PESHAWAR, March 22: The Peshawar High Court on Monday ruled that the tribal administration had no authority to try a person for a crime committed in settled area.

A two-member bench of the Peshawar High Court, comprising Justice Shehzad Akber Khan and Justice Fazalur Rehman Khan, accepted a writ petition filed by a person, Akhter Khan, who was convicted by the assistant political agent of Bara (Khyber Agency) about five years ago.

The court set aside his conviction by the APA and acquitted him. The APA had sentenced him on two counts to ten-year and seven-year rigorous imprisonment respectively and had ordered that both the sentences would run consecutively and not concurrently.

He was also fined Rs150,000 and in default had to undergo three years additional imprisonment. The court took exception to the conviction by the APA, observing that when a crime had taken place in the settled area how could the APA conduct a trial of it.

According to prosecution a cab was hired in Hangu district by two persons - Sher Ali and Akhter Khan - when it reached Mathani they tried to forcefully took it away. The driver raised hue and cry after which Sher Ali was arrested, whereas the second accused escaped.

Advocate Wali Khan Afridi appeared for the petitioner and pointed out various interesting aspects of the case. He argued that the alleged occurrence had taken place at Mathani and an FIR was registered by the owner of a vehicle, Tariq Mahmood, at police station Mathani which was in the settled area.

He argued that Akhter Ali was a motor mechanic and was summoned by the Bara APA claiming that one of the accused in the case was having the same name. He added that without conducting an identification parade the man was convicted on July 29, 1999. "Even the complainant in the case was not summoned by the APA," argued Mr Afridi.

Moreover, he contended that when an incident had occurred in the jurisdiction of a police station of Peshawar district the tribal administration had no authority to try a person in that case.

He added that barbaric laws were in vogue in the tribal areas and the present case was a clear manifestation of arbitrary use of such laws. The counsel further pointed out that for more than five years the petitioner had been in prison.

He added that the accused person also face trial now in the settled area. Mr Afridi added that it was a case of double jeopardy.