' MUHAMMAD NAWAZ ABBASI, J.--- This petition under Article 184(3) of the Constitution of Islamic Republic of Pakistan, 1973, has been preferred against the judgment dated 28-8-2002 passed by Northern Areas, Chief Court, Gilgit, in a criminal appeal.
2. The petitioner while discharging functions as General Manager of Northern Areas Traders Corporation Limited was found to have committed the following acts:-
(a) Evasion of sales tax on the export of Pakistani Cigarettes to China;
(b) Payment of Kickbacks/commissions to Government officials;
(c) Issue of fake cheques and misappropriation of the bank profits;
(d) Embezzlement of the public money in construction of steel bridges in Northern Areas.
3. The Chairman, National Accountability Bureau submitted a reference against the petitioner under section 18(g) read with section 24 of the NAB Ordinance, 1999 before the Accountability Court, Gilgit and the Accountability Court on conclusion of the trial, convicted the petitioner under section 9 of the NAB Ordinance and awarded him sentence of rigorous imprisonment for a term of 14 years with fine of Rs,27,32,09,452 vide judgment dated 25-10-2001. The conviction of the - petitioner was further maintained by the Northern Areas Chief Court, Gilgit, in appeal filed by him vide judgment, dated 29-8-2002 with reduction in sentence of imprisonment to 4 years' R.I. And fine of Rs,5,00,000. The petitioner was also burdened with the payment of compensation for the loss caused to the Corporation, in addition to the disqualification under section 15 of the NAB Ordinance, 1999. The petitioner being aggrieved of the judgment of the Chief Court, Northern Areas, filed a petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 before this Court but the same being not maintainable was returned to the petitioner by the Assistant Registrar and Civil Miscellaneous Appeal (C.M.A. 26 of 2002) preferred by him against the order of return of petition, was dismissed with the observation that a petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 would lie before this Court only against the judgment, order or decree passed by the High Courts of the Province and that the Chief Court, Gilgit, is not a High Court under the Constitution of Islamic Republic of Pakistan, 1973. The petitioner, therefore, has filed this petition under Article 184 of the Constitution of Islamic Republic of Pakistan, 1973.
4. The Government of Pakistan established the Court of Judicial Commissioner in Northern Areas vide notification dated 30-4-1976 and subsequently, in supersession of said notification issued another notification, dated 17-11-1994 through which the Chief Court was constituted in the Northern Areas. It was provided in this notification that the Chief Court would exercise all powers and perform all functions which were earlier being performed by the Court of Judicial Commissioner and was given the Appellate jurisdiction against the orders and judgments of the subordinate Courts in the Northern Areas. The Government neither conferred Constitutional jurisdiction upon the Chief Court nor provided any forum for challenging the judgments/orders passed by the Chief Court. The Court of Judicial Commissioner for the Northern Areas was not given the status of High Court and the appeal or petition under Article 185 of the Constitution of Islamic Republic of Pakistan, 1973 against the judgment, orders and decrees passed by the Court of Judicial Commissioner could not be filed before the Supreme Court of Pakistan and the same position continued after establishment of the Chief Court by the Federal Government. The learned counsel while conceding the above legal position submitted that undoubtedly a judgment, order or decree passed by the Chief Court, Northern Areas, Gilgit, cannot be challenged before the Supreme Court of Pakistan under Article 185 of the Constitution of Islamic Republic of Pakistan, 1973 but a direct petition under Article 184 of the Constitution would be maintainable and in support thereof has placed reliance on Al-Jehad Trust through Habibul Wahab Al-Khairi, Advocate and 9 others v.
Federation of Pakistan 1999 SCM R 1379 wherein it was held that the Chief Court of Northern Areas could be equated with the High Court and in the light of mandate of Constitution and the right to access to justice, the residents of Northern Areas being citizens of Pakistan, would be entitled to maintain a petition under Article 184 of the Constitution of Islamic Republic of Pakistan, 1973 for enforcement of their fundamental rights. Learned counsel has argued that in absence of any other forum and remedy to challenge the judgments, decrees and orders passed by theChief Court, the people of Northern Areas being citizens of Pakistan would be entitled to invoke the jurisdiction of the Supreme Court of Pakistan in the matters of common interest and the fundamental rights of equal protection of law under Article 184 of the Constitution of Islamic Republic of Pakistan, 1973.
