Tribal leaders move apex court against FATA merger with K-P

Petitioners say notification of the constitution of Fata Reforms Committee issued by PM Nawaz is illegal

Representatives of various tribal agencies have challenged the legality of Fata Reforms Committee 2016’s recommendations in the Supreme Court, claiming that majority of the people in tribal areas are against Fata’s merger with Khyber-Pakhtunkhwa.

The federal cabinet earlier approved in principle recommendations of the Fata reforms committee, which includes the merger of the tribal areas with K-P and repeal of the Frontier Crimes Regulation (FCR). Malik Waris Khan Afridi of Khyber Agency, Malik Khan Marjan of North Waziristan Agency, Malik Attaullah of South Waziristan, Malik Bahadur Shah of Bajaur and Malik Baz Gul of Darra Adamkhel, FR Kohat filed a joint constitutional petition under Article 184(3) of the Constitution of Pakistan, through Dr Muhammad Ali Saif.



The petitioners also attached affidavits of as many as 100 eminent persons from all seven Fata agencies. Further, the petitioners have made the federation of Pakistan, secretary cabinet division, president of Pakistan through secretary Aiwan-e-Sadr, prime minister through principal secretary, minister of states and frontier regions (Safron) through secretary Safron and governor K-P, as respondents.

The petitioners submitted that constitutional provisions bar the premier from taking decisions regarding Fata. They claimed that the constitution of the Fata reforms committee, holding of consultation meetings with people in Fata, preparation of a report by the committee and recommendations are eyewash to circumvent the mandatory requirement of holding of a tribal jirga as provided in Article 247(6). “It amounts to a futile attempt to portray the so-called meetings with stakeholders as an exercise to seek opinion of public in tribal areas in order to satisfy rather circumvent a mandatory constitutional requirement and to present its findings as an expression of the real and genuine wishes of tribesmen,” the petitioners claimed, adding that the assertion that majority of people in tribal areas are in support of Fata’s merger with K-P is absolutely baseless and false.

They contended that those speakers whose names have been mentioned in the Fata reforms report and wherein an impression has been given on their behalf that they had expressed support for merger of Fata with K-P have denied these claims. The petitioners submitted that the impugned notification of the constitution of Fata Reforms Committee issued by the prime minister is illegal and thereby void as per Article 247.



“As a consequence thereof, the Fata Reforms Committee constituted by virtue of the said notification is also illegal and has no legal and constitutional mandate to undertake reforms process in Fata,” the petitioners contended.

They prayed the apex court to direct concerned authorities to constitute a new committee for proposing reforms in Fata by the order of the president of Pakistan in accordance with Article 247 of the Constitution with a reasonable representation from Fata.