SC hears challenge to FATA merger
PHOTO: REUTERS
The Supreme Court on Wednesday decided to form a larger bench on petitions filed against the 25th Amendment related to the integration of the former tribal areas with Khyber-Pakhtunkhwa.
The erstwhile Federally Administered Tribal Areas (Fata) were 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 Umar Ata Bandial, heard the case.
The court observed that the petitioners had raised the question of not changing the status of federal units in the Constitution.
It also noted as to what were the powers and limits of parliament to amend the Constitution.
Attorney General for Pakistan (AGP) Khalid Jawed Khan told the court that it was important to determine the extent to which parliament could amend the Constitution.
He added that if the integration of an area deprived its residents of their rights, then the question of federal units might arise.
CJP Bandial inquired as to whether or not the merger of the tribal districts with K-P had affected the representation of their residents in the National and provincial assemblies.
The AGP replied that the biggest issue after the 25th amendment was the seats of representatives of the former tribal areas in the National and provincial assemblies.
He added that representatives of former Fata had supported the 25th Amendment.
“Under the Constitution, the tribal areas could be sealed by an executive order.”
The AGP further informed the court that a jirga was also consulted before the merger.
Justice Muhammad Ali Mazhar, who is also on the bench, asked as to what the real problem with the merger was.
The CJP noted that culture of the residents of the erstwhile Fata was different from those in K-P. “Its people have come to the position that the protection given to them by the Constitution has been withdrawn through the Amendment.”
Bench member Justice Ayesha Malik asked whether or not parliament had sought the opinion of the people of the tribal districts when withdrawing the powers conferred under the Constitution.
Published in The Express Tribune, March 10th, 2022.