President signs FATA reforms Bill

Pakistan

President signs FATA reforms Bill

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President signed two orders regarding judicial and political reforms in the tribal areas.

12 August,2011 09:12 pm

The two orders signed by the president were Amendments in the FCR (2011) and Extension of the Political Parties Order 2002 to the Tribal Areas.Lauding the people of tribal areas President Asif Ali Zardari said that they have been governed by a hundred years old obsolete system of administration of justice that did not allow their creative potential to come into full play. He said that the law had been changed in accordance with the aspirations of the people and democratic principles while respecting local customs and traditions.Talking to the media explaining the salient features of the reforms package, Spokesperson Farhatullah Babar said that contrary to past practice an accused shall have right to bail and it will be mandatory to produce him before the concerned authority within 24 hours of arrest.He said women, children below 16 and those aged above 65 shall not be arrested or detained under Collective Responsibility. He said amendments have been announced in the FCR after 110 years at it was first announced in 1901 and under the reformed FCR, the women and children would be exempted from territorial responsibility. He said that henceforth the whole tribe will not be arrested under the Collective Responsibility clause. Step-wise action will be taken - first immediate male members of family followed by sub-tribe and then by other sections of the tribe, he said.Cases will now be disposed of in a fixed timeframe and checks placed on arbitrary power of arrest under the notorious Section 40A of the FCR. Appeals will lie before Appellate Authority comprising of Commissioner and a dedicated Additional Commissioner (Judicial) to be notified by the Governor. The reforms envisage setting of a FATA Tribunal headed by Chairman and two other members out of whom one shall be a person who has been civil servant of not less than BPS 20 having experience of Tribal Administration and other member shall be a person qualified to be appointed as Judge of High Court well conversant with Rewaj.The FATA Tribunal shall exercise power of revision against orders/judgments of Appellate Authority and shall have powers similar to High Court under Article 199 of the Constitution.A new section has been added providing for action for false prosecution in civil and criminal matters. Under it the defendant will be entitled to adequate compensation in criminal matters and compensatory costs in civil matters. He said that no person shall be deprived of his property without adequate compensation as per prevailing market value in accordance with the procedure laid down in the Land Acquisition Act, 1894 procedure in settled areas.For the first time the funds at the disposal of the Political Agent shall be audited by Auditor General of Pakistan, the Spokesperson said. Section 58A has been added to make provision for jail inspections by FATA Tribunal, Appellate Authority and Political Agent. Rules will be framed for regulating the Agency Welfare Fund.Prime Minister Yousaf Raza Gilani, Chairman of Senate Farooq H Naek, Speaker of the National Assembly Dr. Fehmida Mirza, KPK Governor Massod Kausar and Chief Minister Ameer Haider Khan Hoti, federal ministers and a number of representatives from FATA were also present on the occasion.