PESHAWAR, May 3 The Peshawar High Court on Monday reserved its order over maintainability of a writ petition challenging the colonial era law of Frontier Crimes Regulation (FCR) by a human rights organisation.

A two-member bench comprising Justice Pir Liaqat Ali and Justice Mazhar Alam Miankhel heard detailed arguments of the petitioner's counsel on the point whether the petitioner was an aggrieved person in terms of Article 199 of the Constitution and whether the petitioner had the locus standi to file the instant petition.

The petition is filed by the Human Rights Commission South Asia through its Pakistan's correspondent Syed Muhammad Iqbal Kazmi and its correspondent for NWFP/Fata, Advocate Abdul Samad Khan Marwat, requesting the court that the residents of Federally Administered Tribal Areas be equated with other citizens of Pakistan.

The petitioner prayed the court to issue directives that the FCR, 1901 may be brought in conformity with the Constitution and its discriminatory provisions may be brought under the umbrella of normal laws of justice prevalent in rest of the country.

The bench inquired from Mr Marwat to explain how he was an aggrieved person as the law was not applicable to him.

The counsel referred to various judgments of the superior courts contending that they had now been living in the 21st century and they had to challenge such like black laws. He added that the present petition was public interest litigation as the FCR affected lives of around eight million tribal people.

Mr Marwat referred to the decision given by the Supreme Court in the case of Human Rights Commission of Pakistan wherein bonded labour was challenged and the court had declared it unconstitutional and illegal. He added that the said case was dismissed by the Lahore High Court on the same ground that the petitioner was not an aggrieved person, but the apex court overruled that order and accepted the plea of the petitioner.

The counsel further argued that in the famous case of Shehla Zia versus Wapda the Supreme Court had clearly explained the “Right to life” given in the Constitution and had declared the installation of a high-powered transmission line in a green belt of Islamabad illegal as it would have affected lives of various people.