‘Political agent can’t try Afridi’

Jurist points out offence not committed in tribal regions; Afridi can appeal.

ISLAMABAD: The assistant political agent of Khyber Agency was not legally competent to try Dr Shakil Afridi, the doctor who helped the Central Intelligence Agency hunt down Osama bin Laden, for treason in Khyber Agency, since the offence was not committed in the tribal region, according to prominent jurist Barrister Bacha.

The offence, as recorded in the FIR, was committed in Abbottabad, an area that is out of the assistant political agent’s jurisdiction, Barrister Bacha told The Express Tribune.

Besides, Dr Afridi was put on trial under the Frontier Crimes Regulation and the offence of treason is not included in the schedule that specifies offences that can be tried by the political agent or assistant political agent, he added.

There are several legal flaws in the case and it would be very difficult for the government to defend the sentence in a high court or Supreme Court, he said.

Afridi is entitled under the FCR to make an appeal against the sentence before a recently established three-member tribunal in the Khyber Agency.

The federal government has recently appointed a tribunal, comprising two former bureaucrats and a lawyer, to entertain appeals by those who are aggrieved by the decisions made by the political agent under the FCR.

Barrister Bacha, however, said he was not willing to appear before any court as Afridi’s legal counsel, given the sensitivity of the case.

Imprisonment

Afridi, meanwhile, has been kept in the ‘C’ category of Peshawar Central Prison where he will be subjected to hard labour, an official source of the provincial home department said, requesting anonymity.

He will have to complete his sentence in the lowest class, meant for the ordinary criminals, the source said .The official denied reports that Afridi was in poor health.

“He was medically examined after being shifted to the Peshawar prison and the jail doctors did not find any health problems with him, the official said.

The source confirmed that Afridi has been kept under solitary confinement due to the nature of his offence. Afridi, however, could request for a better class, he said.

Afridi will also have to seek special permission from the Home Department to meet his blood relatives or the legal counsel, he added.

Published in The Express Tribune, May 25^th, 2012.