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Published 09 Dec, 2011 12:15am

Speedy disposal of FCR cases: PHC orders formation of special Fata panel

PESHAWAR, Dec 8: The Peshawar High Court on Thursday directed the Federal Administered Tribal Areas' (Fata) administration to form a task force for speedy disposal of cases against tribesmen detained under the Frontier Crimes Regulation (FCR).

A bench comprising Chief Justice Dost Mohammad Khan and Justice Mian Fasihul Mulk also directed the assistant political agent of Bara tehsil, Khyber Agency, to complete trial of a 13-year-old student over fight against the state within two months.

The bench regretted long delays in disposal of the FCR cases by the administrations of different tribal agencies and ordered speedy completion of the process.

The orders were issued during the hearing into a writ petition filed by a boy, Said Mohammad, whose mother claimed that her son, a student of seventh grade at a private school, was picked up by security forces on his way to the school in March 2010 during an operation against militants.

She said the boy was handed over to tribal administration after detention of several days.

The petitioner's counsel, Arshid Ali Nowsherwi, said when the boy's family learned that the child was detained by tribal administration under the FCR, they filed an application with the relevant authorities to secure his release on bail. The boy was charged under Section 11 of the FCR and Section 121 (waging or abetting waging of war against Pakistan) and Section 122 (collecting arms with intention to wage war) of the Pakistan Penal Code.

Mr Nowsherwi further said when the administration failed to decide about bail, he filed an application with the commissioner FCR, who asked the administration to make a decision about the plea within two days and complete the trial within 15 days.

The lawyer said the administration's failure to comply with the instructions prompted him to move the high court for relief. He said the administration claimed that since one of his brothers was required to the administration, the petitioner was taken into custody. He questioned how a boy could be penalised for the alleged wrongdoings of his brother.

Iqbal Durrani, counsel for the administration, said the charge sheet against the petitioner had already been submitted to the court, where his trial was underway. He opposed the grant of bail to the petitioner, saying the trial was near completion.

Assistant political agent, Khyber Agency, Rehan Khattak, who also showed up, told the court that the boy belonged to a family most of whose members were anti-social elements. He added that the boy was charged in a criminal case.

Mr Nowsherwi claimed that the petitioner was a minor and had never been involved in criminal activities. The bench observed that mostly in cases of suicide bombings, teenagers like the child in question had been used.

The boy's counsel said innocent children couldn't be detained simply on the ground that they're used in bombings.

Meanwhile, the bench also disposed of a writ petition filed by a tribal elder, Said Karim, challenging his detention under the FCR following convicting by the administration in another case. The petitioner is stated to be around 70.

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