PESHAWAR, July 25: A two-member bench of the Peshawar High Court has directed the NWFP advocate-general to assist the court on the question whether the high court could exercise any powers in the jurisdiction of the Federally Administered Tribal Areas (Fata).

The bench, comprising Justice Shahjehan Khan and Justice Ijazul Hassan, on Wednesday fixed August 7 for the next hearing.

The bench took up for hearing a writ petition challenging the detention of two brothers, Abid and Waheed, by the administration of Frontier Crimes, FR Kohat.

They were arrested under sections 21 and 40 of the Frontier Crimes Regulations.

The administration, in its comments, challenged the jurisdiction of the high court stating that under the Constitution the high court could not exercise any power in the tribal areas.

Barrister Masood Kausar appeared for the petitioners and argued that they had been kept in illegal detention for the last eight months. He added that it was inhuman on the part of the administration to detain the petitioners without giving any reason.

He regretted that the administration had been delaying the matter for one reason or another.

Mr Kausar argued that the matter should be referred to a larger bench.

The petitioners’ counsel contended that there were various judgments of the superior courts including the Peshawar High Court in which relief was provided.

Deputy Advocate General Tariq Jawed said that the petitioners belonged to tribal areas where they were arrested, therefore the court could not exercise jurisdiction in the case.

Mr Kausar pointed out that questions of fundamental rights mentioned in the Constitution were involved in the case.

He added that the court should now decide whether the tribal people enjoyed fundamental rights given in the Constitution or not.