Peshawar High Court Bar Association Resolution on FATA (May 2014)

•

1 like•615 views

Today Resolution passed by Peshawar High Court Bar Association in general body meeting on the requisition of FATA Lawyers Forum.

News & Politics

Peshawar High Court Bar Association Resolution on FATA (May 2014)

More from fatanews

FATA Governance Reforms: Issues and Way Forward (CGPA Policy Brief, October 2...

fatanews

Article 1(c) of the Constitution of the Islamic Republic of Pakistan defines the Federally Administered Tribal Areas (FATA) as part of the Republic’s territories in addition to the four provinces of Balochistan, Khyber Pakhtunkhwa, Punjab, Sindh and the Islamabad Capital Territory. Chapter 1 (Articles 8-28) of the Constitution guarantees Fundamental Rights to the citizens in the territories of the Republic. The Fundamental Rights, inter alia, include the security of person, safeguard as to arrest and detention, the right to fair trial, freedom of movement, assembly, association, speech, and equality of citizens. Article 8 of the Constitution provides that any law, custom or usage having the force of law, which is inconsistent or in derogation of the Fundamental Rights is void. In contrast to the spirit of the Constitution and the Fundamental Rights contained therein, there exists no judicial forum for the enforcement of Fundamental Rights in FATA. Justice in FATA is dispensed through a quasi-judicial system in accordance with the provisions of a colonial law known as the Frontier Crimes Regulation (FCR) 1901. The FCR concentrates all judicial and executive powers in the office of the Political Agent/Deputy Commissioner, a senior civil servant of the federal government. In contravention of due process of law, citizens in FATA have no right to fair trial and have little safeguard against arbitrary arrest and detention. Because of its geographical proximity to Khyber Pakhtunkhwa, , the people of FATA often approach the Peshawar High Court (PHC) for the enforcement of their Fundamental Rights, despite the bar of jurisdiction of the High Courts under Article 247(7) of the Constitution. Several petitions relating to FATA were filed in the PHC during 2013 and 2014, related to four broad categories: 1) illegal detentions by political agents in FATA, 2) service matters of the employees working in FATA, 3) contract matters, and 4) Fundamental Rights. In order to address these petitions in accordance with constitutional provisions, the PHC constituted a “larger bench” for the hearings. The Court also appointed seven eminent amicus curiae to assist it on eight specific points. The Court, after hearing arguments from counsels for the parties and submissions of the amicus curiae, wherein all the previous judgments of the superior courts were exhaustively discussed (see annex for details), considered the matter and passed its judgment on April 7, 2014. The judgment highlights the contradictions in the enforcement of Fundamental Rights and safe administration of justice in FATA. The Court arrived at the conclusion that it has no jurisdiction in areas that constitute FATA except in relation to the terms and conditions of service of the civil servants, development contracts and detentions that violate Section 86-A of the Criminal Procedure Code of Pakistan.

Peshawar High Court FATA Judgment Analysis (2014)

fatanews

FATA Reforms Commission Notification (May 2014)

fatanews

Mapping PCNA Investments in FATA (January 2014)

fatanews

Post-crisis Needs Assessment (PCNA) for FATA and Khyber Pakhtunkhwa (Septembe...

fatanews

2013 FATA Pre-election Briefing (February 2013)

fatanews

Analysis of 2013 FATA General Election Results (FAFEN report, January 2014)

fatanews

MAY 6, 2014: The Peshawar High Court (PHC) on Monday advised the federal government to submit a reference in the Parliament for suitable amendments to the Constitution with an aim to protect fundamental human rights in the tribal region. The advice was given by a larger bench in a detailed judgment over matters related to illegal detentions and issues of government servants. The PHC on Monday issued a 46-page judgment related to Fata, in which a larger bench comprising the then PHC chief justice Mian Fasihul Mulk, present Chief Justice Mazhar Alam Miankhel, Justice Yahya Afridi, Justice Qaiser Rasheed and Justice Malik Manzoor Hussain declared that the high court had jurisdiction to hear cases of the employees of provincial and federal governments serving in Fata. About arrest of people from settled areas by the political administration, the bench declared that the high court could assume its jurisdiction in illegal arrest by the political administration. The bench stated that the arrest would be illegal if political administration did not fulfil procedure under section 86-A of the Criminal Procedure Code (CrPC), before shifting the arrested persons to tribal areas from the settled areas. The bench declared that the high court had jurisdiction to hear the cases if the incident or any other agreements on business and other matters took place in settled areas between private parties and action was taken by the political authorities. The bench said the court would decide its jurisdiction in the service maters of those employees who were directly appointed by the political authorities when such cases come to the court for hearing. However, the bench declared that the high court had no jurisdiction to hear cases related to various matters occurring in Fata and illegal arrests of tribal people there.The judgment said the political agents’ basic duty was to run the administrative affairs of various tribal agencies, but at the same time they also act as judge and sentenced the tribal people under the FCR. The bench declared that there was no system to control the unlimited powers of the political agents and that was why they were committing serious violations of fundamental human rights and giving decisions on their own free will and under sub-Article 7 of Article 247 of Constitution their divisions are not challenged in the high court. Therefore, the court declared sub-article 7 of Article 247 of the Constitution inconsistent with articles related to fundamental rights and advised the federal government to submit a reference in the parliament for suitable amendments to the said article. “We are advising the federal government to submit a reference in the National Assembly and Senate for suitable amendments in sub-article 7 of Article 247 of the Constitution. People of Fata are citizens of Pakistan, but imposing restriction through this article of the Constitution against tribal people to get fundamental rights.

