ABDUL KHALIQ vs State S — 2025 SCMR 527 SUPREME-COURT

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ABDUL KHALIQ VS State S. 121-a---Frontier Crimes Regulations (III of 1901) [since repealed], Reglns. 11 & 40---Constitution of Pakistan, art. 247---Waging war, conspiracy of---Right of appeal---Scope---Constitutional amendment---Retrospective effect---accused assailed his conviction and sentence awarded by Trial Court whereby he was sentenced to 14 years of imprisonment---Validity---Where a particular statute/law provides a self-contained mechanism and well defined forum of redressal for determination of questions of law or facts by way of an appeal or revision to another authority or tribunal as the case may be, the same has to be followed being remedy provided under law---accused without exhausting such remedies can be allowed to invoke Constitutional jurisdiction of High Court---Such jurisdiction of High Court cannot be exploited as the sole solution when there are equally effective and adequate alternative remedies provided under law---Such remedies cannot be bypassed to invoke Constitutional jurisdiction---Retrospective effect cannot be given to a Constitutional amendment, without any such intention by Legislature, otherwise matters decided prior to Constitutional amendment would also need to be reviewed by Constitutional Courts and it would open flood gates to any case---In the present case, provision of article 247 of the Constitution was in field and jurisdiction of High Court was barred in matters exclusively dealt with by FaTa hierarchy---Supreme Court declined to interfere in conviction and sentence awarded to accused as the judgment passed by Trial Court had attained finality---Petition for leave to appeal was dismissed and leave to appeal was refused.

ABDUL KHALIQ vs State S — 2025 SCMR 527 SUPREME-COURT

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