Time for reform? PHC issues notices over sentencing of tribesman

The accused was arrested under one charge, but convicted under another.

PESHAWAR:

The Peshawar High Court (PHC) has issued notices to secretaries of State and Frontier Regions, Law and Parliamentary Division, and Khyber-Pakhtunkhwa (K-P) Home and Tribal Affairs Department over the sentencing of a tribesman, who was arrested under one charge, but later convicted in another case.

A two-member bench comprising Justice Mazhar Alam and Justice Yahya Khan Afridi issued the notices when it was informed by Advocate Samiullah Afridi that his client Nizam was arrested under sections 365 and 11 of the Frontier Crimes Regulations (FCR).

The bench was further informed Nizam was later tried in other cases and the assistant political agent of Bara, Khyber Agency sentenced him to 10 years in prison under sections 121 and 122 of the Pakistan Penal Code and Section 11 of the FCR.



During his arguments, Samiullah Afridi said tribal people are also residents of Pakistan, but are treated differently compared to other citizens of settled areas. He maintained the decades-old FCR should be abolished so residents of this backward region can enjoy their liberty as other citizens do.

“The current law is against basic human rights and local residents want it abolished from their areas,” said the advocate. He added the current sentence given to Nizam must be declared null and void.



After hearing the arguments, the bench issued notices to the secretaries to explain their position.

The FCR dates back to the time of the British Raj and is generally regarded as a draconian law by the local tribesmen of Fata who say they are denied the fundamental right of a lawyer during prosecution. One of the much-criticised aspects of the FCR is the collective responsibility clause which holds tribesmen accountable for the crime of one clan member.

Published in The Express Tribune, November 17^th, 2013.