ISLAMABAD, Nov 29: Federal Minister for Law and Justice Wasi Zafar told the upper house on Monday that the government was reviewing the Frontier Crimes Regulation (FCR) in consultation with tribal elders.

The minister was responding to speeches made by senators while speaking on a resolution moved by People's Party Parliamentarians Senator Farhatullah Babar, demanding that the FCR as administered in tribal areas be reviewed forthwith.

Though several treasury and opposition members criticized the FCR and spoke in favour of the resolution, the law minister opposed it, saying the government had already initiated consultations with tribal people as no amendment could be made to the law without the consent of the local people.

He said the government had not imposed any law on the tribal people who lived their lives according to their culture. He said as soon as the government received recommendations of the tribal people, an amendment would be moved in parliament.

Earlier, speaking in favour of the resolution, Mr Babar described the FCR as a black law and contrary to the Constitution and international human rights conventions. He said the FCR did not even fulfil the basic requirements of the system of justice.

The PPP senator said under Article 1 of the Constitution Fata was a part of Pakistan and, therefore, no law could be allowed to operate in tribal areas, which was inconsistent with the human rights of the people.

He regretted that according to a report, 17 children between ages two and nine were languishing in various jails of the NWFP as they had been awarded punishment under the FCR. He said perhaps Pakistan was the only country where houses were demolished under the said law as punishment.

Moreover, Mr Babar said, provisions of the FCR were violative of several articles of the Constitution. He said it was against Article 4 (right of individual to be dealt with in accordance with the law), Article 13 (protection against double jeopardy), Article 14 (inviolability of dignity of man, prohibition of torture for the purpose of extracting evidence), Article 24 (protection of property rights) and Article 25 (equality of citizens).

Awami National Party Senator Asfandyar Wali supported the resolution and said the political agents and their deputies had been given wide powers under the FCR. He said the law had been misused on several occasions. The ANP senator said women and children were detained during raids on houses under the FCR in the Waziristan Agency.

Citing an example, he said, on one occasion the administration demolished 60 shops in a market only because a landmine was discovered in front of it. He said there was no logic in demolishing the house of a criminal as there was no fault of his children and other family members.

Dr Abdullah Riar of the PPP said amendments to the law should be made only after consultation with the elected representatives of tribal areas. A treasury senator Naeem Hussain Chattha demanded that Fata should be given the status of a province.

Prof Ibrahim of the Muttahida Majlis-i-Amal criticized the FCR and termed it discriminatory as it was mentioned in the law that 'it was applicable on Pathans and Balochs'. Another MMA senator Prof Ghafoor Ahmed said the law was framed by the British rulers some 100 years ago but it was never misused by them. However, he said, the FCR had been extensively misused in the last five years.

Muhim Khan Baloch, Raza Mohammad Raza and Ajmal Khan also spoke in favour of the resolution. Later, the house unanimously adopted an amended resolution which stated: "This house has taken note of the assurance given by the law minister that the FCR as administered in tribal areas is being reviewed and it calls upon the government to do so expeditiously after normal consultation and procedure."

The Senate also unanimously passed a resolution of Chaudhry Anwar Bhinder, which made it binding upon all secretaries of the federal ministries and institutions under the control of the federal government to respond to every letter, representation or a note sent by a member of parliament to them within 21 days.

Through another resolution of PPP Senator Raza Rabbani, the Senate resolved that no banner, hoarding or display of any kind by any individual/ persons / institutions, whether government or private, shall be affixed on the parliament building, parliament lodges and their outer parameters, except during the visit of a head of state or head of government and on the occasions of August 14 and March 23.