Peshawar High Court Judgment on FATA Jurisdiction (April 2014)

fatanews

Social and Psychological Consequences of Violence in FATA (September 2013)

fatanews

ISLAMABAD, April 22, 2014: The tribal people demanded immediate extension of local governments system to tribal territories to mainstream the Federally Administered Tribal Areas both politically and socially with rest of the country. This was the crux of a Study Report titled "Local Government in FATA: Past Failures, Current Challenges and Future Prospects" launched by Islamabad-based think tank - FATA Research Center - at a local hotel here on Tuesday. The report is prepared after conducting extensive surveys, interviews and round tables conferences with different stakeholders including tribal people, elders, political and legal experts, academia, media men and government officials. Speaking at a launching ceremony as a chief guest, Federal Minister for State and Frontier Regions (SAFRON) Lt Gen (R) Qadir Baloch, said the findings of the report are manifesting the fact that tribal people are politically aware and demanding participation in affairs of the state through democratically elected bodies. The minister elaborated that we haven't decided yet about the date of conducting local bodies elections in entire of Pakistan and will introduce the local government system in FATA before its elections.

Local Government in FATA: Failures, Challenges, Prospects (FATA Research Cent...

fatanews

This paper examines the recent decentralization reforms in Pakistan under General Musharraf. We highlight major aspects of this reform and analyze its evolution in a historical context to better understand potential causes behind this current decentralization. Analyzing the evolution of local government reforms in Pakistan is interesting because each of the three major reform experiments has been instituted at the behest of a non-representative centre using a ‘top down’ approach. Each of these reform experiments is a complementary change to a wider constitutional reengineering strategy devised to further centralization of political power in the hands of the non-representative centre. We argue that the design of the local government reforms in these contexts becomes endogenous to the centralization objectives of the non-representative centre. It is hoped that analyzing the Pakistani experience will help shed light on the positive political economy question of why non-representative regimes have been willing proponents of decentralization to the local level.

Local Government Reforms in Pakistan: Context, Content and Causes

fatanews

Mainstreaming FATA: Defining, Democratizing and Developing (2009, Shaheed Bhu...

fatanews

This paper aims to analyze the impediments involved in integration of the FATA in the national mainstream of Pakistan with a view to make suitable recommendations. This paper briefly discusses the historical background and provides a short overview of the administrative, judicial, political and socio-economic aspects of the FATA. In assessing the underlying causes of the FATA problem, this paper suggests a significant change to the FATA’s status quo as an essential and effective measure. To understand the FATA conundrum, case studies of handling Pashtuns residing in the region of the NWF by British, Soviets and later by Pakistan have been done. It has provided a better understanding and apt analysis of the current situation. The paper also addresses the concerns of Pakistan on the involvement of foreign hand in destabilizing the situation inside the FATA and other parts of Pakistan. As the credibility of such like information is always difficult to ascertain; therefore, occasional release of related news in the media and comments of senior Pakistani officials and journalist have been used as base facts for drawing relevant conclusion. The world at large and Pakistanis in particular have to unveil forces working behind the scenes in the FATA. In addition, an effective reform package with a potent media campaign is required to go in to the FATA, thereby not only making the locals aware of the sensitivity of the problem of extremism coupled with terrorism in their society but to make the reminder of Pakistanis also realize that the FATA requires a national effort of integration which cannot be left to only one component of government i.e. Army and other LEAs.

