Fata Lawyers Forum has challenged Article 247 (3) (7) of the Constitution in the Supreme Court of Pakistan seeking its declaration as null and void to guarantee basic fundamental rights in the federally administered tribal areas of the country.
The petitioners Abdul Karim Mahsud advocate, Mohammad Qubais Shinwari advocate, Mumtaz Ali Wazir advocate, Habib-ur-Rehman Afridi advocate, Taj Mahal Afridi advocate, Mohammad Bashir advocate, Khial Mohammad advocate and Abdul Ghaffar advocate have made Federation of Pakistan through President, Islamic Republic of Pakistan, Establishment Division, through Secretary, Government of Pakistan, Ministry of Law and Parliamentary Affairs and Government of Khyber Pakhtunkhwa through Chief Secretary respondents.
The petition has been filed under Articles 184 and 199 of the Constitution for declaring that the provisions of the Article 247 (3) (7) were in direct conflict with the fundamental rights as provided in the chapter-I of the Constitution. Moreover, the same is also against the basic principles of the Constitution as laid down in the objective resolution provided in Article 2-A.
The petitioners have pleaded to the Court for directing the federation of Pakistan/State to grant fundamental rights to the petitioners as people of federally administered tribal areas by making amendment in the Constitution of the Islamic Republic of Pakistan, to omit the impugned provisions in the article 247/ (3) (7) in order to remove its conflict with the fundamental rights provided in the Chapter-I of the constitution.