Service restored: PHC told FATA Tribunal chairman, members have been appointed

AAG says governor issued notification in this regard

PESHAWAR:

The federal government informed the Peshawar High Court on Wednesday that Sange Marjan has been appointed chairman of the FATA Tribunal while Hussain Zada and Atif Nazir will be its members.

This was shared by Additional Attorney General (AAG) Syed Attique Shah during the hearing of a petition filed against delays in appointing a chairman and members for the tribunal which has caused the number of pending appeals to pile up with the tribal belt’s judicial authority.

Iqbal Mohmand, counsel for the petitioner, told a bench comprising Chief Justice Mazhar Alam Miankhel and Justice Muhammad Daud Khan they have approached the high court because FATA Tribunal has remained non-functional for several months.

According to Mohmand, his client had a land dispute and the Frontier Crimes Regulation (FCR) commissioner had issued an order in the case. However, his client has been unable to pursue the matter any further since the tribunal has been dysfunctional since January 26, 2015.

AAG Shah informed the court that Governor Sardar Mehtab Ahmad Khan had recently issued a notification regarding the tribunal’s appointments on the high court’s orders. The appointment order of the new chairman, Sange Marjan, and members Hussain Zada and Atif Nazir were also presented in the court.

After hearing the arguments, the court disposed of the petition and referred it to FATA Tribunal.

Amid delays

On May 5, the high court had issued notices to the Khyber-Pakhtunkhwa governor and Attorney General of Pakistan over delays in FATA Tribunal appointments. The court had asked them to explain why the tribunal’s chairperson and members were not appointed in three months.

The FATA Tribunal was introduced in 2011 following amendments made to the FCR by the then Pakistan Peoples Party government. The body is the highest forum where appeals can be filed against any decision of the FCR commissioner. It has remained non-functional after the three-year contract of its previous chairman, Shah Wali Khan and members, Pir Fida and Akbar Khan, expired in January.

Rules and regulations

Under Section 55(a) of FCR, FATA Tribunal should consist of a chairman who has previously served as a civil servant of not less than BPS-21 and have experience in tribal administration. Furthermore, the law states the forum should also comprise two members. At least one of these members should be qualified to be appointed as a high court judge and be familiar with local traditions. The other member must be a civil servant of no less than BPS-20 and should have adequate experience in tribal administration.

Published in The Express Tribune, May 28^th, 2015.