PESHAWAR, July 11: The commissioner FCR (Frontier Crimes Regulation) has termed the custom of Swara (giving women for settling feuds) illegal and against judgments of superior courts. Commissioner Jalat Khan Afridi, who enjoys the power of appellate court under Section 48 of the FCR, set aside an order of the assistant political agent (APA), Khar (Bajaur Agency), wherein he had ordered giving a woman in Swara to the rival party for settling a blood feud.
The commissioner remanded the case back to the APA with the direction that Swara should not be part of the decision as there was no such provision in the FCR, he added.
In its detailed judgment in the appeal decided on July 6, 2005, the commissioner observed that there was no provision in the FCR or any other law for giving a girl in Swara as compensation for the murder of a person.
“The Peshawar High Court also has declared the practice as unconstitutional and un-Islamic,” the commissioner observed and added: “The APA/additional district magistrate has exercised his powers beyond his capacity. It is surprising that a judicial officer in his judicial order legalises the practice, which, not only is in conflict with judgment of the superior courts but even otherwise, is not acceptable nationally and can lead to the country’s disgrace internationally.”
Jamdali and Abdul Qadar of Hilal Khel tribe of Charmang area in Bajaur agency had filed the appeal questioning the order of the APA that a girl be given in Swara as compensation to Rehmat Shah (complainant party) for the murder of one of his relatives by the appellants’ group.
According to reports, there was an enmity between the two groups. During an exchange of fire between them, wife of Baz Khan, a relative of Rehmat Shah, was killed and two others received injuries.
The APA had referred the case to the council of elders (jirga) under Section 11 of the FCR for their findings. The council in its findings recommended that the Jamdali group should give a girl in Swara to the opponents as compensation for the killing of Baz Khan’s wife.
The APA in his capacity as additional district magistrate issued the order on April 26, 2005, wherein he endorsed the recommendation of the council.