Impediments to Integrating FATA in Pakistan Mainstream (2009, Muhammad Tayyab...

fatanews

The FATA Reforms news update below is a 36-page document containing a selection of opinion and news articles regarding recommendations for further reforms in Pakistan's Federally Administered Tribal Areas (FATA). The summary document contains articles from November 2013 to February 2014. The reforms priorities in the document include abolishing the Frontier Crimes Regulation (FCR), many calls for extending a local government system to FATA, amending Article 247 of the Constitution of Pakistan, competing calls for future FATA status, commentary on development in FATA, calls for greater transparency in the tribal areas and others.

FATA Reforms News Update (Nov 2013-Feb 2014)

fatanews

This is the factsheet of the NOCs submitted for travel to KP and FATA during the months from October to December 2013. A total of 136 applications were submitted by 10 INGOs, 7 UN agencies, and 1 NNGO. 74% of the applications were approved and 19% were refused, which is higher than 7% of the previous quarter. The official processing time for travel NOC in KP and FATA is 7 days, but this factsheet presents the average processing time for FATA NOC to be 9 days, and for KP NOC 9 days. Considerable variations were observed, with FATA NOC being processing over a range of 1-76 days and KP NOC over a range of 1-68 days.

Pakistan travel noc factsheet for kp and fata

fatanews

This essay reviews seven recent books and reports that focus upon the use of U.S. armed drones in Pakistan’s Federally Administered Tribal Areas (FATA). This essay synthesizes a historical account of the program, critically interrogates key arguments and evidence advanced by the various authors, and draws attention the particular problems that confront those who live in the FATA and the second-class citizenship that the Pakistani state has bestowed upon them for reasons of domestic and foreign policy concerns. This review essay does not intend to be the final word on any of the ongoing policy debates. But it does hope to enable a wider audience to take part in these important deliberations.

Drones, Spies, Terrorists and Second Class Citizenship in Pakistan (Christine...

fatanews

All Bajaur Political Parties Alliance agenda and FATA reforms recommendations...

fatanews

Voices from FATA #44 (June 2013)

fatanews

Voices from FATA #43 (June 2013)

fatanews

The newsletter ‘Jirga Monitor’ is an activity of CAMP’s project titled ‘Rule of Law Programming in Pakistan’ (Phase IV: ‘Reforming the Jirga System through Evidence based Advocacy and Sensitisation’), funded by Foreign Office of the Federal Republic of Germany. In this Issue Jirga Decisions Women Rights and Traditional Jirga Treading the Unknown Download the complete Jirga Monitor below CAMP brings you yet another diverse and interesting issue of its periodical newsletter ‘Jirga Monitor’ comprising of major developments and commentaries on the traditional Pakhtun dispute resolution system. The Supreme Court of Pakistan recently urged the government to initiate an awareness campaign by involving educational institutions, the media and NGOs to make sure that women were not exchanged to resolve disputes through the Jirga system.

Jirga Monitor #9 (August 2013, English)

fatanews

More from fatanews (20)

FATA Governance Reforms: Issues and Way Forward (CGPA Policy Brief, October 2...

Peshawar High Court FATA Judgment Analysis (2014)

FATA Reforms Commission Notification (May 2014)

Mapping PCNA Investments in FATA (January 2014)

Post-crisis Needs Assessment (PCNA) for FATA and Khyber Pakhtunkhwa (Septembe...

2013 FATA Pre-election Briefing (February 2013)

Analysis of 2013 FATA General Election Results (FAFEN report, January 2014)

Peshawar High Court Judgment on FATA Jurisdiction (April 2014)

Social and Psychological Consequences of Violence in FATA (September 2013)

Local Government in FATA: Failures, Challenges, Prospects (FATA Research Cent...

Local Government Reforms in Pakistan: Context, Content and Causes

Mainstreaming FATA: Defining, Democratizing and Developing (2009, Shaheed Bhu...

Impediments to Integrating FATA in Pakistan Mainstream (2009, Muhammad Tayyab...

FATA Reforms News Update (Nov 2013-Feb 2014)

Pakistan travel noc factsheet for kp and fata

Drones, Spies, Terrorists and Second Class Citizenship in Pakistan (Christine...

All Bajaur Political Parties Alliance agenda and FATA reforms recommendations...

