PHC asks AG if FIA has jurisdiction over Fata

PESHAWAR: The Peshawar High Court (PHC) on Monday put on notice the Attorney General of Pakistan to explain whether the Federal Investigation Agency (FIA) has the power and jurisdictionto investigate matters related to the Federally Administered Tribal Areas (Fata).
A single bench of Chief Justice Mazhar Alam Miankhel issued the notice to the Attorney General in response to an appeal by Additional Chief Secretary (ACS) of Fata. He had challenged the intervention of the FIA and investigation into the affairs of Fata.
The former ACS Fata, Dr Tashfeen Khan, had filed the appeal against the directives issued by the Special Judge (Central) of Anti-Corruption. The judge had asked the ACS Fata to appear before the investigation officer along with relevant record related to the investigation.
The petitioner’s lawyer, Qazi Muhammad Anwar, submitted before the bench that the FIA Act 1974 was not extended to Fata. He submitted that the FIA had no power and jurisdiction to intervene and investigate the affairs related to Fata unless and until the act was extended.
He submitted that currently the FIA cannot assume its jurisdiction in Fata and thus the act of the FIA to investigate the affairs of Fata was illegal and against the law.A standing counsel for the federal government, FM Sabir, submitted before the bench that the appeal against the order of the Special Judge (Central) of Anti-Corruption was non-maintainable.
He submitted that such appeals could be filed for conviction and in this case there was an order for investigation into alleged corruption.The bench asked the petitioner’s lawyer to explain at the next hearing whether or not the appeal was maintainable.
He said that under Section 94 of Criminal Procedure Code the FIA had taken notice of the embezzlement in funds provide by the federal government to Fata administration for maintaining peace and security and checking cattle smuggling from Pakistan to Afghanistan and auctioning the smuggled cattle.
The counsel said the FIA issued notice to ACS Fata to submit the record of the funds allocated for maintaining security and peace in Fata and overseeing matters related to cattle smuggling, but he refused to do so.
Later, the FIA filed a complaint against the ACS Fata with the Special Judge (Central) Anti-Corruption under Section 175 of the Pakistan Penal Code in which the court issued a show-cause notice to him.
The Special Judge (Central) Anti-Corruption rejected the objection raised by the ACS Fata that FIA had no jurisdiction in the matter. He passed an order on March 1, 2013 and directed the ACS Fata to appear before the Investigation Officer, Shahid Ilyas of FIA along with all relevant record before March 8, 2013. However, the ACS Fata moved the high court which restrained the FIA from investigating the matter.