PESHAWAR: Peshawar High Court Chief Justice Dost Mohammad Khan on Wednesday observed that public interest litigations had increased in the superior courts and therefore, it would be appropriate for the government to appoint attorneys general to all high courts to ensure speedy disposal of cases.
He made the observation after deputy attorney general Mohammad Iqbal Mohmand informed him about unavailability of attorney general for Pakistan Munir A Malik for appearance in a case against Frontier Crimes Regulation (FCR) until September.
The attorney general has not been attending the hearing for many months.
At the very outset, lawyer for the petitioner Noor Alam Khan told the two-member bench that during the previous hearing, the bench had issued notice to the attorney general for Pakistan to show up as important constitutional points were involved, but to no avail.
The DAG said attorney general Munir A Malik was busy appearing before the Supreme Court bench No 1 in important cases and therefore, he could show up only after the courts’ summer vacations were over in September.
The bench later adjourned the hearing until Sept 12 directing DAG to ensure that the attorney general be in attendance.
The petitioner, who insists certain FCR provisions are inconsistent with the fundamental rights guaranteed in the Constitution, is a resident of Khyber Agency, Ghufran Kukikhel.
He was convicted by the local political agent on Nov 23, 2011 for trafficking drugs on the recommendations of a tribal jirga formed under FCR.
The petitioner was sentenced to 10 years rigorous imprisonment with a fine of Rs100,000.
The petitioner was charged under the Prohibition (Enforcement of Hadd) Order 1979 read with FCR, whereas he claimed that in presence of Control of Narcotics Substance Act, 1997, he could not be tried under the former law.
During the hearing on Wednesday, the chief justice observed that though the people of Federally Administered Tribal Areas (Fata) were given the right to elect their representatives for the National Assembly, the same elected members had no power to legislate for their areas.
He observed that the issues related to Fata could be solved to a great extent by extending the jurisdiction of the Supreme Court and the Peshawar High Court to the region.
Justice Dost Mohammad observed that the federal and provincial governments had not been fulfilling their responsibilities as the prices of daily use commodities had increased manifold while the holy month of Ramazan was around the corner.
He added that the price review committees had become ineffective and the authorities concerned had failed to check smuggling of important items, including cattle and poultry products, to Afghanistan.
In the petition, Mr Kukikhel has asked whether being a resident of Khyber Agency, he is not citizen of Pakistan; whether fundamental rights mentioned in the Constitution are not available to him; whether he is alien having no rights; and whether the Article 175(3) of the Constitution, which is for separating the judiciary from the executive is not applicable in Fata.
He said the executive authorities in Fata had been performing judicial functions.
The petitioner said in administration of criminal justice, the burden of proof was on the prosecution, whereas under FCR, the burden of proof was on the shoulders of the accused.