31 October 2004	Sunday	16 Ramazan 1425

PESHAWAR, Oct 30: The Commissioner of Frontier Crimes Regulation (FCR), Jalat Khan, on Saturday ruled that civil disputes could not be decided by the political authorities on the basis of shariat in the tribal areas.

The commissioner set aside a judgment of the assistant political agent (APA), Landi Kotal (Khyber Agency) in a civil dispute and remanded the case back to the APA court.

The commissioner directed that the dispute between the two parties should be resolved under the mechanism given in the FCR.

Mr Khan observed that the procedural law in the Federally Administered Tribal Areas (Fata) was the Frontier Crimes Regulation, hence the decision by the APA in the light of shariat was illegal.

Due to a constitutional bar the superior courts could not exercise any jurisdiction in the Fata. Under the FCR, the Commissioner of FCR hears appeals originating from the orders of the political administration. An FCR tribunal comprising the provincial home and law secretaries hear revision petitions against orders of the commissioner.

According to facts of the case, two parties had a dispute over a piece of land measuring 29 kanals. One of the party comprising Nasim Akbar, Tehseenullah and others claimed that the said land belonged to them, where as its possession was with the second party comprising Karamatullah, Mohammad Ibrahim and Irfanullah.

Karamatullah and others brought a decree from Mufti Syed Qammar of Darul Uloom-i-Sarhad, stating that the claim of Nasim Akbar was not in accordance with shariat as his claim was time- barred.

The APA on May 26 accepted the said decree and dismissed the claim of Nasim Akbar.

Nasim Akbar and others filed an appeal before the commissioner FCR. Advocate Iqbal Khan Mohmand appeared for the appellants and contended that under the FCR the APA had to refer the matter to a jirga and then pronounce an order in the light o the findings of the jirga.

He added that the APA violated the FCR by accepting the said decree.

Mr Mohmand argued that shariat laws were not extended to the Fata and hence the APA had no authority to decide a matter in accordance with shariat.