PESHAWAR, Nov 11: A two-member bench of the Peshawar High Court on Tuesday dismissed a writ petition filed by a former executive engineer (XEN) of the communications and works department against an assistant political agent of the Frontier Region Kohat.

The petitioner, Aziz Khan, had challenged the issuance of a notice to him by the assistant political agent of the Frontier Region, Kohat.

He was issued the notice by the assistant political agent on a complainant filed by an inhabitant of the Frontier Region Kohat, Mohammad Shoaib, stating that Mr Aziz Khan had taken money from him and had not been returning it.

The bench, comprising Justice Nasirul Mulk and Justice Dost Mohammad Khan, observed that when the transaction had taken place in the tribal area then the assistant political agent had the authority to look into the matter.

The complainant, Mr Shoaib, had claimed that Aziz Khan was arrested by the National Accountability Bureau on charges of possessing illegal assets. He claimed that his plea-bargain application was accepted and was asked to deposit Rs5 million.

The complainant alleged that Aziz Khan obtained a loan of Rs2.5 million from him in Frontier Region Kohat with the promise of returning it. However, he added despite his repeated requests Aziz Khan was reluctant to return the money.

The petitioner refuted his claim and contended APA had no authority to summon a person belonging to settled areas. He contended that he was a permanent resident of a settled area, therefore, the laws in vogue in the tribal areas were not applicable to him.

Advocate Wali Khan Afridi appeared for the respondents and argued that the political agent was fully competent to issue notice to the petitioner as the entire transaction took place there. He referred to various judgments of the superior courts in support of his contention, stating that once the cause of action arose in tribal area the tribal administration had the power to resolve the issue.