PESHAWAR: The recently constituted Federally Administered Tribal Areas (Fata) Tribunal on Thursday sought record from the Khyber Agency political agent in a petition filed by Dr Shakil Afridi challenging the upholding of his conviction by an appellate forum for links with an outlawed militant outfit.

The tribunal comprising chairman Sange Marjan Khan and members Hussainzada Khan and Atif Nazir fixed July 30 for next hearing with the orders to produce the case record before it.

The tribunal, which is the third and final judicial forum under the Frontier Crimes Regulation (FCR), also adjourned hearing into a petition of the Khyber Agency administration seeking the enhancement of Dr Shakil’s sentence.

On March 15, 2014, the FCR commissioner, which is the appellate forum, had upheld the conviction of Dr Shakil for being linked to a banned militant organisation of Bara tehsil in Khyber Agency but reduced his imprisonment sentence given by the assistant political agent’s court from 33 years to 23 years and that of Rs320,000 fine to Rs220,000. Dr Shakil has now challenged the upholding of his conviction by the FCR commissioner by filing the present revision petition.

Despite passage of over a year no progress has taken place in the petition. The previous Fata Tribunal repeatedly issued orders to the FCR Commissioner and the administration of Khyber Agency for provision of the relevant record but the same was not produced.

Later on, in Jan this year the members of the tribunal completed their term following which hearing could not take place in the case for many months due to non-appointment of the members. Last month the Khyber Pakhtunkhwa governor appointed the chairman and the two members following which the tribunal became functional.

Advocate Qamar Nadeem Afridi appeared for Dr Shakil and contended that due to non-provision of record, the case had been delayed.

Petitioner Dr Shakil claimed he was denied the right to fair trial and was convicted by the assistant political agent on ‘flimsy grounds.’ The petitioner said the FCR commissioner had ignored several facts while upholding his conviction.

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.

Published in Dawn, June 26th, 2015

On a mobile phone? Get the Dawn Mobile App: Apple Store | Google Play