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SC returns petition on Bajaur incident
Staff Report
ISLAMABAD—The Supreme Court on Monday returned a petition on Bajaur
incident declaring it non-entertainable. The petition was filed under
Article 184(3) of the constitution. Returning back the petition, the
court held that apparently, no fundamental right guaranteed by law has
been violated, therefore, the petitioner has no locus standi to persuade
the apex court to entertain the petition.
It further held that a perusal of petition indicates that it involves
misconception of facts, which cannot be resolved in its Constitutional
Jurisdiction. It was also held that the apex court under Article 184(3)
can only exercise jurisdiction in the areas where Constitutional
Provisions have been extended by law.
Under Article 247(7) neither the Supreme Court nor a High Court shall
exercise any jurisdiction under the Constitution in relation to a Tribal
Area, unless (Parliament) by law or otherwise provides- Provided that
nothing in this clause shall effect the jurisdiction which the Supreme
Court or a High Court exercise in relation to a Tribal Area immediately
before the commencing day. The court said that aggrieved persons may
approach the proper forum for redressal of their grievance. |