Centre’s reply to petition against FCR sought

The Peshawar High Court on Wednesday directed the federal government to file written reply to a petition challenging several provisions of the Frontier Crimes Regulation (FCR) and terming it inconsistent with the fundamental rights guaranteed under the Constitution.

A bench comprising Chief Justice Dost Mohammad Khan and Justice Irshad Qaiser directed deputy attorney general Mohammad Iqbal Mohmand to submit the reply within 15 days.

The bench observed that in case it accepted the petition, it would have severe implications and impact for the government and therefore, it was necessary for federal government to furnish its reply.

The petition is filed by a Khyber Agency resident, Ghufran Kukikhel, who was convicted by the political agent on Nov 23, 2011, of drug trafficking.

His conviction was made on the basis of the inquiry conducted by a jirga of elders constituted under FCR.

He was handed down 10 years rigorous imprisonment and Rs100,000 fine.

The petitioner was charged under the Prohibition (Enforcement of Hadd) Order, 1979 read with FCR whereas he claimed that in presence of Control of Narcotics Substance Act, 1997, he could not be tried under the former laws.

Noor Alam Khan, lawyer for the petitioner, said several of the FCR provisions were in conflict with the Constitution and against several judgments of the superior courts.

He said his client had also challenged the judicial powers of the political agent for being in conflict with Article 175 of the Constitution.

The lawyer said the FCR sections mostly related to powers of district magistrate, additional district magistrate, council of elders and trials were also questioned.

Levies refuse to perform duty in FR Peshawar

The personnel of Levies Force have refused to perform duty in Frontier Region of Peshawar till fulfillment of their demands regarding provision of arms and compensation to the families of their killed colleagues.

A reliable source in the force, pleading anonymity, told Dawn on Monday that 22 Levies men were killed by Taliban but government did not take any action in that regard.

Criticising the government, he said that none of the senior officials bothered to participate in the funeral prayers of the killed Levies personnel nor offered fateha for them at their homes.

“The administration had announced to compensate the affected families. We are still waiting for the compensation,” the source said and added that even sufficient arms and ammunition were not provided to Levies personnel.

He said that out of 230 Levies personnel in the area only 45 had been given official weapons while the rest of them were using their personal arms against militants. He said that it was impossible for them to perform duty in such condition any longer.

An elder of Hassankhel area said that the administration was forcing people to form anti-Taliban lashkar but they were not ready to do so. “We have already suffered a lot and are unable to take more risks,” he said, adding that government was not supporting the people and was using them for its own purpose.