Question of jurisdiction: AGP to consult with the centre on relocation of FC platoons to K-P

According to the FC Act, 1915, the force was created to secure buffer zones between K-P, tribal areas: PHC.

PESHAWAR: The attorney general of Pakistan appeared before the Peshawar High Court (PHC) on Thursday after being summoned to assist with the long-standing issue of the relocation of Frontier Constabulary (FC) troops.

A PHC division bench has asked Attorney General of Pakistan Munir Malik to raise the issue with the centre to redress the province’s grievances regarding the platoons’ deployment. A two-member-bench comprising Chief Justice (CJ) Dost Muhammad Khan and Justice Malik Manzoor Hussain issued the directives during a writ petition hearing, which was filed by the Khyber-Pakhtunkhwa (K-P) government to return all FC platoons deployed outside K-P.

The court was told by AGP Malik the dispute between the provincial and federal governments can only be resolved by the Supreme Court of Pakistan.

“This is not a dispute between the two governments, rather, according to the Frontier Constabulary Act, 1915 the force was made to secure buffer zones. FC has to be at the border between the tribal and settled areas of the province because 99% of the FC personnel belong to the tribal areas,” Justice Khan replied to the AGP.

Now, the FC troops have been deployed for the security of embassies and multinational companies, pointed out the CJ.

“The police are a preventive and investigative force, not a fighting force. Due to the absence of FC in the region, the performance of the police is being adversely affected. Police are under serious threat in this province with the deteriorating security situation. The training given to the FC makes them better suited to dealing with this crisis; they also know the culture of the region better,” argued Justice Khan.

According to the bench, as things stand, it is mandatory to return all FC platoons to K-P.

Under Article 148 of the Constitution of Pakistan, AGP Munir argued, the federal government could deploy the civil armed forces. However, the PHC asked Munir to first ask the centre to redress K-P’s complaint regarding troop relocation before issuing any orders.

The AGP asked for time to discuss the matter with the federal government. The province’s complaints will be considered keeping in mind the current law and order situation.



On July 11, 2012, federal Interior Ministry Section Officer Arifullah Wazir informed the court that 95 FC platoons had been deputed outside K-P, of which 45 were deployed in Karachi, 35 in Islamabad and 15 in Gilgit-Baltistan. He then explained 367 FC platoons were deputed within K-P and the tribal areas, of which 78 were assisting provincial police and 109 were involved in different army operations in the Federally Administered Tribal Areas. The FC are a federal force and can be deployed anywhere in the country, Wazir had noted.

Published in The Express Tribune, October 4^th, 2013.