WHY IN DIFFERENT COLOUR? People in federally administered tribal area (FATA) may get rid of 100 years old colonial law known as federal crime regulation (FCR) which goes against even the basic human rights. This FCR was enacted by British in 1901 when Pakistan was under the colonial regime of UK. This regulation is still in vogue in FATA and is regarded as the most draconian law ever existed in Pakistan. It empowers the authorities to arrest and detain people without even formal charges framed against him or her. It also authorizes police and other so-called law enforcing agencies to exercise unlimited and unbridled powers with regard to awarding punishments to the subjects. It is, in a way, a medieval law which no modern society can afford to keep in vogue.
Tribal areas were considered problematic spots for the British government, the colonizers; therefore by enacting this draconian law, they sought to tame the tribes who were very violent, aggressive, tradition ridden and untamable. Thus this is a remnant and vestige of the erstwhile British Empire which the present day government is carrying forward till date.
FATA is a centrally administered area which has come into being under Article 247 of Constitution of Islamic Republic of Pakistan and is administered by Federal government. It is like Union Territories in India which is governed through Lt. Governors, who are agents of President of the country.
President Asif Ali Zardari while addressing the Nation on the eve of Pakistan’s 63rd Independence Day on 14th August announced that FCR would be done away with and common law of land would be invoked in FATA. It is worth mentioning here that due to special status of FATA, neither the Supreme Court nor the High court has any jurisdiction in this area and the judiciary is still based on old religious and tribal traditional institutions.
Many people feel that due to such situation and vestigial institutions present in Pakistan, the Jehadi elements, Islamic fundamentalists and Taliban have grown. The death of Baitullah Mehsud and subsequent internecine warfare in the FATA and especially in South Waziristan has given Pakistan congenial environment and right opportunity to prevail in the area and take some corrective measures. The announcement to repeal FCR is being seen in this context also. What ever may be reason, it is a belated welcome step in right direction. Pakistan must create and build modern democratic institutions so that the fertility of Pakistani soils for growth of Terrorism and fundamentalism is diminished if not totally destroyed.
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