PESHAWAR: Law not extended to Pata, court told - Kidnapping for ransom
By Bureau Report
PESHAWAR, June 23: The law dealing with kidnapping for ransom has not been extended to the Provincially Administered Tribal Areas (Pata), a counsel stated before the Peshawar High Court on Tuesday.
The counsel, Main Abdul Fayyaz, argued before a two-member bench comprising Justice Malik Hamid Saeed and Justice Ijaz Afzal, that for extending a law to Pata the provincial governor has to issue special notification, which has yet not been issued despite the passage of more than a decade.
The bench issued notice to the provincial law department and sought clarification whether the law was extended to Pata or not. Mian Abdul Fayyaz was arguing in a criminal appeal filed by Amir Badshah, challenging his conviction by an anti-terrorism court in Malakand (Pata).
The ATC had convicted the appellant under section 365-A of Pakistan Penal Code on May 12, 2003. He was sentenced to life imprisonment. The appellant was charged with kidnapping a boy for ransom.
The appellant's counsel contended that through the Criminal Law (Amendment) Act, 1989, section 365-A was inserted in the Pakistan Penal Code. He added that under Article 247 of the Constitution, the NWFP governor has to issue a notification with the approval of the president for extending a law to Pata. He added that no such notification was issued till date.
Mr Fayyaz argued that the charge framed against the appellant and his conviction was illegal. The bench observed that it would be appropriate to issue notice to the law department for clarifying the situation.
