Bringing FATA into the mainstream

December 14, 2017

By Asif Mahmood

Bringing FATA into the mainstream is not politics , it is national service. This is not an act of charity, it is a duty. It must have been done. No theatrics please. No dirty politics.

500000 lac people live in FATA . they have 11 MNA’s in the National Assembly. These MNA’s are empowered to discuss each and everything but they are not allowed to do any legislation for their own people. Under article 247 of the constitution of Pakistan “ No Act of Parliament shall apply to FATA or to any part thereof”.

Supreme Court is the superior court of Pakistan. Under article 175 it is called Supreme Court of Pakistan. Meaning thereby that this the supreme judicial forum for the whole country. But the fact is that under article 247 it has been declared that “ Neither the Supreme Court nor a High Court shall exercise any jurisdiction under the constitution in relation to a Tribal Area…”

Article 10( a) guarantees the right of Fair trial and due process but FCR has deprived the people of FATA from this concept of fair trial and due process. The political agent is everything, the prosecution , the judge.

As per law one is responsible only to the extent of his own omission or commission but under section 21 and 22 of FCR if one person commits any offence the whole village or tribe can be arrested. It was only in 2012 when Zardari government introduced this amendment that women , children under 16 and old citizen above 65 years of age cant be arrested. The present situation is that for on affence of gul khan the whole village from 17 years to 66 years can be arrested.

Section 60 of FCR says the decision of political agent shall be final and no one can go to any court for any kind of remedy. Section 498 says there is no appeal against his order.

Under section 40 he can put any person behind bars for three years and there is no appeal and remedy against such an order.

Now this the way FATA has been and is being administered. Ridiculous and pathetic.