Case record: FATA Tribunal issues notice to Khyber Agency PA in Dr Afridi’s retrial

Special public prosecutor summoned to appear in the next hearing.

PESHAWAR: The FATA Tribunal on Tuesday issued a notice to Khyber Agency’s political agent to present the complete record of Dr Shakil Afridi’s case for the hearing of a revision petition seeking a fresh retrial. The special public prosecutor, meanwhile, was directed to appear on November 27, the next date of hearing.

The tribunal was hearing a revision petition of Dr Afridi, who was arrested for allegedly helping the US track down Al Qaeda chief Osama bin Laden in Abbottabad. He was later sentenced to 33 years imprisonment along with a fine of Rs320,000 in May 2012 for having ties with banned militant outfit Lashkar-e-Islam.

Talking to the media, Dr Afridi’s lawyer Samiullah Afridi said a three-member tribunal, comprising its chairman Shah Wali Khan along with members Pir Fida and Akbar Khan, was hearing the revision petition, but the case had to be adjourned till November 27 because the relevant record was not presented to them. The same record was sought on the first day of the revision petition’s hearing on Oct 30 from the PA and FC commissioner, but has not yet been presented.



Samiullah added a separate notice was also issued to the tribunal’s special public prosecutor to appear in the next hearing. The decision on Dr Afridi’s revision petition is expected in the next one or two hearings.

“It is a special case for the tribunal and we hope it will deliver justice. It is also possible if an application is filed in a lower court seeking bail for the accused, the tribunal can direct such an application to be accepted,” said Samiullah, implying Dr Afridi could be released before a decision is reached.

On August 29, late Peshawar commissioner, Sahibzada Anis, who also served as the FCR commissioner, overturned the 33-year prison sentence and Rs320,000 fine handed by the assistant political agent of Bara, Khyber Agency for his alleged ties with the militant group.

On October 21, a revision petition was filed at the FATA Tribunal, maintaining it is the right of each and every accused under the law to defend himself through counsel(s) and cross examining witness(es), but in the present case neither opportunity was granted to the accused.

“The FCR commissioner ordered the petitioner will not be released on bail till the conclusion of the case; this part of the order is against the law. Therefore, this part of the order needs to be declared of no legal effect. Under the law, every accused has a right to apply for bail,” reads the petition.

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