6. In Al-Jehad Trust case (supra) this Court having examined the question relating to the jurisdiction of the Chief Courts of Northern Areas observed that the status of the Chief Court can be equated with the High Court provided it is manned by the persons fit to be elevated as Judges of the High Court of the Provinces and the jurisdiction of the Chief Court can be enlarged to entertain the Constitutional petitions for enforcement of fundamental rights and the right to approach the higher forum through a petition for special leave to appeal or by way of an appeal against the judgments/orders of the Chief Court can be provided by making law. The relevant portion of the judgment is reproduced hereunder: "27. As regards the right to access to justice through an independent judiciary, it may be observed that the. Northern Areas has a Chief Court, which can be equated with a High Court provided it is manned by the persons of statute who are fit to be elevated as Judges to any High Court in Pakistan. Its jurisdiction is to be enlarged as to include jurisdiction to entertain Constitutional petitions inter alia to enforce the Fundamental Rights enshrined in the Constitution and to provide right to approach a higher forum through a petition for leave to appeal and/or by way of any appeal against orders/judgments of the above Chief Court. The same may require amendments in the aforesaid Notification No, II. 2/17/94 , dated 17-11-1994 referred to here inabove in para.23, and/or the Constitution/statute/ statutes/order/orders/ rules/notification/notifications."
7. The Government has not yet either amended the notification by virtue of which the Chief Court was created or enacted any other law in the light of above observations and in absence of any law, the status of Chief Court of Northern Areas would not be recognized as a High Court, therefore, as per existing legal position, the judgments/orders passed by the said Court would not be challengeable before this Court under Article 185 of the Constitution of Islamic Republic of Pakistan, 1973. There is no cavil to the proposition that provision of Article 184 of the Constitution of Islamic Republic of Pakistan, 1973 can be invoked by any citizen of Pakistan including the peoples of Northern Areas in a matter of public importance involving the question of fundamental rights but the individual grievances arising out of the judgment of any Court, Tribunal or Authority either in the Northern Areas or in any other part of Pakistan cannot be agitated before this Court under Article 184 of the Constitution of Islamic Republic of Pakistan, 1973. The petitioner was convicted in a criminal case by an Accountability Court at Gilgit and the appeal preferred by him before the Chief Court of Northern Areas, Gilgit, was dismissed with reduction in sentence and under the Criminal B law in Pakistan, a convict can avail the remedy of one appeal as of right to challenge his conviction and sentence and this right of appeal it also available in the Northern Areas. The remedy of an appeal or a petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 can be availed before the Supreme Court only against the judgments, orders and decrees of the High Courts in the Provinces and no such appeal or petition can be filed in the Supreme Court against the C judgments, orders, decrees and sentences passed by the Chief Court, Northern Areas, the status of which is not to that of the High Court of the Province. The provisions of Article 185 of the Constitution of Islamic Republic of Pakistan, 1973, cannot be invoked against the judgments, decrees, orders or sentences passed by the Chief Court of Northern Areas whereas the original jurisdiction of Supreme Court of Pakistan under Article 184 of the Constitution of Islamic Republic of Pakistan, 1973 can be invoked only in two situations, firstly in a case of dispute between any two or more Governments and secondly, if the Court considers that a question of public importance with reference to the enforcement of any of the fundamental rights conferred by the Constitution is involved. In the present case the petitioner wants to use the provisions of Article 184 of the Constitution of Islamic Republic of Pakistan, 1973, for the redressal of his individual grievances and not in a matter involving the question of public importance relating to the enforcement of any of the fundamental rights guaranteed by the Constitution. This petition, being not maintainable, is accordingly dismissed.