Extending IHC jurisdiction to FATA betrays Centre’s intentions

Speakers say tribals demanding their rights, MNA from tribal areas demands share of NFC

ISLAMABAD: Even though the renewed efforts to bring the tribal areas into the mainstream have been welcomed, questions have been asked about the government’s true intentions after the cabinet decided to extend the jurisdiction of Islamabad High Court to the border areas.

This was asked by speakers from the Federally Administered Tribal Areas (Fata) including politicians, academia and scholars at a roundtable conference organised by a research and development organisation Naveed Khan Foundation (NKF).

Member of National Assembly Ghazi Jamal, who was elected on seats reserved for candidates from tribal areas, noted that the Fata reforms had witnessed renewed impetus after Prime Minister Shahid Khaqan Abbasi was sworn into office.

However, he questioned the decision of the federal cabinet of extending the jurisdiction of Islamabad High Court (IHC) instead of the Peshawar High Court (PHC) to Fata, noting that the move had raised fear and suspicions among tribals over the Fata reforms.



The Pakistan Muslim League-Nawaz (PML-N) government had shown an interest in Fata reforms as it was included in the National Action Plan (NAP), Jamal recounted.

While the Jamiat Ulema-i-Islam (JUI) and the Pakhtunkhwa Mili Awami Party (PkMAP) had opposed the idea of merging Fata into Khyber-Pakhtunkhwa, Islamabad’s decision over IHC’s jurisdiction betrayed the government’s true intention of keeping Fata under Centre’s control.

He added that while no one in Fata opposed the abolition of Frontier Crimes Regulations (FCR), but the government, instead of repealing the colonial law, decided to introduce the controversial Riwaj Act. The move was unsurprisingly rejected by the tribals, he added.

Jamal went on to demand that Fata should receive its fair share in the National Finance Commission (NFC) award. Analyst Hasan Khan said the tribals were always associated with negative connotations. While residents of Fata are demanding their political rights, the government has been using all means to delay that.

Akhunzada Chattan, a former member of the national assembly from the Bajaur agency, lamented that the mainstream media and a number of other organisations had failed to highlight the Fata issue.

He demanded that the government restore peace to the tribal areas – which is linked to peace in Afghanistan.

“Pakistan should re-visit its foreign policy and Afghanistan should never allow for its soil to be used against Pakistan,” Chattan said.

“Tribals want basic human rights and merger with K-P, these are not impractical demands,” he maintained.

Dr Ashraf Ali, NKF head of communications, said that by keeping Fata away from mainstream politics had help breed militancy there.

He added that if the government wants to wipe-out terrorism, it should introduce political reforms in the tribal areas without any further delay.

Published in The Express Tribune, September 20^th, 2017.