PESHAWAR, Feb 2: The Peshawar High Court on Friday suspended an order of the administration of the Kohat Frontier Region and stayed the arrest of a petitioner by the tribal authorities under the Frontier Crimes Regulation.
A bench of the court, comprising Justice Saleem Khan and Justice Jehanzeb Raheem, summoned for appearance the naib tehsildar of Dara Adamkhel, who had issued a notice to the petitioner.
The petition was filed by Khana Jan of the Adezai area, Mathani police station jurisdiction. He claimed that on Jan 21, the naib tehsildar called him to his office in Dara Adamkhel. He said he was told by authorities that he would be arrested because he was required in a case. He denied that he was involved in any criminal case and said the authorities of the tribal area had no powers to arrest him.
Justice Saleem Khan observed that the authorities were overstepping their powers under the FCR. The bench observed that the tribal administration could not arrest a resident of a settled area under the FCR in such a manner.
The bench maintained that officers in the tribal areas were not familiar with the law due to which they had constantly been violating it. It further said legal complications emerged because the officials did not know of the law.
The petitioner’s counsel contended that his client had earlier been charged in a case, but he had been acquitted in that case. However, he said the administration wanted to re-arrest him.
He argued that there was a set procedure given under the Criminal Procedure Code for arresting a person in a settled area under the FCR. He contended that the notice issued by the naib tehsildar was in violation of articles 4 and 25 of the Constitution.
He prayed the court to set aside the impugned notice and restrain the authorities from arresting the petitioner.
