PESHAWAR, Dec 24: Three inhabitants of the Kurram tribal region have challenged before the Peshawar High Court the powers of political agent in awarding “excessive” sentences in criminal cases contrary to the provisions of the Code of Criminal Procedure.

The petitioners Tariq Shah, Hakim Khan and Shahzal Khan have filed a writ petition in the high court requesting to declare as illegal the order of the concerned political agent of awarding them prison terms which had to run consecutively instead of concurrently.

The petition was filed through Advocate Shah Nawaz Khan. The respondents in the petition are: the state; home and tribal affairs department, government of NWFP through its secretary; political agent Kurram Agency; and superintendent of Central Prison Bannu.

The petitioners were arrested in connection with a murder and attempt on life of some co-villagers in 2001 and stood arraigned before the political agent.

The case was registered under sections 302/307 of Pakistan Penal Code with section 11 of Frontier Crimes Regulations (FCR).

Under the FCR, the petitioners stated, the matter was referred to a jirga, which recommended 14 years imprisonments and fine of Rs100,000 each for the deceased persons and Rs50,000 for the injured person.

However, the political agent convicted the petitioners, besides others, to 14 years imprisonment on three counts each under section 302 PPC and increased the fine to Rs500,000 and also convicted them under section 307 PPC and sentenced them to 10 years imprisonment and were ordered to pay Rs50,000 each to the two injured or in default to suffer 5 years imprisonment more. The sentences were ordered to run consecutively, which meant they have to undergo a total of 52 years imprisonment.

The petitioners filed appeal to commissioner FCR which remanded the case back to the political agent on April 2, 2002. The complainant party moved a revision petition before the FCR Tribunal which recalled the order of commissioner FCR and maintained the order of the political agent.

The petitioners have presently been undergoing their sentences at Bannu Central Prison.

The petitioner claimed that one of the co-accused, Mohammad Umar, had earlier filed a petition from prison questioning order of the consecutive sentences and quantum as sentence well, which was allowed by the high court on Dec 4, 2008. His sentence was reduced to 14 years including in default of payment of fine.

They contended that the political agent had overstepped his powers by ordering that their sentences should run consecutively.

The petitioners stated that being co-accused of the same case they were entitled to same treatment in reduction of imprisonment, but the benefit of the high court’s order had not been extended to them.

It is added that the high court had already held that the sentences awarded to co-accused, Muhammad Umar, beyond fourteen years were unwarranted under the law and jail authorities were directed to check their record and if the co-accused have undergone 14 years imprisonment including the imprisonment in lieu of fine and special remission if applicable, the co-accused be set free forthwith if not required in any other case.