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| November 21, 2006 | Tuesday | Shawwal 28, 1427 |
Bajaur: no basic rights violated by attack: SC
ISLAMABAD, Nov 20: The Supreme Court on Monday returned a petition on the Bajaur incident declaring it would not entertain the petition. The petition was filed under Article 184(3) of the Constitution. Returning the petition, the apex court held that apparently, no fundamental right guaranteed by law had been violated, therefore, the petitioner had no locus standi to persuade the court to entertain the petition.It 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 might approach the proper forum for redressal of their grievances.
The petition was filed by a journalist Shahid Orakzai on Nov 11 saying that fundamental rights hadbeen infringed by bombing in the Bajaur Agency on Oct 30.
He had prayed the apex court to intervene to ‘enforce the fundamental right of security of persons’ and provide necessary remedies by declaring that ‘no person in the Fata shall be deprived of life or liberty in accordance with law’.—PPI
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