Reach of the law: AGP’s assistance sought on jurisdiction of FIA in FATA

Former ACS maintains agency’s authority has not been extended to tribal areas.

PESHAWAR: The Peshawar High Court sought the assistance of the attorney general of Pakistan (AGP) in a case regarding the jurisdiction of the Federal Investigation Agency (FIA) in the Federally Administered Tribal Areas.

A single-member bench of Chief Justice Mazhar Alam Miankhel on Monday asked the AGP for assistance in the matter of FIA’s authority in the tribal areas. The direction was issued in the hearing of an appeal filed by former Fata additional chief secretary Dr Tashfeen Khan.

Qazi Muhammad Anwer, the applicant’s lawyer, told the court the FIA had directed the former ACS to provide certain records pertaining to development projects and the auction of cattle smuggled to Afghanistan. Anwer said a notice was issued to the former ACS in the case to produce records of the matters. Later, he added, the FIA filed a case in the anti-corruption court against his client. The anti-corruption court then issued a show-cause notice and determined the investigation agency had the authority to probe any corruption.

“The FIA has no authority to carry out an investigation in Fata because its act of 1974 has not been extended to the tribal areas so far. Therefore, the ongoing case against my client in the anti-corruption court should be declared null and void,” he requested the court.

FM Sabir, standing counsel for the FIA, told the court this appeal was not maintainable because “only the enquiry has been ordered and a final decision has not been delivered in the case”. The court then asked the attorney general of Pakistan to assist it in determining the authority of FIA in Fata.

Stay on promotions

Justice Nisar Hussain and Justice Roohul Amin Khan vacated the stay order that restrained the promotion of officers in the education department to BPS-19 across the province. The bench then directed the officers to approach the proper forum for their grievances. The attorneys of 16 petitioners informed the court that their clients have been working as principals at various institutions of elementary and secondary education in K-P. They said the government had promoted many officials from BPS-18 to 19 but their clients were ignored.

AAG Rab Nawaz Khan told the court the petition was not maintainable because officials have the remedy to approach the services tribunal.

Published in The Express Tribune, March 31^st, 2015.