Terrorism cases pending in KP due to non-existence of ATCs

PESHAWAR: Majority of cases in the erstwhile Fata are related to terrorism but anti-terrorism courts were neither established nor powers conferred on the judges to deal with the terrorism cases as regular courts have started functioning in the merged districts.

Due to the non-existence of anti-terrorism courts, hundreds of cases have been pending for months with the administration of these districts after withdrawal of judicial powers from commissioners and dysfunctional of the Fata Tribunal.

Hundreds of suspected persons were arrested by the security forces during military operations in the erstwhile Fata on charges of terrorism and handed over to political administration for trial under the Frontier Crimes Regulation (FCR) that has been abolished.

The Peshawar High Court (PHC) on November 1, 2018, declared the Fata Interim Governance Regulation, 2018 illegal and in conflict with the Constitution. It also declared illegal the assigning of judicial powers to administrative officers in the tribal districts

It has created a legal vacuum and the tribal people started filing writ petitions for bails and acquittal in the convictions under the terrorism charges. In many cases, the PHC granted relief and ordered the release of the convicts in terrorism charges on bails.

It has stopped hearing the cases related to the newly merged districts with the observation that regular courts have started functioning there. Interestingly, the majority of the cases are related to detention and conviction of the people on terrorism charges, but neither powers are delegated nor separate anti-terrorism courts established in the merged districts. However, the PHC has prepared a reference for resolving legal issues after the abolition of the FCR including the fate of the cases decided under British-era law.

The PHC division bench headed by Chief Justice Waqar Ahmad Seth had also put on notice the Khyber Pakhtunkhwa and federal governments, directing them to submit replies and assist the court about the cases that were decided under (FCR).

The cases are now pending for execution and appeals against the decisions in the proper forums including Commissioner FCR and Fata Tribunal. Currently, the people of merged districts are filing fresh cases in the regular courts and the cases related to FCR are pending.

On the other hand, hundreds of cases decided under FCR are pending before Commissioner FCR and Fata Tribunal for executions. Additional Advocate General, Waqar Ahmad Khan, who was representing the provincial government in the reference filed by the PHC, has said that the reference was filed for a decision about the cases decided under FCR and various legal impediments with the assistance of the governments.

He said the high court in the reference has raised various legal points including execution of decisions by the political administrations under FCR as who will be the execution authority after withdrawal of judicial powers from commissioners and deputy commissioners in the merged districts.

The high court has also sought the legal assistance over the appeals against the decisions of APA, PA and FCR Commissioner in the relevant forums before the abolition of the FCR, which are still pending as the Fata FCR has also become dysfunctional.

The law officer explained that the high court also seeks legal assistance in the cases pending before the FCR Commissioner and Fata Tribunal as the cases would be transferred to which forum for hearing.