PESHAWAR: The Peshawar High Court on Wednesday directed the Cabinet Division and Planning Commission to respond to a petition against the formation of a steering committee by the federal government to oversee its development funds for tribal districts (previously Fata).

A bench consisting of Justice Ishtiaq Ibrahim and Justice Shakeel Ahmad issued the directions after preliminary hearing into the petition of six former MPAs of the Pakistan Tehreek-i-Insaf (PTI), who requested the court to declare that the Jan 3 notification by the Planning Commission is against the spirit of Article 129 of the Constitution and the Constitution (Twenty-Fifth Amendment) Act, 2018, through which Fata was merged with Khyber Pakhtunkhwa.

The next date of hearing will be fixed later.

Former MPAs Syed Ghazi Ghazan Jamal, Shaifiq Afridi, Anwarzeb, Ajmal Khan, Said Iqbal Mian and Naseerullah Khan, all from tribal districts, jointly filed the petition seeking a pronouncement by the court that the executive authority of the province is vested in the provincial government and that it can’t be exercised by the federal government in respect of tribal districts.

Ex-lawmakers say formation of steering committee against principle of autonomy

They also requested the court to issue directions for the allocation and utilisation of the share of Fata as per the March 2, 2017,decision of the federal cabinet in tribal districts only through the provincial government.

The petitioners also sought an interim relief through the suspension of the impugned notification until the disposal of the petition.

The respondents in the petition are the federal government through the secretary of the Cabinet Division, Planning Commission through its secretary, the steering committee through its secretary, secretary of the Finance Division, National Finance Commission and National Economic Council through respective secretaries, KP government through its chief secretary, and provincial finance secretary.

Counsel for the petitioners Ali Gohar Durrani contended that the impugned notification brought contempt and ridicule to the office of the KP governor being made a member of the steering committee and then to work under a deputy chairman of the Planning Commission.

He said the notification declared that 80 per cent of the Accelerated Integrated Programme funds would be channeled through the steering committee with the responsibility to identify development needs and recommend schemes in tribal districts for execution by the respective federal agency.

The lawyer said parliament passed the 25th Constitutional Amendment in May 2018 before the provincial assembly approved it leading to the merger of Fata with the province.

He contended that the share for tribal districts as per the NFC Award had yet not been “materialised.”

“Out of nowhere, the impugned notification was issued by the Planning Commission for the steering committee,” he said.

The counsel said the steering committee with nine members led by the deputy chairman of the Planning Commission, had the KP governor as a member, who was to work under the deputy chairman, and for all intents and purposes had outdone the 25th Constitutional Amendment.

He contended that the notification had made the federal government through the steering committee an executive above executive within the province for execution of schemes which was wholly the domain of the provincial government for the people of tribal districts.

The lawyer argued that the formation of the steering committee was offensive to the principle of provincial autonomy, which was the cornerstone of the constitutional dispensation.

Published in Dawn, February 2nd, 2023