The government Friday introduced a bill in the National Assembly to extend jurisdiction of the Supreme Court and Islamabad High Court to the Federally Administered Tribal Areas (FATA) amid opposition from one of its allied parties, Pakhtunkhwa Milli Awami Party. Apparently infuriated by the introduction of the bill, the government ally Mahmood Khan Achakzai pointed out the quorum and Speaker was left with no option but to adjourn proceedings of the House till Monday.
Achakzai warned the government to point out the quorum as soon as Law Minister Zahid Hamid rose from his seat to table the bill. "If the bill is tabled in the house, I'll point out the quorum," he said. The federal cabinet cleared the bill for introduction in the Parliament during its meeting on Tuesday last. The bill is aimed at bringing the people of FATA into the mainstream in accordance with their wishes and aspirations, and it is necessary that the jurisdiction of the Supreme Court and Islamabad High Court should be extended to such areas for safeguarding their rights and providing them proper administration of justice in accordance with the Constitution.
According to the "Supreme Court and High Court (extension of jurisdiction to Federally Administered Tribal Areas) Bill, 2017," it shall come into force on such date or dates in such Federally Administered Tribal Areas are; thereof, as the federal government may, by notification in the official Gazette, determine from time to time.
The bill said that the Supreme Court of Pakistan shall have, in relation to the FATA, the same jurisdiction as it has in relation to the Islamabad Capital Territory. It said that the Islamabad High Court shall have, in relation to the FATA, the same jurisdiction as it has in relation to the Islamabad Capital Territory.
On May 15 this year, the government introduced 'Tribal Areas Rewaj Bill, 2017' in the National Assembly, which focuses on the introduction of a legal system to provide for retaining the Rewaj in accordance with the aspirations of the tribal people while safeguarding their fundamental rights. The bill envisages that certain amendments may be incorporated in CrPC and CPC for customization and shaping it to incorporate the traditional Jirga System for adjudication in the FATA, thereby, determining the roles and fixing responsibilities between the executive and judicial officers.
The bill was referred to a relevant standing committee of the House, but has not been discussed so far due to resistance of the government allied parties; Jamiat Ulma-e-Islam (Fazl) and Pakhtunkhwa Milli Awami Party. The process of introducing legal reforms in the tribal areas has apparently been fast-tracked following a meeting of the National Committee on the Implementation on FATA Reforms on September 8 that was headed by Prime Minister Shahid Khaqan Abbasi. To ensure speedy implementation of the reforms package, the government has also included Chief of Army Staff, Corp Commander Peshawar and Chief Minister Khyber Pakhtunkhwa in the committee.
The federal cabinet on March 2 last approved to mainstream FATA in five years in consultation with different stakeholders of the area. The cabinet also recommended that National Finance Commission (NFC) be requested to consider making an allocation of three percent of the gross federal divisible pool on annual basis for the implementation of FATA Development Plan.