Assessing losses: PHC calls for forum to compensate victims of military operations
Judgment claims court has no jurisdiction over army actions in aid of civil power.
Afridi stated in his petition that tribesmen have been generally displaced from the tribal areas over the years and specifically from Bara tehsil in 2008 and 2009 because of the military operation.PHOTO: FILE
PESHAWAR:
The Peshawar High Court (PHC) has directed the federal government, Ministry of States and Frontier Regions and FATA additional chief secretary to set up a forum to compensate people affected by military operations in various parts of the tribal areas since 2008.
The order, given on Friday by a two-member bench comprising Justice Nisar Hussain and Justice Waqar Ahmad Seth, stated the forum should also assess losses incurred by the people and devise an equitable policy for providing rights to victims’ families on equal grounds.
The order came in light of a writ petition filed by a tribesman from Bara, Khyber Agency, Gul Afridi, through his counsel Samiullah Afridi, against the military operation in Bara for causing collateral damage to civilians and imposing curfews. The 17-page detailed verdict was authored by Justice Hussain, the senior member of the bench.
Afridi stated in his petition that tribesmen have been generally displaced from the tribal areas over the years and specifically from Bara tehsil in 2008 and 2009 because of the military operation.
According to the petition, the uprooted people migrated towards Peshawar, Nowsehra and other parts of the province while the curfew, persisting for the past four years in Bara, has hit business activities, resulting in joblessness.
The petition claims that on one hand militants were targeting their property, while on the other, security forces’ actions also caused them harm. One of the examples cited under this head is of January 15, 2013, when at least 15 bodies were recovered by Bara residents who alleged their relatives had been killed by the armed forces. The families later protested outside the Governor House.
The petitioner said innocent people were also being killed and injured in military shelling, claiming security forces launched three operations in Khyber Agency yet militancy in the area continues unabated.
The petitioner demanded that security forces withdraw from the region, the curfew be lifted and a judicial commission be formed to fix responsibility and compensate victims.
During the court proceedings, the deputy attorney general (DAG) informed the court the petitioner filed the writ in his personal capacity and lacks the support of tribesmen from Khyber Agency.
He said army deployment in the region is aimed at backing the political administration in its operation against militants. The DAG said residents who have suffered losses can send their complaints under the Frontier Crimes Regulation to relevant officials, however, this does not happen.
The DAG further said under Article 245 sub-section 3 of the Constitution, PHC has no jurisdiction to hear such a petition.
The detailed judgment, which was earlier reserved by the court, states that security forces were not continuing the operation on their own and have no personal agenda.
The judgment says that it is not a usual war and is extremely complicated due to the fickle and sophisticated nature of the enemy which the civilian administration cannot alone counter.
According to the judgment, it is the constitutional responsibility of the state to protect the life and property of civilians and that Article 245 of the Constitution allows the army to help law-enforcement agencies under which troops were stationed across the tribal areas.
The verdict explains that PHC was not empowered to form a judicial commission and neither can it direct the armed forces to lift curfew or withdraw forces.
Published in The Express Tribune, June 21st, 2014.
The Peshawar High Court (PHC) has directed the federal government, Ministry of States and Frontier Regions and FATA additional chief secretary to set up a forum to compensate people affected by military operations in various parts of the tribal areas since 2008.
The order, given on Friday by a two-member bench comprising Justice Nisar Hussain and Justice Waqar Ahmad Seth, stated the forum should also assess losses incurred by the people and devise an equitable policy for providing rights to victims’ families on equal grounds.
The order came in light of a writ petition filed by a tribesman from Bara, Khyber Agency, Gul Afridi, through his counsel Samiullah Afridi, against the military operation in Bara for causing collateral damage to civilians and imposing curfews. The 17-page detailed verdict was authored by Justice Hussain, the senior member of the bench.
Afridi stated in his petition that tribesmen have been generally displaced from the tribal areas over the years and specifically from Bara tehsil in 2008 and 2009 because of the military operation.
According to the petition, the uprooted people migrated towards Peshawar, Nowsehra and other parts of the province while the curfew, persisting for the past four years in Bara, has hit business activities, resulting in joblessness.
The petition claims that on one hand militants were targeting their property, while on the other, security forces’ actions also caused them harm. One of the examples cited under this head is of January 15, 2013, when at least 15 bodies were recovered by Bara residents who alleged their relatives had been killed by the armed forces. The families later protested outside the Governor House.
The petitioner said innocent people were also being killed and injured in military shelling, claiming security forces launched three operations in Khyber Agency yet militancy in the area continues unabated.
The petitioner demanded that security forces withdraw from the region, the curfew be lifted and a judicial commission be formed to fix responsibility and compensate victims.
During the court proceedings, the deputy attorney general (DAG) informed the court the petitioner filed the writ in his personal capacity and lacks the support of tribesmen from Khyber Agency.
He said army deployment in the region is aimed at backing the political administration in its operation against militants. The DAG said residents who have suffered losses can send their complaints under the Frontier Crimes Regulation to relevant officials, however, this does not happen.
The DAG further said under Article 245 sub-section 3 of the Constitution, PHC has no jurisdiction to hear such a petition.
The detailed judgment, which was earlier reserved by the court, states that security forces were not continuing the operation on their own and have no personal agenda.
The judgment says that it is not a usual war and is extremely complicated due to the fickle and sophisticated nature of the enemy which the civilian administration cannot alone counter.
According to the judgment, it is the constitutional responsibility of the state to protect the life and property of civilians and that Article 245 of the Constitution allows the army to help law-enforcement agencies under which troops were stationed across the tribal areas.
The verdict explains that PHC was not empowered to form a judicial commission and neither can it direct the armed forces to lift curfew or withdraw forces.
Published in The Express Tribune, June 21st, 2014.