribunal with a view to seeking his confirmation in the service. The learned Tribunal which was seized of the appeal, non-suited the petitioner, holding that the petitioner was not in the service of Pakistan within the ambit of Articles 240 and 260 of the Constitution of Islamic Republic of Pakistan, 1973, and, therefore, he did not fall within the definition of civil servant provided for in the Service Tribunals Act (LXX of 1973.). In point of fact what the learned Tribunal has held is that the Northern Areas are not forming part of the Federation of Pakistan.
3. The petitioner, feeling aggrieved, seeks leave to appeal.
4. We have heard Sheikh Riazul Haque, learned Advocate Supreme Court appearing on behalf of the petitioner and grant leave to appeal to consider the following propositions:-- (i) Whether the Executive Authority of the Federation of Pakistan, has been exercising its power and continuous occupation of the Northern Areas for the last 52 years, therefore, the employees of the Northern Areas are discharging their functions in connection with the affairs of the Federation which squarely falls within the ambit of "Service of Pakistan" as defined in Article 260 of the Constitution of Islamic Republic of Pakistan. 1973" (ii) Whether the territories of Northern Areas find mention in Article No.1(2)(d) of the Constitution and, therefore, form the part of Pakistan? (iii) Whether the question that the territories known as "Northern Areas" do or do not form part of the Federation was not determinable by the learned Tribunal in the light of the principles enunciated by this Court in the cases of : The Superintendent, Land Customs, Torkham (Khyber Agency) v. Zewar Khan and 2 others (PLD 1969 SC 485) and Al-Jehad Trust through Habibul Wahab Al-Khairi, Advocate and 9 others v. Federation of Pakistan through Secretary, Ministry of Khashmir Affairs, Islamabad and 3 others (1999 SCMR 1379).
5. The appeal arising out of the titled petition is directed to be listed for hearing in Court within four months. C.M.A. No.31 of 2001 The operation of the impugned judgment of the learned Tribunal is suspended in the meantime. Q.M.H./M.A.K./M-218/S Leave granted.