FATA tribunal reserves decision on Shakil Afridi case

The tribunal will announce the decision on December 18.

PESHAWAR: The FATA Tribunal has reserved the decision on a review petition filed by Dr Shakil Afridi, the former Khyber Agency surgeon who allegedly helped the CIA track down Osama bin Laden. It will now be announced on December 18.

The tribunal was informed by Dr Shakil’s counsels, advocates Samiullah Afridi and Qamar Nadeem, that the 33-year sentence of their client was set aside by the Frontier Crimes Regulations (FCR) commissioner and fresh trials should be conducted in the court of the political agent of Khyber Agency.



The counsel further requested the tribunal, comprising of chairman Shah Wali Khan, and members Pir Fida Muhammad and Akbar Khan, that if witnesses were to record statements before the jirga, which will be hearing this case, they should be recorded before the accused. Moreover, they also requested for the fresh trial to be conducted inside the prison where the accused is being held.

The counsel said the FCR commissioner had promised a fresh trial would be held when the previous sentence was overturned and the case was remanded back to the political agent (PA). However, they were later informed that the case would be limited to presenting arguments.

Special Public Prosecutor Iqbal Durrani, who is representing the political administration, informed the tribunal that Afridi’s counsel only accepted a partial order of the FCR commissioner and also did not file a complete review petition.

After hearing the arguments from both sides, the tribunal reserved the decision on the petition till December 18.

While talking to the media, advocate Samiullah Afridi said, “Dr Shakil Afridi was charged in a murder case filed by a resident of Khyber Agency. The trial of that case will be held inside the prison on December 20. If this case can be heard in the prison, surely the trial to be heard by the PA can also be held in the prison.”

Jamil Afridi, Dr Shakil’s brother, told the media that he met his brother on August 27 and since then no one had been allowed to meet him. He added that the murder case against his brother was filed eight years after the actual incident, and neither he or Afridi’s lawyers had any previous knowledge of the case.

Jamil claimed his brother was being made a scapegoat in the case and those who were responsible for the fake vaccination campaign were roaming free. He added his brother was being held in prison on fabricated charges.

On October 21, a review petition was filed which demanded that the PA be directed to conduct fresh trials along with allowing full opportunity to the accused to defend himself.

An application calling for the ban on bail of Shakil Afridi to be declared illegal was also filed along with the re-trial petition. The petition was filed in reference to the commissioner’s order to remand the case back to the PA.

Published in The Express Tribune, December 10^th, 2013.