PESHAWAR: The Supreme Court on Monday directed the Khyber Pakhtunkhwa government to submit a written response to its appeal against Peshawar High Courts’ verdict against the Fata Interim governance Regulations.
The high court had declared the Fata Interim governance Regulation null and void as it was found in violation of the constitution. The KP government then filed an appeal in the Supreme Court asking the court to set aside the verdict.
During the Monday hearing Advocate General Khyber Pakhtunkhwa, Abdul Latif Yousafzai appeared by the five-judge bench headed by Justice Mian Saqib Nisar. Justice Nisar asked advocate general about the regulations for erstwhile Federal administrated tribal areas and the provincial administered tribal areas.
The Advocate general responded that the Peshawar high court has declared the FATA interim regulation unconstitutional and given one month time to the KP government to extend the regular courts to the newly-merged tribal districts.
The chief justice remarked that the court can grant the provincial government six months for regulations but the government should first submit its written response regarding their plans for legal regulations for the newly-merged tribal areas. The bench in previous hearing has also ordered the KP government to submit a written response.
The bench then adjourned the case for Tuesday and directed the advocate general to submit a response.
The Federal government after the passage of 25th amendment for the abolishing of article 247 from the constitution and merger of the tribal areas with the Khyber Pakhtunkhwa has enforced the FATA interim regulations to fill the legal vacuum in the area.
However, it was challenged in the court by Advocate Ali Azim Afridi on the ground that judicial powers have been given to the deputy commissioner to exercise. Which the lawyer believes is a violation of the constitutional provisions of separation of power among the three organs-executive, legislative and judiciary. On October 30, the Chief Justice of Peshawar high court allowed his petition and declared the Fata Interim regulation illegal.
The court also directed the KP government to arrange for regular courts for tribal areas within a month. However, KP government challenged the verdict in Supreme Court which issued a stay order on the judgment.
The case is adjourned till Tuesday with the directive to submit a writ response.