Despite the passage of around four months since President Asif Ali Zardari approved amendments in the Frontier Crimes Regulations (FCR), the government has failed to establish institutional mechanism for implementing the law in the Federally Administered Tribal Areas (FATA), and the delay has become a source of anguish for FATA dwellers and parliamentarians.
On August 12, President Asif Ali Zardari signed two orders that set into motion the far reaching administrative, judicial and political reforms in the Tribal Areas.
The two orders signed by President Asif Ali Zardari were Amendments in the Frontier Crimes Regulation (2011) and Extension of the Political Parties Order 2002 to the Tribal Areas.
Under FRC reforms, the government had to establish Appellate Authority and FATA Tribunal having powers to reverse orders/judgments of political agents, but none have been established so far.
Zafar Beg Bhittani, MNA from FATA, said the delay “in implementation of everything has become hallmark of the government … even powers have not been devolved to provinces as passed under 18th Amendment”.
According to the amended FCR, appeals will lie before Appellate Authority comprising commissioner and a dedicated additional commissioner (judicial) to be notified by the governor. The reforms also envisage setting of a FATA Tribunal headed by chairman and two members of whom one shall be a person who has been civil servant of not less than BPS-20, having experience of tribal administration and other a person qualified to be appointed as a judge of a high court and well conversant with Rewaj.
The FATA Tribunal shall exercise power of revision against political agents and judgments of Appellate Authority and shall have powers similar to high court under Article 199.
According to the amendments and contrary to past practice, an accused shall have right to bail and it will be mandatory to produce him before the concerned authority within 24 hours of arrest.
Under new FCR law, cases will now be disposed of in a fixed timeframe and checks placed on arbitrary power of arrest under the notorious Section 40A of the FCR.
Muhammad Sajid Turi, chairman of the Standing Committee on States and Frontier Regions (SAFRON), told Pakistan Today that the previous version of FCR was being followed in FATA.
He said the courts, which had to be established after the amendments, had not been set up. Asked about the possible obstacles to new FCR’s implementation, Turi said the unrest in the Tribal Areas could be a main problem.
