Peshawar High Court on Monday announced its decision regarding court's jurisdiction in FATA, declaring that FATA does not come under court's jurisdiction. A five-member larger bench of Peshawar High court sent a reference regarding Fata's status to parliament and recommended an amendment to the constitution with a view to extending court's jurisdiction to Fata.
Peshawar High Court on Friday reserved its judgement in a case about its jurisdiction in tribal areas over matters related to illegal detentions and government servants. The court formulated several questions including whether it has jurisdiction regarding federal and provincial employees working in Fata on deputation; whether it has jurisdiction in cases of federal employees working against key posts in Fata; and whether it has jurisdiction to entertain cases of employees recruited in Fata.
The court also asked whether it has jurisdiction to entertain cases of illegal detentions by officers in Fata; whether it has jurisdiction to look into decisions made by the Fata tribunal in civil and criminal cases, whether it can exercise powers if a cause of action arises/occurs in a settled area but proceedings carried out by political authority in tribal areas, and whether it can exercise jurisdiction in contractual obligations arising between government functionaries of Fata and private persons.