PESHAWAR: The Peshawar High Court on Wednesday sought comments from the Khyber Pakhtunkhwa government on a petition against the bifurcation of Kohistan district.

A bench comprising Justice Malik Manzoor Hussain and Justice Ikramullah Khan issued notices to the provincial chief secretary and revenue secretary asking them to explain position on the division of Kohistan into Upper and Lower Kohistan districts.

He also issued notices to the attorney general for Pakistan and provincial advocate general asking them to assist the court on the constitutional points raised in the petition of Haji Ameerzada Khan, former Kohistan district nazim.

Barrister Masood Kausar, lawyer for the petitioner, said in an illegal and unconstitutional manner, the provincial government issued notification for dividing Kohistan into Upper and Lower Kohistan. He said the government had not fulfilled constitutional obligations for the purpose.

The lawyer said Lower Kohistan consisted of Pattan and Palas tehsils, whereas Upper Kohistan comprised Dassu and Kandian tehsils.

He said the area of Pattan was a tribal area attached to adjacent Swat district, but for administrative purpose, it was included in Kohistan district.

Kausar said under Article 247 of the Constitution, the president of Pakistan while changing the status of tribal area had to consult tribal elders of that area and took them into confidence.

He, however, said in case of Kohistan, the provincial government had directly issued notification without the approval of the president.

Published in Dawn, August 28th, 2014