2001 SCMR 901

2001 SCMR 901




Per Muhammad Bashir Khan Jehangiri, J.

(a) Constitution of Pakistan (1973), Arts. 1(2)(d), 260 & 212(3)

We have heard Sheikh Riazul Haque, learned Advocate Supreme Court appearing on behalf of the petitioner and grant leave to appeal to consider the following propositions:-

(i) Whether the Executive Authority of the Federation of Pakistan, has been exercising its power and continuous occupation of the Northern Areas for the last 52 years, therefore, the employees of the northern Areas are discharging their functions in connection with the affairs of the Federation which squarely falls within the ambit of “Service of Pakistan” as defined in Article 260 of the Constitution of Islamic Republic of Pakistan, 1973?

(ii) Whether the territories of Northern Areas find mention in Article No.1(2)(d) of the Constitution and, therefore, form the part of Pakistan?

(iii) Whether the question that the territories known as “Northern Areas” do or do not from part of the Federation was not determinable by the learned Tribunal in the light of the principles enunciated by this Court in the cases of: The Superintendent, Land Customs, Torkham (Khyber Agency) v. Zewar Khan and 2 others (PLD 1969 SC 485) and Al-Jehad Trust through Habibul Wahab Al-Khairi, Advocate and 9 other v. Federation of Pakistan through Secretary, Ministry of Kashmir Affairs, Islamabad and 3 others (1999 SCMR 1379). (p. 902) A

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