1990SCMR581 (PLP)
STATE through Advocate‑General, N.‑W.F.P. and another‑‑Petitioners Versus SAJJAD HUSSAIN and others‑‑Respondents
| Citation | 1990SCMR581 (PLP) |
| Forum / Court | Shariat Appellate Bench |
| Bench Members | Nasim Hasan Shah, Pir Muhammad Karam Shah and Maulana Muhammad Taqi Usmani, JJ |
| Parties | STATE through Advocate‑General, N.‑W.F.P. and another‑‑Petitioners Versus SAJJAD HUSSAIN and others‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1990SCMR581 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990SCMR581 (PLP)?
The case was heard and decided by the Shariat Appellate Bench bench comprising: Nasim Hasan Shah, Pir Muhammad Karam Shah and Maulana Muhammad Taqi Usmani, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990SCMR581 (PLP) (STATE through Advocate‑General, N.‑W.F.P. and another‑‑Petitioners Versus SAJJAD HUSSAIN and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- J. D. Akbarji, Advocate‑General. N.‑W.F.P. and Nur Ahmad Khan, Advocate‑on‑Record (absent) for Petitioners.
- Nemo for Respondents.
- Date of hearing: 27th June, 1989.
- STATE through Advocate‑General, N.‑W.F.P. and another‑‑Petitioners
Headnotes / Summary
(On appeal from the judgment dated 8‑2‑1989 of the Federal Shariat Court in Cr.A.No.46‑P of 1988). ‑‑‑Arts.185(3) & 203‑C‑‑‑Leave to appeal‑‑‑Question whether Federal Shariat Court constituted under Art. 203‑C of Constitution could exercise jurisdiction in respect of or in relation to Federally Administered Tribal Areas and other questions arising in the case needed determination which were of general public importance and involved interpretation of provisions of Constitution‑‑‑Leave to appeal was granted in circumstances.
Judgment & Decree
J. D. Akbarji, Advocate‑General. N.‑W.F.P. and Nur Ahmad Khan, Advocate‑on‑Record (absent) for Petitioners. Nemo for Respondents. Date of hearing: 27th June, 1989. 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.1II 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. N.H.Q./S‑491/S Leave granted.