PHC issues notices to govt on petition seeking rights for tribal people

PESHAWAR: The Peshawar High Court (PHC) on Thursday issued notices to federal government and Khyber Pakhtunkhwa governor in a constitutional petition seeking fundamental rights for people of the tribal agencies available to other citizens in the Constitution.
A two-member bench comprising Justice Waqar Ahmad Seth and Justice Younas Thahim admitted the constitutional petition for a full hearing. The bench directed the federal government through secretary interior and Khyber Pakhtunkhwa governor to submit replies on next hearing of the case.
Muhammad Muazzam Butt filed the constitutional petition in which he raised several law points about fundamental rights of the people of Federally Administered Tribal Areas (Fata).
During the hearing, he submitted that under Article 1 (2) of both the 1956 and 1962 constitutions, Fata was not territory of Pakistan and there was no representation for the people of Fata in the Parliament.
The lawyer stated before the bench that for the first time territory of Fata was declared as part of Pakistan in 1973 Constitution. He said under the Law of Accession, the Fata territory was incorporated in Pakistan, but the inhabitants of Fata were kept deprived of the fundamental rights which are guaranteed for the citizens.
The lawyer further questioned that under Articles 9 and 25 of Constitution both the people of Fata and other citizens are equally placed in the Constitution, but the people of Fata have been deprived of the right to appeal in the constitutional courts including high court and Supreme Court.
He also submitted that under the Citizens Act 1973 and Supreme Court decision by Justice (r) Wajihuddin Ahmed both the people of Fata and other citizens were equally identified as citizens of Pakistan and despite these facts the people of Fata were deprived from their constitutional rights in the country.
In light of the Supreme Court decision, the bench admitted the petition for a full hearing and sought replies from the federal government and Khyber Pakhtunkhwa governor.