The Frontier Crimes Regulation (FCR) is widely believed to be a black law, but it still continues to be the prime law governing the tribal agencies.

While the colonial rulers who created FCR had left this land over 67 years ago, the successive rulers, both military and civilian, considered it an important legal instrument for ruling the tribal people.

The powers which could be exercised under this pro-bureaucracy law by the administrative officers in tribal areas are unmatched.

The powers of a political agent under the provisions related to “territorial” and “collective” responsibilities of the tribal people still persist in this age of technology and advancement when fundamental rights are considered inviolable.

The bar on jurisdiction of superior courts in Federally Administered Tribal Areas (Fata) has aggravated the situation for the tribal people who are being treated as inferior human beings to that of the rest of the country.

The recent steps taken by the Kurram Agency administration, apparently to pressurise the local population protesting on certain issues in the agency, speaks of how the FCR provisions could be used in unbridled manner.

Over a week ago the political agent of the agency issued an order under Section 21 of FCR, dealing with collective responsibility, directing that properties of the inhabitants of Parachinar in settled areas should be sealed. Following this the administrations in different areas have sealed properties, including an imambargah and a community centre.

The authorities have also sealed Pak Hotel, a multi-storey building situated in Kocha Risaldar at Qissa Khwani bazaar. Pak Hotel is a multi-purpose building serving several purposes of people belonging to Shia sect. On one of its floor an imambargah is situated and on the ground flour is a community centre. Whenever a member of this sect hailing from Kurram Agency expires in Peshawar the body is brought to the premises for last rituals following which it is transported to the agency.

After sealing of this building members of the sect have been facing problems. The same building was twice targeted by terrorists through suicide bombers and dozens of people were killed. Similarly, several shops in the area have also been sealed. Another building, Alamdar Hotel, has been sealed in Hangu district on route to Kurram Agency.

Inhabitants of Parachinar had started a sit-in from Eid day against arrest of 30 elders who had been in prison under FCR for last seven months.

The sit-in continued for around three weeks. They were protesting against expulsion of a khateeb from Kurram Agency on charges of creating unrest among local population. To pressurise those protesters the administration resorted to the extreme step of sealing properties in settled areas.

Even political figures when appointed as governor of Khyber Pakhtunkhwa, who served as agent of the President for tribal areas, could not take any step to end the injustices perpetrated by the tribal administration under FCR.

In April 2014, Sardar Mehtab Ahmad Khan, a key leader of PML-N, was appointed governor.

It was widely believed that his appointment would prove to be a fresh breath of air for Fata inhabitants. Sardar Mehtab had remained a political prisoner during the military rule of General Pervez Musharraf.

He had seen the rigours of Attock Fort and the lock-up of National Accountability Bureau, but that could not deter his resolve and he remained loyal to his party. He is more aware of the importance of the rights guaranteed in the Constitution, including safety to life and liberty, freedom of expression, movement, trade and profession.

However, an impression has now been emerging among tribal people that the same excesses had been carried out by the tribal administration in different areas which were considered their hallmark.

While the previous PPP government in the centre was taking credit of certain reforms in FCR in 2011, but time proved that those changes in the law were cosmetic in nature.

Through those amendments the government had strengthened the office of the political agent. Prior to those amendments there was no mention of the political agent (PA) or the assistant political agent (APA) in FCR. Following the enforcement of FCR the colonial rulers and subsequently the Pakistani government had on different occasions issued notifications through which powers of deputy commissioner and district magistrate were delegated to the PAs and APAs.

In the 2011 amendments a section was included in FCR through which the words “deputy commissioner” and “district magistrate” had been substituted with the words “political agent” or “district coordination officer” (related to Frontier Regions) or “assistant political agent”, as the case may be.

Legal experts believe that this amendment is in clear violation of Article 175 of the Constitution which guarantees separation of executive from the judiciary.

Similarly, the powers of the political agent had also been enhanced under the most notorious Section 21 of FCR, dealing with collective responsibility of a tribe, or group of people. Previously, the political agent, in his capacity as deputy commissioner, could exercise these powers with the previous sanction of commissioner, but now he could directly invoke the said section. Only few restrictions were placed on PA as three categories of persons have been excluded from arrest under the section.

These include women, children below 16 years of age and elders over 65 years.

President of Fata Lawyers Forum, Ijaz Khan Mohmand, said that recently Senator Farhatullah Babar had tabled a bill in the Senate for making amendments to the Constitution for extending jurisdiction of superior courts to Fata and bringing other reforms.

“The lawmakers from tribal areas as well as rest of the country should support this amendment as Pakistan could not be called a civilised country if it continued with such atrocious constitutional provisions as well as laws like FCR,” he maintained.

Published in Dawn, September 8th, 2014