Draconian Law: PHC puts govt officials on notice over tribesman’s arrest

Says FATA residents should persuade their representatives to amend the FCR.

PESHAWAR:

The Peshawar High Court on Thursday sought replies from officials of the federal and provincial government in the arrest of a tribesman under the Frontier Crimes Regulation (FCR). 

Among those put on notice are Ministry of States and Frontier Regions secretary, law and parliamentary affairs secretary, Federally Administered Tribal Areas (Fata) additional secretary, secretary of the Home and Tribal Affairs Department and the provincial advocate general.

A two-member bench comprising Justice Mazhar Alam Miankhel and Justice Qaiser Rashid accepted the petition filed by Nizam through his lawyer Samiullah Afridi. The lawyer informed the bench that on July 29, 2009 his client was arrested and sentenced for 20 years with a fine of Rs0.2 million. Failing to provide the money, he was warned of four more years of imprisonment.  Nizam has been charged under sections 121A and 122 for anti-state activities.



Afridi said his client belongs to Bara, Khyber Agency and the sentence given to him is against the law because he was not given a fair trial and allowed to present his defence.

“The FCR is a black law which fails to provide justice to tribesmen. We have informed our elected representatives to take concrete steps in this regard,” the lawyer added.

“Tribesmen elect their representatives during elections, but when they face a problem they consult the court. They need to persuade their representatives to make changes in the FCR and provide justice to needy people,” Justice Qaiser Rashid said in his remarks.

The bench then put senior officials of both federal and provincial governments on notice and said they should submit their reply by the
next hearing.

Published in The Express Tribune, September 6^th, 2013.