PESHAWAR: The Khyber Agency political agent’s office on Thursday failed to produce the record of the Dr Shakil Afridi case yet again forcing the Fata tribunal to adjourn hearing into the doctor’s petition for the seventh time.

Dr Shakil had moved the tribunal against the upholding of his conviction by an appellate forum of the Frontier Crimes Regulation commissioner in a case against him over links with a Bara-based banned militant organisation.

The tribunal, which is the third and final judicial forum available under the FCR, adjourned the hearing to Dec 18 asking the Khyber Agency’s administration to produce the case record by then.

The tribunal with Shah Wali Khan as head and Pir Fida and Akbar Khan as members observed that the petition could not be decided in the absence of the relevant record.

Lawyer for the petitioner Qamar Nadeem told reporters that it was the seventh time that the case had to be adjourned due to non-production of record by the political agent’s office.

Asks Khyber admin seventh time to produce case details

He said an official of the political agent’s office turned up and requested for another chance to produce the record saying the record was taken away by the office of the FCR commissioner and would reach back the office before the next hearing, so it would be produced in front of the tribunal.

The record is about the trial of Dr Shakil conducted by an assistant political agent and a subsequent appeal filed by Dr Shakil before the court of the FCR commissioner.

On March 15, the FCR commissioner had upheld the conviction of Dr Shakil, who is also suspected of helping the American CIA in tracking down Al Qaeda leader Osama bin Laden through a fake vaccination campaign.

However, it had reduced the sentence awarded to him by the APA court 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 Shakil and requesting the tribunal to restore the earlier sentence.

Against the verdict of the commissioner Dr Shakil has filed the revision petition before Fata Tribunal.

The petitioner said the commissioner had ignored several facts while upholding his conviction. He added that he was denied the right to fair trial and was convicted by the APA on flimsy grounds.

He said earlier, the 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 Shakil was picked up allegedly by an intelligence agency in May 2011 on suspicion of helping the American CIA trace Osama bin Laden. However, he was not convicted on that charge.

The APA/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 Rs320,000 fine.

Published in Dawn, November 21st, 2014