STATE through AdvocateGeneral, N.W.F.P. and another vs SAJJAD HUSSAIN and others
This matter concerns a petition for leave to appeal filed by the State against an order of the Federal Shariat Court, which had asserted its jurisdiction to hear appeals against convictions and sentences passed by political authorities in the Federally Administered Tribal Areas (FATA) under the Frontier Crimes Regulations 1901. The respondents had been convicted for the possession of large quantities of heroin. The core legal question before the Supreme Court is whether the Federal Shariat Court, as constituted under Article 203-C of the Constitution of Pakistan 1973, possesses the legal authority or jurisdiction to entertain appeals regarding offences committed and tried within the Federally Administered Tribal Areas. The Supreme Court granted leave to appeal, noting that the issue involves significant questions of general public importance regarding the interpretation of constitutional provisions. Consequently, the Court stayed further proceedings before the Federal Shariat Court pending the final adjudication of the appeal. The matter is set to be heard on the existing record to determine the scope of the Federal Shariat Court's appellate jurisdiction in relation to the tribal areas.
- Does the Federal Shariat Court have jurisdiction to entertain appeals in respect of offences committed and tried in the Federally Administered Tribal Areas?
- Can the Federal Shariat Court, as constituted under Article 203-C of the Constitution of Pakistan 1973, exercise jurisdiction in relation to the Federally Administered Tribal Areas?
- Frontier Crimes Regulations 1901
- Article 203-C, Constitution of Pakistan 1973
ORDER
1. ' 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.
2. '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.
3. ' Leave is, accordingly, granted.
4. ' The appeal shall be made ready on the present record and fixed for hearing at a very early date.
5. ' Meanwhile further proceedings before the Federal Shariat Court shall remain stayed.