A draconian law?: Maaz and Bilal remain at mercy of FCR

Class 10 student being held till his brother gives himself up

PESHAWAR: Authorities’ claims of ensuring basic human rights when dealing with the detention of people in tribal areas can easily be disputed by the families of Maaz Shinwari and Bilal.

Like these two, there are many who have been fished out by officials and put in political administration lock-ups in the border town of Landikotal in Khyber Agency.

Earlier this week, The Express Tribune learnt of the detention of Maaz and then Bilal. In Maaz’s case, elders of Khogakhel clan of the Shinwari tribe have announced a hunger strike in protest against the arrest of the boy who was taken into custody under the Frontier Crimes Regulation (FCR).

Maaz, a student of class 10, has been reportedly locked up to force his family into surrendering his elder brother Daud who is charged with injuring a khasadar official. According to Maaz’s family, the boy’s relatives got involved in skirmishes with volunteers of the peace lashkar in Landikotal Bazaar. Relatives added Maaz was arrested and thrown into the political administration lock-up under the FCR as a reaction. Family members were later told to hand over his elder brother Daud in exchange for Maaz’s release.

While officials claim Daud and his family were preventing khasadar personnel from performing their duty, the brother of the detained boy, Merajuddin Shinwari, and others refute such allegations. They argue members of the “so-called peace lashkar” are common tribesmen and not part of the official set-up. Merajuddin added the hunger strike camp will either be held in front of the Landikotal assistant political agent’s office or Khyber House in Peshawar.

This is also affecting Maaz’s education as the boy was not allowed to appear for his Secondary School Certificates (SSC) examinations which took place earlier this week under the Board of Intermediate and Secondary Education Peshawar.

Bilal’s story is a little different. He has been charged with possessing, what officials claim, fake identification.

He belongs to Oghi in Mansehra and was arrested from Peshawar in February. He was arrested, along with four others, who were later freed. Bilal was handed over to the political administration and is now imprisoned in Landikotal.

A police officer in Peshawar, when contacted, confirmed Bilal’s arrest and the fact that he was sent to Landikotal. However, he claimed, “Peshawar police is not involved in the arrest nor his surrender to the political administration of Khyber Agency.”

He was charged under sections 419 and 420 for producing false identification, introducing himself as a member of the Governor Inspection Team. Bilal’s case is under trial with a traditional tribal jirga established under the FCR. The policeman said there is an appellate court and FCR tribunal that can be approached by both these men.

Political administration officials confirmed the detention of both individuals, but reiterated it was in accordance with FCR laws. They said Maaz is a student and submitted a form to appear for his examination from a private school. According to the document, he is 19 years old. The boy and his brother Daud were charged with injuring a khasadar soldier with a knife while clashing with a rival tribe.

Published in The Express Tribune, April 18^th, 2015.