PHC asks why terror suspects in custody without trial

PESHAWAR: The Peshawar High Court (PHC) has questioned for how long the terror suspects would continue languishing in internment centres without trial now that the military courts became non-functional since January 2019.

A two-member bench comprising PHC Chief Justice Waqar Ahmad Seth and Justice Abdul Shakoor directed the federal and provincial governments to submit comments in a constitutional petition challenging the recent legislation meant to protect the laws that were enforced in the erstwhile Federally Administered Tribal Areas (Fata) and Provincially Administered Tribal Areas (Pata), including one governing the internment centres.

This court is giving last opportunity to the governments to submit comments in the petition before next hearing to be held on August 7, the chief justice told Deputy Attorney General Asghar Kundi and Additional Advocate General Qaiser Ali Shah. Earlier, the respondent governments failed to submit comments in the case and the bench gave more time on the request of the law officers.

Shabbir Hussain Gigyani, a Peshawar-based lawyer, had challenged the continuation of laws in the erstwhile Fata after the 25th Constitutional Amendment and pleaded before the court to strike down the KP Continuation of Laws in Erstwhile Pata Act, 2018, and KP Continuation of Laws in Erstwhile Fata Act, 2019.

He argued that the KP government adopted the two laws in violation of both the Constitution and the judgments of superior courts. He said the legislations illegally kept intact all the laws, regulations, rules and notifications meant for the erstwhile Fata and Pata, including the Action (in aid of civil power) Regulation, 2011.

The petitioner requested the court to declare unconstitutional the establishment of internment centres in Fata and Pata under the 2011 Regulation, and order the government to hand over all internees to the relevant courts for trial.

He also sought the court s orders for stopping the respondents, including Khyber Pakhtunkhwa government, from promulgation of any laws, rules, regulations, notifications or any other legal instrument that discriminates the public of erstwhile Fata/Pata from rest of Khyber Pakhtunkhwa or in violation of the constitutional and fundamental rights of the inhabitants of those areas.

The petitioner, who specialises in cases of internment and enforced disappearances, said that in the past the residents of former Fata were suppressed through discriminatory laws, including the Frontier Crimes Regulation (FCR) and AACPR 2011.