PESHAWAR: The Fata tribunal on Thursday ordered the Khyber Agency administration for the fourth time to produce the relevant record in a case against the upholding of Dr Shakil Afridi’s conviction for links with militants by the Frontier Crimes Regulation commissioner’s appellate forum.

The tribunal with Shah Wali Khan as head and Pir Fida and Akbar Khan as members observed that despite repeated notices, the record had not been submitted to it.

It adjourned hearing to Oct 23 asking the Khyber Agency administration to produce the record of Dr Afridi’s trial and appeal against conviction before that.

The tribunal observed that it would be last chance for the administration failing which it would issue appropriate orders.

The commissioner FCR had on Mar 15 uphold the conviction of Dr Afridi, who is also suspected of helping the American CIA in tracking down Osama bin Laden through a fake vaccination campaign, but had reduced the sentence awarded to him by the court of APA from 33 years to 23 years imprisonment and fine from Rs320,000 to Rs220,000.

The tribunal also adjourned hearing of a petition filed by the tribal administration of Khyber Agency challenging the decision of the commissioner regarding reduction in the sentence of Dr Afridi and requesting the tribunal to restore the earlier sentence.

On Thursday when the tribunal began proceedings, it was informed that the record had yet not been produced by the administration.

Qamar Nadeem Afridi, lawyer for Dr Afridi, said the case had been delayed due to non-production of the record.

Against the verdict of the commissioner, Dr Afridi has filed the revision petition before Fata tribunal, which is the third and final judicial forum provided under the FCR.

The petitioner said the commissioner had ignored several facts while upholding the conviction of the petitioner.

He added that he was denied the right to fair trial and was convicted by the APA on flimsy grounds.

The petitioner said earlier, the FCR commissioner was sent back the case by the tribunal for clarifying certain points, but instead of clarifying those points the commissioner upheld the decision of the APA.

Dr Afridi was picked up allegedly by an intelligence agency in May 2011 on suspicion of helping the American CIA to trace Al Qaeda leader Osama bin Laden, but he was not convicted for it.

The APA or the additional district magistrate convicted him on May 23, 2012 for involvement in anti-state activities by supporting the Bara-based Lashkar-i-Islam, and sentenced him on different counts to a total of 33 years imprisonment with fine of Rs320,000.

Published in Dawn, September 19th, 2014