SC decides to form larger bench on FATA integration petitions

ISLAMABAD:

The Supreme Court (SC) on Wednesday decided to form a larger bench on petitions against the 25th Amendment regarding the integration of erstwhile Federally Administered Tribal Areas (FATA) areas.

FATA was officially merged with K-P after former president Mamnoon Hussain (late) assented to the 25th Amendment on May 31, 2018.

A three-member bench, headed by Chief Justice of Pakistan Justice Umar Ata Bandial, heard the case. During the proceedings, the apex court said that the petitioners have raised the question of not changing the status of federal units in the Constitution.

“What are the powers and limits for amending the Constitution of the parliament?” the apex court asked adding that it was an important point.

Attorney-General for Pakistan (AGP) Khalid Jawed Khan prayed that it was important to determine the extent to which the Parliament can amend the Constitution.

“If the integration of an area impedes the rights of its residents, then the question of federal units may arise,” the AGP said.

CJP Bandial asked if the integration of the erstwhile tribal areas affected the representation of the area residents in the Provincial and National Assemblies; to which the AGP replied that the biggest issue after the 25th Amendment was that of FATA representatives in the respective assemblies.

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“Representatives of FATA supported the 25th Amendment,” the AGP said. “Under the Constitution, the tribal areas can be sealed by executive order. The jirga was also consulted before the integration.”

Bench member Justice Muhammad Ali Mazhar asked what the real problem with the integration was.

“FATA people have said that their culture is different from K-P, “ the CJP said. “Its people have come to the position that the protection given to them by the Constitution has been withdrawn through the Amendment.”

Bench member Ayesha Malik asked if the Parliament sought the opinion of the people of FATA when withdrawing the powers conferred under the Constitution.

Referring to Article-257 of the Constitution, the AJP replied it stated if Kashmir wanted to remain an independent state, then the opinion of Kashmiris should be sought. To this, Justice Mazhar remarked that Kashmir issue and background was very different.

“Democracy is a fundamental part of the Constitution,” the chief justice said. “The purpose of the 25th Amendment was to bring democracy in the tribal areas.”

The Supreme Court's annulment of the parliamentary amendment would be beyond its powers, K-P advocate general said.

“We will hear detailed arguments on the answers to all these questions,” the CJP said and adjourned the hearing till after Ramazan.