PESHAWAR: The Peshawar High Court (PHC) on Tuesday put the assistant commissioner Bara on notice for exercising judicial powers, despite the annulment of FATA Interim regulations by the high court.
The order was issued by a single judge bench of Justice Abdul Shakoor while hearing the petition filed by Amin Gul, a resident of Bara through his lawyer Shakirullah Afridi.
He told the court that he has a dispute over a piece of land with his villager, Sada’at. Gul added that the case was brought to the office of the Assistant commissioner, Bara who has issued notice to both the parties, and now ordered the constitution of council of elders to resolve the dispute.
The petitioner told the court that it is beyond the legal powers and authority of the AC to exercise such powers after the FATA merger with KP and annulment of Fata interim regulations.
“It is a judicial matter. So it is beyond the powers and authority of district administration,” his lawyer, Shakir Ullah argued in the court.
The lawyer told the court that the federal government through 25th constitutional amendment to the constitution has repealed the frontier Crime Regulation Act.
But to fill the legal vacuum, the Fata interim regulations were introduced under which the commissioners could exercise some judicial powers. However, the high court on October 30, has declared the regulations illegal and against the constitution.
The lawyer added that his client has filed the case with the high court as the Assistant commissioner is bent upon using judicial powers and is now handing the property dispute to council of elders. He said that if the tribal areas have been merged with KP in real sense, his dispute should be heard by the judiciary.
“The high court has already declared the exercise of judicial powers by commissioner of the tribal areas illegal and against the constitution,” the lawyer argued. “Therefore, the action of the assistant commissioner is illegal, unlawful and without any authority.”
As an interim relief the petitioner asked the court to restrain the assistant commissioner from exercising judicial powers. He also asked to restrained him from interfering in his property depute till the final judgment in this petition.
The court accepted both of his interim prayers and directed the assistant commissioner, Bara to submit reply in the petition till next hearing of the case.