Voices from FATA #44 (June 2013)

Voices from FATA #43 (June 2013)

Jirga Monitor #9 (August 2013, English)

Recently uploaded

BooK Now Call us at +918448380779 to hire a gorgeous and seductive call girl for sex. Take a Delhi Escort Service. The help of our escort agency is mostly meant for men who want sexual Indian Escorts In Delhi NCR. It should be noted that any impersonator will get 100 attention from our Young Girls Escorts in Delhi. They will assume the position of reliable allies. VIP Call Girl With Original Photos Book Tonight +918448380779 Our Cheap Price 1 Hour not available 2 Hours 5000 Full Night 8000 TAG: Call Girls in Delhi, Noida, Gurgaon, Ghaziabad, Connaught Place, Greater Kailash Delhi, Lajpat Nagar Delhi, Mayur Vihar Delhi, Chanakyapuri Delhi, New Friends Colony Delhi, Majnu Ka Tilla, Karol Bagh, Malviya Nagar, Saket, Khan Market, Noida Sector 18, Noida Sector 76, Noida Sector 51, Gurgaon Mg Road, Iffco Chowk Gurgaon, Rajiv Chowk Gurgaon All Delhi Ncr Free Home Deliver

Enjoy Night⚡Call Girls Rajokri Delhi >༒8448380779 Escort Service

Delhi Call girls

Gujarat-SEBCs.pdf pfpkoopapriorjfperjreie

bhavenpr

Defensa de JOH insiste que testimonio de analista de la DEA es falso y solici...

AlexisTorres963861

Kishan Reddy Report To People (2019-24).pdf

KISHAN REDDY OFFICE

TDP As the Party of Hope For AP Youth Under N Chandrababu Naidu’s Leadership

anjanibaddipudi1

Call Girls in Mira Road Mumbai ( Neha 09892124323 ) College Escorts Service i...

Pooja Nehwal

The Israel-Palestine conflict is a long-standing territorial and ideological dispute primarily centered on the land known as Israel, which is claimed by both Israelis and Palestinians. It has its roots in the late 19th and early 20th centuries when Jewish immigrants began settling in Palestine, then part of the Ottoman Empire. The Zionist movement sought to establish a Jewish homeland, leading to increased tensions with the indigenous Arab population. The issue escalated in the aftermath of World War I, with the British Mandate for Palestine granting Britain control over the territory. The Balfour Declaration of 1917 expressed support for the establishment of a Jewish homeland in Palestine, further inflaming Arab-Jewish tensions. Jewish immigration increased during this period, exacerbating resentment among Palestinians. Following World War II and the Holocaust, international sympathy for the Jewish cause grew, leading to the United Nations Partition Plan of 1947, which proposed dividing Palestine into separate Jewish and Arab states. While Jewish leaders accepted the plan, Arab leaders rejected it, leading to the 1948 Arab-Israeli War. Israel declared independence, resulting in the displacement of hundreds of thousands of Palestinians and the establishment of the state of Israel. The conflict intensified over subsequent decades, marked by several wars and periods of violence, including the Six-Day War in 1967, during which Israel occupied the West Bank, Gaza Strip, and East Jerusalem, among other territories. This occupation led to the growth of Israeli settlements in the occupied territories, which are considered illegal under international law by most of the international community. Efforts to resolve the conflict have included various peace initiatives, such as the Oslo Accords in the 1990s, which aimed to establish a framework for Palestinian self-governance. However, these efforts have been repeatedly undermined by continued violence, mistrust, and disagreements over core issues such as borders, security, refugees, and the status of Jerusalem. The situation in Gaza, controlled by the militant group Hamas since 2007, has further complicated peace efforts, with frequent outbreaks of violence between Hamas and Israel, including wars in 2008-2009, 2012, and 2014, as well as periodic escalations of violence in subsequent years. The international community, including the United Nations, the United States, the European Union, and regional powers, has been involved in mediating the conflict and promoting peace negotiations. However, a comprehensive and lasting resolution has remained elusive, with both Israelis and Palestinians deeply entrenched in their respective narratives, grievances, and aspirations for statehood, security, and self-determination.

Israel Palestine Conflict, The issue and historical context!

Krish109503

Under the visionary leadership of N Chandrababu Naidu, the Telugu Desam Party (TDP) has continuously prioritized family welfare at the top of its agenda for administration. Through a comprehensive framework that encompasses education, healthcare, women and children's empowerment, economic development, and strategic welfare programs, the TDP has carved a distinctive path in fostering an optimal level of family well-being in Andhra Pradesh. Under the visionary leadership of N Chandrababu Naidu, the Telugu Desam Party (TDP) has continuously prioritized family welfare at the top of its agenda for administration.

