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Constitutional Petition No. 1143 of 1973, decided on 17th December 1973.

‑‑ S. 2 read with Constitution (First Amendment) Act (I of 1963), S. 10, Constitution of Pakistan (1962), Arts. 98 & 223, Constitution of Pakistan (1972), Art. 261(7), proviso and Constitution of Pakistan (1973), Art. 247(7), proviso ‑Tribal Areas‑Superior Courts' jurisdiction‑Complete embargo placed on Supreme Court's and West Pakistan High Court's constitutional jurisdiction in rela tion to Tribal Areas under Art. 98, Constitution of 1962 (power of enforcement of Fundamental Rights excepted) by Act I of 1963-- Restored by Act 11 of 1964 ‑Act II of 1964 enacted under specific legislative power conferred upon Central Legislature under Art. 223(5) of Constitution of 1962 ‑Did not require further directive of President for its enforcement under cl. (1) of Art. 223 (1962 Constitution), or Art. 261(3) of 1972 Constitution, or Art. 247(3) of 1973 Constitu tion‑Supreme Court's and High Court's jurisdiction thus restored --Preserved up to this day by provisos to Art. 261(7) of 1972 Constitu tion and Art. 247(7) of Constitution of 1973.

Jamil Ahmed and another v. The State and S others P L D 1969 S C 344 ; Umar Gul v. The Government of Pakistan P L D 1973 S C 544 ; Abdullah v. Mahangir I L R 11 All. 490 ; Young v. Mayor etc. of Leamington (1883) 8 A C 817 ; London Clearing Banker's Committee v.1. R. C. (1896) 1 Q B 212 and In re : Damorera Rubber Co. Ltd. (1913) 1 Ch. 331 ref.

‑‑ History of enforcement of Regulation in Tribal Areas‑Whether Regulation still in force in Quetta Division.

Bahadur Shah v. The Deputy Commissioner, Sibi and another P L D 1972 Quetta 67 and Superintendent, Land Customs, Torkham v. Zewar Khan and 2 others P L D 1969 S C 485 ref.

Khalid Ishaque for Petitioner.

Muhammad Ahmad Mirza, A: G. (Baluchistan) for Respondents.

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