Tribal agencies representatives have challenged the legality of Fata Reforms Committee 2016 recommendations in the Supreme Court, claiming that majority of the people in tribal areas are against FATA’s merger with Khyber-Pakhtunkhwa.
The federal cabinet earlier approved in principle recommendations of the FATA reforms committee, which includes the merger of the tribal areas with K-P and repeal of the Frontier Crimes Regulation (FCR).
The petitioners submitted that constitutional provisions bar the premier from taking decisions regarding FATA. They claimed that the constitution of the reforms committee, holding of consultation meetings with people in region, preparation of a report by the committee and recommendations are eyewash to circumvent the mandatory requirement of holding of a tribal jirga as provided in Article 247(6).
“It amounts to a futile attempt to portray the so-called meetings with stakeholders as an exercise to seek opinion of public in tribal areas in order to satisfy rather circumvent a mandatory constitutional requirement and to present its findings as an expression of the real and genuine wishes of tribesmen,” the petitioners claimed, adding that the assertion that majority of people in tribal areas are in support of the merger with K-P is absolutely baseless and false.
They contended that those speakers whose names have been mentioned in the Fata reforms report and wherein an impression has been given on their behalf that they had expressed support for merger have denied these claims. The petitioners submitted that the impugned notification of the constitution of FATA Reforms Committee issued by the prime minister is illegal and thereby void as per Article 247.
They prayed the apex court to direct authorities concerned to constitute a new committee for proposing reforms in Fata by the order of the president of Pakistan in accordance with Article 247 of the Constitution with a reasonable representation from FATA.