In FATA: SC rejects plea seeking an end to US drone strikes

Remarks that the issue does not fall under the jurisdiction

ISLAMABAD: The apex court on Monday rejected a petition calling for the cessation of US drone attacks in the northwestern parts of the country especially the Federally Administered Tribal Areas (Fata).

A three-judge bench of the Supreme Court, headed by Justice Mian Saqib Nisar, took up the constitutional petition filed by Muhammad Iqtidar, wherein it is stated that Pakistan Air Force (PAF) is duty bound to shoot down drones flying inside Pakistani territory in order to protect its citizens.

The petitioner maintained that the tribal areas are part of Pakistan and if the drone attacks are being carried out in Fata, they may also take place in Lahore or Peshawar.

The bench, however, remarked that the court could not issue instructions for stopping the drone attacks, as the petition does not fall under the jurisdiction of Article 184-3 of the Constitution.

The Peshawar High Court (PHC) on May 9, 2013 declared that the drone strikes on Pakistani territory were illegal and ordered the government to compensate the victims of such attacks. Then PHC chief justice Dost Mohammad declared drone attacks as war crimes.

“A proper warning should be issued in this regard and if that does not work, the government of Pakistan and state institutions, particularly security forces, shall be under constitutional and legal obligation to shoot down drones attacking Pakistani territories or when they enter the airspace of Pakistan,” reads the judgment.

The state was asked to take up the matter before the UN Security Council. The court said if that didn’t work, Pakistani authorities needed to resolve the matter in UN.

Last October, the foreign ministry informed the PHC that it would implement its verdict and would take up the issue at the international level.

Published in The Express Tribune, April 14^th, 2015.