Peshawar High Court decision on jurisdiction in Fata
- 10 years ago
PESHAWAR - The Peshawar High Court on Monday said that FATA did not come under its jurisdiction, as it would need an amendment to give this constitutional right to the people of tribal areas.
A five-member larger bench of the Peshawar High Court send the reference regarding FATA status to parliament and recommended amendment for extending court jurisdiction to tribal belt.
The PHC said that the court has no jurisdiction in FATA, adding an amendment is needed to ensure this constitutional right to the people of FATA. It is pertinent to mention that the Peshawar High Court on Friday reserved judgment in the case about its jurisdiction in tribal areas.
The court formulated several questions as whether it has jurisdiction regarding federal and provincial employees working in Fata on deputation, whether it has jurisdiction in cases of federal employees working against key posts in Fata, whether it has jurisdiction to entertain cases of employees recruited in Fata? Whether it has jurisdiction to entertain cases of illegal detentions by officers in Fata, whether it has jurisdiction to look into decisions made by the Fata tribunal in civil and criminal cases, whether it can exercise powers if cause of action arises/occurs in settled area but proceedings carried out by political authority in tribal areas; and whether it can exercise jurisdiction in contractual obligations arising between government functionaries of Fata and private persons.
A five-member larger bench of the Peshawar High Court send the reference regarding FATA status to parliament and recommended amendment for extending court jurisdiction to tribal belt.
The PHC said that the court has no jurisdiction in FATA, adding an amendment is needed to ensure this constitutional right to the people of FATA. It is pertinent to mention that the Peshawar High Court on Friday reserved judgment in the case about its jurisdiction in tribal areas.
The court formulated several questions as whether it has jurisdiction regarding federal and provincial employees working in Fata on deputation, whether it has jurisdiction in cases of federal employees working against key posts in Fata, whether it has jurisdiction to entertain cases of employees recruited in Fata? Whether it has jurisdiction to entertain cases of illegal detentions by officers in Fata, whether it has jurisdiction to look into decisions made by the Fata tribunal in civil and criminal cases, whether it can exercise powers if cause of action arises/occurs in settled area but proceedings carried out by political authority in tribal areas; and whether it can exercise jurisdiction in contractual obligations arising between government functionaries of Fata and private persons.