Commissioners’ powers in tribal districts: PHC directs KP govt to submit reply by tomorrow

PESHAWAR: The Peshawar High Court (PHC) on Tuesday directed the Khyber Pakhtunkhwa government to submit reply by October 25 in a writ petition challenging the presidential interim order allowing the commissioners in tribal districts to act as judges and the council of elders to decide civil and criminal matters in violation of the constitution.

A division bench comprising Chief Justice Waqar Ahmad Seth and Justice Ishtiaq Ibrahim gave two days to the KP government for submission of reply in the case.

During hearing, Additional Advocate General Waqar Ahmad requested the court to give some time to the KP government as the decision in the case would also affect the affairs in the province.

The federal government has already submitted its reply in the petition.

In its reply submitted in the PHC in the petition challenging the presidential notification that had allowed the commissioners to act as judges in the tribal areas after Fata’s merger with Khyber Pakhtunkhwa, the Law and Justice Division explained that the said system was an interim arrangement to fill the vacuum of administration and maintenance of peace in the merged tribal districts.

It said that with the passage of time the same laws as are in force in rest of the country would be enforced in the tribal district and the same judicial system would be established. “It is submitted that after the merger of Fata with KP and repeal of the Frontier Crimes Regulation 1901, a vacuum has occurred in the tribal areas. And in order to fill the same, the Fata Interim Governance Regulations 2018 was promulgated on the initiative and summary of the Ministry of States and Frontier Regions [Safron] to provide an interim system of administration of justice and maintain peace and good governance,” the ministry submitted in its comments.

The ministry submitted that in view of the wishes of the tribal people and government commitment to mainstream Fata, a committee was constituted which after thorough deliberations suggested various measures to achieve the objectives.

It said an act was passed to extend the jurisdiction of the Peshawar High Court and Supreme Court of Pakistan to the tribal areas. The constitutional amendments have already been finalised on the initiative of the Safron.

As per the regulations initiated by the ministry, the offices of political agent and assistant political agent have been changed and re-designated as deputy commissioner and assistant commissioner. Also, a judge has to be appointed in every tribal district for adjudication of criminal cases. A council of elders would act as jury only on the pattern of the developed legal system.

The Law and Justice Division stated that other features of the regulations are the provisions such as Code of Criminal Procedure, 1989 regarding security and provision of bonds have been completely applied to Fata, all provisions involving joint responsibility, etc have been omitted, powers of review have been given, right of appeal to high court is provided and 119 laws enforced in the country are applicable in Fata.

The writ petition was filed by Ali Azeem Afridi who sought an order of the court to declare the impugned notification issued on May 29 and titled Fata Interim Governance Regulation, 2018 as ultra vires of the Constitution.