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No one can make deal on Fata people: Fazl

By Muhammad Anis
May 16, 2017

Says struggle for upholding rule of law, Constitution to continue; govt tables bill on Fata reforms in NA

ISLAMABAD: Maulana Fazlur Rehman of Jamiat Ulema-e-Islam-Fazl (JUI-F) said on Monday that no one could make a deal on the Fata people as he vowed that his struggle for upholding the rule of law and Constitution would continue.

The government introduced the Constitution (Thirtieth) Amendment Bill in the National Assembly, which would provide for creation of more seats in the Khyber Pakhtunkhwa (KP) Assembly following the integration of Fata with the KP province in the light of recommendations of the Fata Reforms Committee.

The government also introduced the Rewaj Act, 2017 for tribal areas, which provides for extension of jurisdiction of the Supreme Court of Pakistan and the Peshawar High Court to the Fata.

As all the opposition parties also supported the Constitution Amendment bill, the Jamiat Ulema-e-Islam-Fazl (JUI-F), an ally of the government, strongly opposed the move with Maulana Fazlur Rehman warning the rulers to refrain from action which could raise objections from the neighbouring countries and deteriorate relations with them.

Following introduction of the bills, the House witnessed an exchange of harsh words between Maulana Fazlur Rehman and Shah Jee Gul Afridi, who was supporting the legislation.

The JUI-F chief said as per an agreement reached between then British India and Afghanistan signed in 1893, the present Fata area was declared as a buffer zone between the two sides. “I consider the Pak-Afghan border as an international border but you want to create the issue of Durand Line,” Maulana Fazlur Rehman said.

He said if any decision was taken ignoring the 1893 agreement, it would draw any reaction from the neighbouring country and there would be an increase in difficulties for Pakistan. “We are already facing the issue of the Line of Control (LoC) with India making claims on Kashmir and now we will reopen the issue of Durand Line by merging Fata with the KP province,” he said, saying emotional steps should not be taken.

He maintained that his party was not against reforms in Fata but it would strongly oppose its merger with the KP province. “It is not the bill which was agreed with us,” he said.

Maulana Fazlur Rehman was of the view that the opinion of people of Fata in the shape of a referendum should be sought before taking important decisions like merger with the KP province.

The Constitution (Thirtieth) Amendment bill provides for amendment to Article 106 of the Constitution envisaging an increase in KP Assembly seats from 124 to 147, which include 18 general seats, four seats for women and one seat for non-Muslim in respect of Fata.

“Creation of such seats is also of paramount importance for the fact that if delayed, it will not hamper the integration or the mainstreaming of Fata but also neglect a favourable opportunity which might become a distant opportunity before the next general elections,” the statement of objectives and reasons of the bill said.

The Rewaj Act, 2017 in its essence, provides for an extension of the jurisdiction of the Supreme Court and Peshawar High Court which in collaboration will provide an alternative system of dispute resolution in the form of a Jirga system for provision of speedy justice system to the people of the area.

Responding to concerns expressed by the JUI-F chief, the Minister for States and Frontier Regions (Safron) Lt General (retd) Abdul Qadar Baloch said the legislation introduced in the House was not meant for integration of Fata with KP rather those were part of reforms in the Fata doing away with black law like FCR.

He said in order to protect the rights of the people of Fata, the legislation would provide for right of appeal with the Supreme Court and the Peshawar High Court against decisions of Jirga. He said the government planned to spend Rs110 billion annually as a part of 10-year Fata reforms programme.

Opposition leader Syed Khursheed Shah, Shah Mehmood Qureshi of PTI, Sahibzada Tariqullah from Jamaat-e-Islami (JI), Captain (retd) Muhammad Safdar and Aftab Khan Sherpao of Qaumi Watan Party also supported the legislation.

Shah Mehmood Qureshi said there was consensus among all the opposition parties on the bill but views of Maulana Fazlur had shown rifts in the ranks of the government. “Either the government should withdraw the bills or Maulana should leave the government,” he said.

Abdul Kahar Khan of Pakhtunkhwa Milli Awami Party challenged the legality of the Fata Reforms Committee saying it was only the President of Pakistan who could constitute such committees. “This committee has been constituted by the prime minister,” he said.

The government also introduced the Constitution (Twenty-ninth Amendment) bill, 2017, The Islamabad Capital Territory Child Protection Bill, 2017, the Investment Corporation of Pakistan (Repeal) Bill, 2017 and The National Food Safety, Animal and Plant Health Regulatory Authority Bill, 2017.

The National Assembly also passed a resolution condemning the Mastung attack which killed 27 workers and injured many others including Senate Deputy Chairman Maulana Abdul Ghafoor Haideri. “The Mastung attack is attack on parliament and politics of Pakistan,” the resolution said and demanded compensation for victims of the incident.