Qasim Tribe royalty case; SC asks where pending cases would go

The Supreme Court on Monday questioned as to where the pending cases before FCR and Tribunal would go after the 25th Amendment and issued notice to the Attorney General for Pakistan and the Advocate General Khyber Pakhtunkhwa.

A three-judge bench, headed by Justice Umar Ata Bandial, heard the royalty case of Qasim Khel Tribe. The court noted as after 25th Amendment FCR and FATA Tribunal have been abolished; therefore, where the pending cases before FCR and Tribunal will go now.

The court inquired whether any law is made to provide judicial forum to the victims of the FATA. The AGP, AG KPK and Babar Awan Advocate have been directed to assist the court regarding the matter.

Babar Awan, representing the FATA victims, argued that in FATA, the coal company had to pay royalty to Qasim Khel tribe. However, after a murder incident, the company refused to pay the royalty. He said political agent and the FATA Tribunal had passed verdicts in favor of the affectees.

However, the Peshawar High Court after hearing the matter remanded the case to the tribunal. He argued that as after the 25th constitutional amendment both the judicial forums have been abolished; therefore, how the high court could remand the matter to them.

Babar Awan said the 25th Amendment is silent about the Political Agent and FATA Tribunal. He said the High Court should have passed an order about the royalty issue instead of remanding it to the Tribunal.

The case was adjourned for an indefinite period.

Meanwhile, a three-judge bench headed by Justice Mushir Alam directed Attorney General for Pakistan, Advocate General KPK and Secretary Defence to file reply regarding setting of cement factory by FWO in Haripur.

A lawyer of three villages where cement factory would be established informed the bench that residents are being forced to vacate the land. He said thousands of trees will be cut if the factory is established in Haripur and it would affect three villages' environment.

Justice Mushir Alam observed that acquiring land is the job of Ministry of Defense and not of FWO. Therefore, the federal government through Ministry of Defence was ordered to file reply.