WIQAR AHMAD, J.---My this order is directed to dispose of Regular Second Appeal bearing No.17-M of 2018 filed by the appellant against the respondent, wherein he has impugned judgment and order dated 09.08.2018 passed by the worthy Commissioner Malakand Division at Saidu Sharif, Swat vide which the first appeal filed by the appellant was dismissed and judgment dated 22.02.2018 of the learned Assistant Political Agent Khar, Bajaur Agency was maintained.
2. Learned counsel for the appellant at the very outset contended that order of the worthy Commissioner Malakand Division at Saidu Sharif, Swat impugned herein was passed on 09-08- 2018, on which date he had got no jurisdiction in the matter. He relied upon the judgment of the august Supreme Court of Pakistan reported as PLD 2019 Supreme Court 218 and judgment of this Court handed down in Reference No.01-P of 2019.
3. Learned counsel for the respondent has however opposed the contention of learned counsel for the appellant and stated that the Commissioner Malakand Division at Saidu Sharif, Swat has rightly exercised its jurisdiction vested in him under section 36 of the FATA Interim Governance Regulations, 2018 (hereinafter referred to as 'Regulation').
4. I have heard arguments of learned counsel for the parties on the question of jurisdiction of the Commissioner Malakand Division vested in him by the Regulation, and perused the record.
5. Perusal of record reveals that the Twenty-fifth Constitutional Amendment was brought by Act No. XXXVII of 2018 (hereinafter referred to as 'amending Act') which was assented by the President of Pakistan on 31st May, 2018. Section 8 of the amending Act had the effect of merging the areas falling in erstwhile FATA into the Province of Khyber Pakhtunkhwa, while Section 9 of the amending Act provided for omitting Article 247 from the Constitution of Islamic Republic of Pakistan, 1973 (hereinafter referred to as Constitution'). The worthy Commissioner Malakand Division at Saidu Sharif, Swat has heard the appeal in exercise of the powers vested in him under Para-36 of the Regulation. The Regulation was promulgated by the President of Pakistan on 28th May, 2018 in exercise of the powers vested in him by sub-Article (5) of Article 247 of the Constitution. With the repeal of the said Article, without providing for any saving clause, all the Regulations promulgated by the President of Pakistan under sub-Article (5) of Article 247 of the Constitution or by the Governor under sub-Article (4) of Article 247 of the Constitution or before the enactment of the Constitution, seized to exist. The case of FATA Interim Governance Regulations, 2018 was no different than the other Regulations which seized to exist with promulgation of the amending Act and therefore, the Regulation lost its validity.
6. On 09.08.2018 when the Commissioner Malakand Division at Saidu Sharif, Swat was passing the impugned order in the first appeal under section 36 of the Regulation, the said power was not available to him. In the case of National Commission on Status of women through Chairperson and others v. Government of Pakistan through Secretary Law and Justice and others reported as PLD 2019 Supreme Court 218, the Hon'ble Supreme Court of Pakistan has declared the Regulation as ultra-vires on touchstone of Articles 4, 8, 25, 175 and 203 of the Constitution. The situation has further been clarified by this Court in Reference No. 01-P of 2019.
7. For what has been discussed above, the judgment and order dated 09.08.2018 passed by the worthy Commissioner Malakand Division at Saidu Sharif, Swat was found to have been passed without any lawful authority and same is declared to be null and void. The impugned judgment and order is therefore set aside. The matter is remanded to the Court of learned District Judge, Bajaur at Timergara, wherein the appeal filed before the worthy Commissioner Malakand Division at Saidu Sharif, Swat shall be deemed to have been filed and pending and it should be disposed of according to law but within the shortest possible time.