ISLAMABAD:
The top court on Wednesday raised a question over the extension of military courts’ jurisdiction in the Federally Administered Tribal Areas (Fata) without the issuance of a presidential order, according to reports.
During the hearing of the 18th and 21st Constitutional Amendment case, Supreme Court (SC) judge Dost Muhammad Khan asked whether parliament, through a constitutional amendment, could extend the jurisdiction of military courts to Fata in view of Article 247(6) of the Constitution.
“The president may, at any time, by order, direct that the whole or any part of a tribal area shall cease to be tribal area, and such order may contain such incidental and consequential provisions as appear to the president to be necessary and proper,” says the Article.
During the hearing, the Pakistan Bar Council (PBC) attorney Ibrar Hassan argued that instead of striking down the amendment the court should find out the via media solution.
