Confusion over FCR status

PHC seeks reply from KP govt in terror suspects’ cases

By Akhtar Amin

PESHAWAR: The Peshawar High Court (PHC) on Thursday sought reply from the Khyber Pakhtunkhwa government over dealing with terror suspects’ cases charged under the abolished FCR.

Both the subordinate session courts and anti-terrorism courts had refused to hear the cases.

A two-member bench comprising Chief Justice Waqar Ahmad Seth and Justice Musarrat Hilali issued notice to Khyber Pakhtunkhwa government through additional advocate general, Waqar Ahmad, directing it to submit reply about the case whether the government is making legislation to make it in the schedule or what legal way to be adopted for these cases.

During hearing, Shabir Hussain Gigyani advocate, submitted that both the subordinate courts, session courts and anti-terrorism courts, had refused to hear the under trial pending cases of the terror suspects under sections 120, 121 of Pakistan Penal Code (PPC) read with 11 FCR.

The lawyer submitted that as per the high court decision in a reference about pending cases under FCR, the court had directed to submit applications for bail or appeals of the pending cases under FCR before the sessions judge of the recently established regular courts for the merged districts. However, he said that when the lawyers filed bail applications in the pending cases under sections 120, 121 PPC read with 11 FCR, the session court judges refused to

hear with observations that these sections are related to terrorism and they have no power to deal with the terrorism cases.

On the other hand, he submitted, that when the lawyers filed bail petitions and appeals in the anti-terrorism courts, they also refused to hear with observations that that there is no section under 7 of Anti-Terrorism Act (ATA), which is schedule offence under the Anti-Terrorism Act.

Due to refusal of the subordinate courts from hearing pending cases under sections 120, 121 PPC read with 11 FCR, the fate of hundreds of accused persons is hanging in balance and cases are pending since months without any relief or hearing.