PESHAWAR:
The Foundation for Fundamental Rights (FFR) is planning to file a review petition in the Peshawar High Court against its recent short order dismissing a contempt petition against the federal government regarding US drone strikes.
If the review petition is not considered by the high court, the organisation will approach the Supreme Court, the organisation’s lawyer told The Express Tribune on Saturday.
“Once we receive the detailed judgment of the high court by Thursday, we will read it and if there is any space, we will file a review petition,” said Barrister Shehzad Akbar, adding if there is no chance for it in the high court, the Supreme Court would be approached.
Akbar further said that there is a chance the apex court could remand the case back to the PHC and in that case the organisation had the option to file a new one.
“We have clear ground for contempt of court because every now and then there is a drone strike in the tribal areas. This is against the PHC’s previous order,” said Akbar.
On December 3, a PHC bench dismissed FFR’s contempt petition against the federal government for not following the court’s directives that told the government to raise the issue [of drone strikes] in the United Nations. The court told the government it was at liberty to shoot down the unmanned aircraft if the situation did not change.
At the hearing, Additional Attorney General for Pakistan Attique Shah told the court the government had complied with the orders. The Ministry of Foreign Affairs has submitted its comments, showing the federal government has raised the drone issue in UN and informed the body of its concerns, he said.
“The prime minister has told the 68th meeting of General Assembly held in September that drone strikes in the tribal areas are counterproductive,” said Shah. He added the assembly was also told such strikes are against Pakistan’s sovereignty.
The court order being cited by the FFR was issued on May 9, 2013 by a two-member PHC bench headed by former chief justice Dost Muhammad Khan who said the attacks must be declared a war crime.
The judgement reads, “A proper warning should be administered in this regard.” It adds: “If that does not work, the government of Pakistan and state institutions, particularly the security forces, shall be under constitutional and legal obligations to shoot down drones attacking Pakistani territories or when they enter the airspace of Pakistan’s sovereign territory.”
The judgment further ordered the state to take up the matter before the UN Security Council. The court said if that didn’t work, Pakistani authorities needed to requisition a meeting of the UN General Assembly to resolve the matter effectively.
Published in The Express Tribune, December 7th, 2014.
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