Legal riddle: Mohmand officials arrest protesters despite court order

PHC has barred administration from exercising its powers

PESHAWAR: The tribal district administration of Mohmand has technically committed contempt of court by arresting 40 tribesmen although Peshawar High Court (PHC) has barred tribal district administrations from exercising judicial powers.

Officials at the office of assistant commissioner Upper Mohmand confirmed the arrest and release of the Katasar Safi tribesmen protesting in mine dispute last week, but refused to comment and share detail about the legal status of the case.

Tribal elder Malak Subidar Safi told The Express Tribune that they had a dispute over a marble mines in Safi area.

The tribesmen held a peaceful protest in support of their rights, but the district administration arrested 40 of them. On Monday, 30 of the protesters were released and the rest on Wednesday.

Malik Safi said that after Fata and K-P merger, the area has no law to deal with disputes of tribesmen.

On October 30, PHC barred the tribal district administration from using judicial power and ordered K-P government to make arrangement for extension of judiciary to tribal districts in erstwhile Fata.

The K-P government later challenged the verdict in Supreme Court of Pakistan.

Ali Azeem Advocate, on whose petition PHC had issued the verdict, when asked about the arrest and later release of the tribesmen, termed the act of Upper Mohmand AC a contempt of court.

According to Azeem, AC had been barred from using judicial power after October court verdict. On the other hand, an official of the tribal district administration said the action of arresting the protesting tribesmen had been taken administratively and not judicially for ensuring law and order in the district.

Published in The Express Tribune, December 20^th, 2018.