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Criminal Petition No. ( )‑R of 1982, decided on 11th April, 1983.

(On appeal from the judgment of the Judicial Commissioner for Northern Areas at Gilgit, dated 25th February, 1982) in J. C. Cr. A‑11 of 1981).

‑‑ Art. 185 read with Art. 175‑Appeal to Supreme Court‑Court of Judicial Commissioner for northern areas not shot‑n to be a High Court‑Appeal from judgment, decree, final order or sentence passed by such court‑Held, does not lie to Supreme Court under Art. 185.

Manzoor Elahi Qureshi, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioners.

Nemo for the State.

Date of hearing : 11th April, 1983.

By this petition under Article 185 of the Con stitution petitioners seek leave to appeal from the judgment dated 25‑2‑1982 of the Judicial Commissioner for Northern Areas, at Gilait by which they were held guilty under section 325/34, P. P. C. and sentenced to five years' R.1., and also awarded sentence of fine.

Since the appellate jurisdiction conferred upon this Court under Article 185 of the Constitution pertains to judgments of a High Court, and High Court in the meaning of Article 175 of the Constitution means a High Court of a Province of Pakistan, the question is whether the judgment of the Judicial Commissioner for Northern Areas, at Gilgit, is a judgment passed by a High Court.

Mr. Manzoor Elahi Qureshi learned counsel appearing in support of the petition submits that the Northern Areas are territories included in Pakistan under Article 1(2)(d) of the Constitution, although these do not constitute a Province or a part of a Province of Pakistan. He further submits that the Court of the Judicial Commissioner for Northern Areas, at Gilgit, having been established by law is a Court within the meaning of Article 175 of the Constitution, and being the highest Court for the areas is deemed to be a High Court.

The real question for consideration is whether the Court of the Judicial Commissioner for Northern Areas, at Gilgit, is a High Court, and not whether it is a "Court established by law" as provided in Article 175 of the Constitu tion, for a territory included in Pakistan under Article 1 (2) (d) of the Constitution, for, the appellate jurisdiction of this Court under Article 185 of the Constitution does not extend to the Courts other than a High Court.

Since the Court of Judicial Commissioner for Northern Areas, at Gilgit, is not shown to be a High Court for a Province of Pakistan as envisaged under Article 175 of the Constitution, appeal from judgments, decrees, final orders or sentences passed by that Court does not lie to this Court under Article 185 of the Constitution.

This petition cannot therefore be entertained. Order accordingly.

Petition dismissed.

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