Sphere of influence: PHC seeks assistance over jurisdiction in FATA
FATA Lawyers Forum President Ijaz Mohmand termed the court’s move a good step.
The bench put forward seven basic questions before a panel of senior lawyers, asking them to assist the court in the next hearing if it was in its jurisdiction to hear cases from Fata. PHOTO: PPI/FILE
PESHAWAR:
Court room number 1 of the Peshawar High Court (PHC) was abuzz with activity on Tuesday with lawyers, petitioners and residents of the tribal areas eagerly waiting for answers to the question of jurisdiction. Instead, what they got were more questions.
A larger bench headed by PHC Chief Justice Mian Fasihul Mulk and including Justice Mazhar Alam Miankhel, Justice Yahya Afridi, Justice Qaiser Rashid Khan and Justice Malik Manzoor was hearing cases related to the Federally Administered Tribal Areas (Fata).
The bench put forward seven basic questions before a panel of senior lawyers, asking them to assist the court in the next hearing if it was in its jurisdiction to hear cases from Fata.
The court then formed a panel of senior lawyers who were asked to argue about the high court’s jurisdiction in the tribal areas, adding any other question arising could also be put forward before the bench in the next hearing.
The bench also put on notice the advocate general, deputy attorney general and additional chief secretary Fata to assist the court. The court was hearing around 60 petitions in which petitioners want the Frontier Crimes Regulation (FCR) abolished, extension of jurisdiction of high court to tribal areas, restraining members of the FATA Tribunal, and to abolish other laws which are against fundamental rights.
Outside, FATA Lawyers Forum President Ijaz Mohmand termed the court’s move a good step, saying a larger bench such as this had not been constituted in several decades.
In a separate case, a division bench asked the federal and provincial governments to submit replies regarding five persons allegedly detained illegally.
The bench was informed by petitioner Abida Begum’s counsel Advocate Raiz Khan that Begum’s son Ismail, a rickshaw driver, was reportedly picked up by the police from Pakha Ghulam area around five months ago and his whereabouts are not known since then. Lawyers of the other four petitioners also presented similar cases. The court then asked relevant government officials to submit their reports till March 27.
Published in The Express Tribune, March 12th, 2014.
Court room number 1 of the Peshawar High Court (PHC) was abuzz with activity on Tuesday with lawyers, petitioners and residents of the tribal areas eagerly waiting for answers to the question of jurisdiction. Instead, what they got were more questions.
A larger bench headed by PHC Chief Justice Mian Fasihul Mulk and including Justice Mazhar Alam Miankhel, Justice Yahya Afridi, Justice Qaiser Rashid Khan and Justice Malik Manzoor was hearing cases related to the Federally Administered Tribal Areas (Fata).
The bench put forward seven basic questions before a panel of senior lawyers, asking them to assist the court in the next hearing if it was in its jurisdiction to hear cases from Fata.
The court then formed a panel of senior lawyers who were asked to argue about the high court’s jurisdiction in the tribal areas, adding any other question arising could also be put forward before the bench in the next hearing.
The bench also put on notice the advocate general, deputy attorney general and additional chief secretary Fata to assist the court. The court was hearing around 60 petitions in which petitioners want the Frontier Crimes Regulation (FCR) abolished, extension of jurisdiction of high court to tribal areas, restraining members of the FATA Tribunal, and to abolish other laws which are against fundamental rights.
Outside, FATA Lawyers Forum President Ijaz Mohmand termed the court’s move a good step, saying a larger bench such as this had not been constituted in several decades.
In a separate case, a division bench asked the federal and provincial governments to submit replies regarding five persons allegedly detained illegally.
The bench was informed by petitioner Abida Begum’s counsel Advocate Raiz Khan that Begum’s son Ismail, a rickshaw driver, was reportedly picked up by the police from Pakha Ghulam area around five months ago and his whereabouts are not known since then. Lawyers of the other four petitioners also presented similar cases. The court then asked relevant government officials to submit their reports till March 27.
Published in The Express Tribune, March 12th, 2014.