Saturday 2 November 2013

Fata people demand high court jurisdiction

FATA : Tribal people have demanded the extend the High Court and Supreme Court jurisdiction to Fata for speedy justice at the door steps. 
 Talking to The News, tribal lawyers and other people from the various Fata agencies said that thousands of local disputes were running in the courts of assistant political agents and political agents courts in Fata but couldn't resolved the disputes. They said that Fata Tribunal had been established in 1997 was failed to provide easy and quick justice to applicants.
 Shamsul Amin, a Landikotal resident, told this scribe that Khugkhel tribe of Shinwari was receiving around one million lose every day due to closure of Torkham general stand since last six months of the closure.He said Fata tribunal so far couldn't reached to its final decision. He said they had filed case six months ago but to no hearing was held despite giving new date for next hearing, he added. Shams demanded that High Court and Supreme Court jurisdictions should be extend to tribal areas in order to provide swiftly justice to tribesmen.
 Shah Pasand another tribesman of Mohmand Agency said he had land dispute with rival group in Ghalanai area of Mohmand Agency and selected official Jirga by the political agent gave verdict in favor of opposition party which he  challenged in Fata tribunal. He regretted that he was not provided justice in the last eight years of his struggle despite appealing in the tripeople demand high court jurisdiction bunal against the onesided verdict by the assistant political agent. The aggrieved person demanded justice from members of tribunal in order to get rid of the dispute as he was unable to afford the lawyer's fee hired to sue the case. 
 Advocate Qubais Shinwari, a high court lawyer from Khyber Agency, commented that lawyers’ community applauded the step towards amendments being made in (FCR) by former President Asif Ali Zardari, though amendments were not made on the wishes of tribal people. “The tribunal was not fully empowered as expected to  work for the quick settlement of  issues.He said the tribunal was always busy in the  departments judgements despite to provide justice to the local tribesmen,"Qubais said. The tribal people, the lawyer said, under the 1973 constitution were Pakistani citizens but they have been intentionally kept deprived of fundamental rights. Qubais said that Fata tribunal has not consists its requirements while appointing a judge or member of tribunal. He said the sitting members of Fata tribunal have been appointed on the recommendations of political leaders violating merit criteria.
 Farooq Mehsud, a high court lawyer, said that Fata tribunal was providing justice as quick as possible. "The role of current tribunal was highly-appreciaable as it helps solve minor issues in short time", Mehsud said. However, he said the 2011 amendments brought the court out from under the direct administration of federal government and placed two retired bureaucrats and one lawyer in the Fata Tribunal. 
 Contrary to the comments of the lawyers and tribesmen, Chairman of Fata Tribunal, Shah Wali Khan Orakzai said the tribunal deals both civil and criminal cases and try to give quick judgements. Chairman however shared the statistics and said that around 500 cases have been resolved while 89 other cases were pending on which they would soon give the final verdicts.  

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