Controversy: Lawmakers challenge petition against governor’s appointment

FATA Lawyers Forum questions Article 101 of the 18th Amendment.

SHABQADAR: Lawyers in the tribal belt have challenged a petition in the Peshawar High Court (PHC) against the appointment of Governor Shaukatullah Khan.

Earlier this week, a petition filed in the PHC challenged his appointment on the basis of the 18th Amendment, which states that a governor must be a registered voter and resident of the province where he is appointed. The amendment, however, does not mention the Federally Administered Tribal Areas (Fata). Khan, who is the first civilian governor from Fata, is a registered voter from Bajaur Agency.

Ijaz Mohmand of the Fata Lawyers Forum told The Express Tribune on Friday that he has filed a petition through counsel Wali Khan in the PHC to challenge Article 101 of the 18th Amendment. The petition questions why the word Fata is not included in the amendment to the Constitution.



Fata is a part of Khyber-Pakhtunkhwa (K-P) both administratively and geographically, he said. “All appointments and administrative orders are issued by the chief secretary of the province. The Khyber-Pakhtunkhwa governor is more of a chief executive for Fata than for the province itself. Why is it then a tribal person cannot become governor?” he questioned.

A Pakistan Peoples Party MNA from Bajaur, Akhunzada Chattan, claimed there is no clause in the 18th Amendment barring people from the tribal belt from being appointed. Chattan claimed that the clause barring a non-resident of a province from becoming governor is only applicable to Balochistan. “Some people are using it here in K-P to prevent a tribal person from holding office,” he alleged.

Fata and K-P are not divided, he said, adding they have remained a unit even if it (Fata) falls under the federal government. Chattan lamented the tribesmen are already suffering under the Frontier Crimes Regulation (FCR) and the plea challenging Khan’s appointment will further fan the flames of depravation.

An MNA from Khyber Agency, Noorul Haq Qadri, said the plea was a ploy against the federation of Pakistan and an act of those who want to create differences between tribesmen and other citizens.

He appealed to intellectuals and civil society members to unite against the issue and help strengthen the federation.c

Published in The Express Tribune, February 16^th, 2013.