AKBAR KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA S — 2022 PLD 83 PESHAWAR-HIGH-COURT

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AKBAR KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA S.3---Settlement of Disputes of Immovable Property (Chitral) Regulation (III of 1974), Para. 10---Constitution of Pakistan, Arts.199 & 247 [as omitted by Constitution (Twenty-Fifth Amendment) Act, 2018]---Constitutional petition---Reading down, doctrine of---Applicability---Factual controversy---Civil Court, jurisdiction of---Absence of saving clause---Effect---Dispute was with regard to rights of parties for grazing their animals in State owned pastures---Plea raised by petitioners was jurisdiction of Civil Courts was barred under paragraph 10 of Settlement of Disputes of Immovable Property (Chitral) Regulation (III of 1974)--- Validity---Provision of Art. 247 of the Constitution was omitted from the Constitution vide Constitution (Twenty-Fifth Amendment) Act, 2018, without providing any savings---As a result thereof all Regulations issued under Art. 247 of the Constitution by President or Governor with the previous assent of the President, stood repealed---If Parliament, while performing its constituent function at the time of enacting Constitution (Twenty-Fifth Amendment) Act, 2018, intended to give continuity to erstwhile regime, the Parliament would have provided for a saving clause while repealing Art. 247 of the Constitution---By not doing so intention of Legislatures was that they wanted to extend regular legal regime as prevalent in rest of the country to newly merged Districts forming part of Federally Administered Tribal Areas and Provincially Administered Tribal Areas and they wanted to do away with tribal status of all such areas and wanted to include them in main-stream---High Court employed instrumentality of reading down for the purpose of avoiding to strike down the statute in its entirety, so as the statute could remain functional in giving continuity to those laws which were not in conflict of Constitutional provisions or militate against separation and independence of judiciary---High Court read down provision of S.3 of Khyber Pakhtunkhwa Continuation of Laws in the Erstwhile Provincially Administered Tribal Areas Act, 2018 to the extent it would give continuity to Settlement of Disputes of Immovable Property (Chitral) Regulation III of 1974---High Court in exercise of Constitutional jurisdiction declined to interfere in the matter as alternate remedy before Civil Court was available to petitioners---Constitutional petition was dismissed, in circumstances. Head NotesCase Description

AKBAR KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA S — 2022 PLD 83 PESHAWAR-HIGH-COURT

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