SUHBAT KHAN vs KANDI BARAMI TAPPA KARNA KHEL, Khyber Agency Ss — 2024 PLD 60 PESHAWAR-HIGH-COURT

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SUHBAT KHAN VS KANDI BARAMI TAPPA KARNA KHEL, Khyber Agency Ss. 8 & 55-a---Constitution of Pakistan, art. 264 [as amended by the Constitution (Twenty-Fifth amendment) act (XXXVII of 2018)]---Constitutional petition---Repeal of Frontier Crimes Regulations, 1901---Pending investigations, trials and appeals---Effect---Petitioners were facing proceedings under Frontier Crimes Regulations, 1901, which were at investigation stage or before Tribunal and some were pending before Courts under ordinary laws---Petitioners were aggrieved of post repeal proceedings---Validity---No credence could be given to proceedings conducted by Jirga/Panchayat---Inquiry and investigation were procedural matters for which regular police agency was working under the merged area, therefore, in such peculiar circumstances it was requirement of natural justice that those matters were to be investigated by regular police and after completion of investigation, the matters were to be placed before Court of competent jurisdiction through the office of District Public Prosecutor---In certain cases re-investigation could be a futile exercise---Reinvestigation could be conducted to unearth the truth where fairness, rectitude and impartiality so demanded but there were certain conditions and limitations which might include visible defects in first investigation or flaws in final report detected subsequently or first investigation was unsatisfactory for many reasons including non-availability of evidence or successful induction of false evidence during investigation or corrupt behavior of police officer---High Court transferred all such cases to Federally administered Tribal area Tribunal established under S. 55-a of Frontier Crimes Regulations, 1901, which were transferred to High Court after repeal---High Court directed Provincial Government to constitute and notify Federally administered Tribal area Tribunal for adjudication of the such cases as well as other cases which would arise out of the judgment of the Commissioner or other fora---High Court transferred pending criminal appeal to Commissioner Kohat Division Kohat for adjudication under Frontier Crimes Regulations, 1901---High Court directed Provincial Government to also notify office of Commissioner under the enabling provision of Frontier Crimes Regulations, 1901---High Court directed to place before the respective Benches for determination on its own merits the cases in which offences were committed prior to promulgation of Constitution (Twenty-Fifth amendment act, 2018) and respective Bench might refer the case/ proceedings to District Public Prosecutor of the respective Districts/merged area, who would thoroughly examine the record and could refer the case for reinvestigation to the concerned Police Station with direction to reinvestigate the matter and thereafter submit a complete challan before the competent court of law under S. 173 of Criminal Procedure Code---High Court further directed that cases relating to civil disputes which did not culminate into final judgment, were pending before Political agents, and were transferred to the regular Courts would remain pending with respective Courts---High Court set aside judgments/decree passed by the District Judges/additional District and appeals which were transferred to the Courts were sent back to relevant forum (Commissioner FCR) for adjudication under Frontier Crimes Regulations, 1901---Constitutional petition was allowed accordingly.

SUHBAT KHAN vs KANDI BARAMI TAPPA KARNA KHEL, Khyber Agency Ss — 2024 PLD 60 PESHAWAR-HIGH-COURT

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