A petition was moved in the Supreme Court on Wednesday for enforcement of fundamental rights of people of Federally Administered Tribal Areas (FATA) on the ground that they have been deprived of invoking the jurisdictions of the apex court or high court for rights. Filing the plea under Article 184 (3) of Constitution, Advocate Kowkab Iqbal made the government through secretaries of Law and Cabinet Division and President of Pakistan as respondents in the matter. Iqbal, who is also president of a non-political body, Human Rights and Welfare Trust, said the body is working for promotion and enforcement of human rights in the country.

He said that FATA has been deprived of approaching the apex court and high court, terming it as a denial of enforcement of human rights in FATA, adding that the tribal areas have been left undeveloped and unattended. The petitioner claimed that Article 247 of the Constitution of Pakistan, 1973 is not only against the basic structure of the Constitution and ultra vires but is also against the spirit and culture of Islam.

Terming such provisions of the Constitution in conflict with the Holy Quran, which is the supreme law and ground norm of Pakistani law, legal system and jurisprudence, he said that people of the FATA have been deprived of their representation at the provincial and local level because neither FATA has been made a province nor merged with the KPK. "There is deadlock among the politicians about the fate of FATA, one group led by Maulana Fazlur Rehman and Mehmood Khan Achakzai intended that FATA should be made a separate province whereas the other group of politicians is interested in merger of the area with the KPK. No referendum is being held to find out the will and voice of the people of the area," the petitioner said.

According to Kowkab Iqbal, Article 247 of the Constitution of Pakistan, 1973 is a black law and a blot on the face of Pakistan and a shame for the parliamentarian and the people. "The people of FATA are also Pakistanis but they have been made like aliens in Pakistan who cannot benefit from the International Charter of Human Rights as well as the Last Sermon (Khutba Haj-tul-Widah) of the Holy Prophet (SAW) and the teachings of the Founder of Pakistan Quaid-e-Azam Muhammad Ali Jinnah," the petitioner submitted.

He said that the matter pertains to enforcement of fundamental human rights and is of public importance and involves the fundamental rights of patriot people of FATA who are looking forward to the government, army and judiciary in term of implementation of their constitutional rights as the apex court is custodian of the rights of the people of Pakistan. Kowkab Iqbal requested the court to issue directions for enforcement of fundamental human rights of FATA and strike down the Article 247 of the Constitution of Pakistan, 1973.

Copyright Business Recorder, 2018