Transparency concerns: PHC reserves judgment on FIA’s jurisdiction in FATA

PHC CJ asked which anti-corruption body would be responsible to probe allegations of misappropriation in tribal areas.

PESHAWAR:

The Peshawar High Court (PHC) on Monday reserved its decision on the extension of the Federal Investigation Agency’s (FIA) jurisdiction to investigate cases in the Federally Administered Tribal Areas (Fata).

PHC Chief Justice Dost Muhammad Khan also questioned which anti-corruption body would be responsible to probe allegations of misappropriation, if any, in the tribal areas. He was hearing a revision application filed by Fata additional chief secretary wherein the FIA asked the political agent (PA) of Khyber Agency to clear his position in a corruption case.

The petitioner’s counsel, Advocate Qazi Muhammad Anwer informed the court a few months earlier FIA had asked the PA to clear his position, but under the FIA Act, 1974, its jurisdiction did not extend to the tribal areas.

Advocate Anwer added they had first contacted a civil judge who had disposed of the application saying the FIA could carry out investigations throughout the country. He, however, contested the civil judge’s decision, saying even several presidential regulations have not made it clear if Fata falls under the ambit of FIA.

Justice Khan then inquired which agency could probe cases of corruption in tribal areas, questioning why the area was exempted even though the PA himself draws his salary from the national exchequer.

Standing counsel Jamil Warsak told the court there is no written stipulation in the FIA Act 1974 stating it cannot carry out investigation against employees working in Fata, adding the agency should initiate its probe as there were many complaints of corruption.

“Article 1, Section 2 of the FIA Act 1974 says it extends to the whole of Pakistan and also applies to all citizens and public servants of Pakistan, wherever they may be.”

Warsak also brought up an earlier case pertaining to Mosa Neka Public School in South Waziristan which was investigated by both FIA and National Accountability Bureau (NAB). The PHC had given a verdict of corruption in the case, reminded Warsak. After hearing arguments from both sides, the chief justice reserved his decision over the extension of FIA’s jurisdiction to Fata which will be divulged at a later date.

Published in The Express Tribune, November 5^th,2013.