Nurturing Families, Empowering Lives: TDP's Vision for Family Welfare in Andh...

narsireddynannuri1

Lorenzo D'Emidio_Lavoro sullaNorth Korea .pptx

lorenzodemidio01

(Vivek)Call Us, 8448380779,Call girls in Delhi NCr – We Offer best in class call girls. escort Service At Affordable Price At low Rate with Space Night 8000 We Are One Of The Oldest Escort and Call girls Agencies in Delhi. You Will Find That Our Female Escorts Are Full Of Fun, Sexy And They Would Love Enjoy Your Company. We Have A Fantastic Selection Of Escort Ladies Available For In-Calls As Well As Out-Calls. Our Escorts Are Not Only Beautiful But All Have Great Personalities Making Them The Perfect Companion For Any Occasion. In-Call:- You Can Come At Our Place in Delhi Our place Which Is Very Clean Hygienic 100% safe Accommodation. Out-Call:- You have To Come Pick The Girl From My Place We Are Also Provide Door Step Services (Delhi Ncr, Noida, Gurgaon, Faridabad, Ghaziabad Note:- Pic Collectors Time Passers Bargainers Stay Away As We Respect The Value For Your Money Time And Expect The Same From You Hygienic:- Full Ac room And Clean Rooms Available In Hotel 24 * 7 Hourly In Delhi NCR More Details, With WhatsApp Number, +91-8448380779

BDSM⚡Call Girls in Sector 135 Noida Escorts >༒8448380779 Escort Service

Delhi Call girls

Enjoy Night⚡Call Girls Iffco Chowk Gurgaon >༒8448380779 Escort Service

Delhi Call girls

30042024_First India Newspaper Jaipur.pdf

FIRST INDIA

2024 04 03 AZ GOP LD4 Gen Meeting Minutes FINAL.docx

kfjstone13

2024 02 15 AZ GOP LD4 Gen Meeting Minutes_FINAL_20240228.docx

kfjstone13

How Europe Underdeveloped Africa_walter.pdf

Lorenzo Lemes

1971 war india pakistan bangladesh liberation.ppt

sammehtumblr

26 अप्रैल को, सुप्रीम कोर्ट ने याचिकाओं के एक समूह को खारिज कर दिया, जिसमें एसोसिएशन फॉर डेमोक्रेटिक रिफॉर्म्स (एडीआर) द्वारा दायर मुख्य याचिका थी, जिसमें ईवीएम वोटों के साथ वीवीपैट पेपर ट्रेल पर्चियों के 100% क्रॉस सत्यापन की मांग की गई थी

Embed-4.pdf lkdiinlajeklhndklheduhuekjdh

bhavenpr

AI as Research Assistant: Upscaling Content Analysis to Identify Patterns of ...

Axel Bruns

Julius Randle's Injury Status: Surgery Not Off the Table

get joys

2024 03 13 AZ GOP LD4 Gen Meeting Minutes_FINAL.docx

kfjstone13

Recently uploaded (20)

Enjoy Night⚡Call Girls Rajokri Delhi >༒8448380779 Escort Service

Gujarat-SEBCs.pdf pfpkoopapriorjfperjreie

Defensa de JOH insiste que testimonio de analista de la DEA es falso y solici...

Kishan Reddy Report To People (2019-24).pdf

TDP As the Party of Hope For AP Youth Under N Chandrababu Naidu’s Leadership

Call Girls in Mira Road Mumbai ( Neha 09892124323 ) College Escorts Service i...

Israel Palestine Conflict, The issue and historical context!

Nurturing Families, Empowering Lives: TDP's Vision for Family Welfare in Andh...

Lorenzo D'Emidio_Lavoro sullaNorth Korea .pptx

BDSM⚡Call Girls in Sector 135 Noida Escorts >༒8448380779 Escort Service

Enjoy Night⚡Call Girls Iffco Chowk Gurgaon >༒8448380779 Escort Service

30042024_First India Newspaper Jaipur.pdf

2024 04 03 AZ GOP LD4 Gen Meeting Minutes FINAL.docx

2024 02 15 AZ GOP LD4 Gen Meeting Minutes_FINAL_20240228.docx

How Europe Underdeveloped Africa_walter.pdf

1971 war india pakistan bangladesh liberation.ppt

Embed-4.pdf lkdiinlajeklhndklheduhuekjdh

AI as Research Assistant: Upscaling Content Analysis to Identify Patterns of ...

Julius Randle's Injury Status: Surgery Not Off the Table

2024 03 13 AZ GOP LD4 Gen Meeting Minutes_FINAL.docx

Peshawar High Court Bar Association Resolution on FATA (May 2014)

Recommended

Recommended

More Related Content

More from fatanews

More from fatanews (20)

Recently uploaded

Recently uploaded (20)