PESHAWAR: In several terrorism-related cases from the erstwhile Fata, the terror suspects were again found missing from the custody of political administration (now called district administration) when their cases were transferred to the anti-terrorism courts in Khyber Pakhtunkhwa for trial.An official of an anti-terrorism court told The News that when the courts issued notice to the district administrations in bail petitions to produce terror suspects it came to light in various cases that the accused are missing from the lock-ups or detention centres.The official said the courts kept pending the bail applications as it would be decided once the detainees are produced before the court. He added that the authorities just replied that the detainees are not present in the prisons.He said that cases of terror suspects, who were under trial in the courts of erstwhile political agent and assistant political agent under Frontier Crimes Regulation (FCR) and Action (in Aid of Civil Power) Regulation, 2011, were transferred to the anti-terrorism courts, but in several cases the detained terror suspects were found missing.The official said that in majority of the terrorism related cases, the authorities did not submit lists of witnesses for which the courts had issued notices so that the trial could proceed.On the other hand, hundreds of terrorism related cases from the erstwhile Fata were transferred to the anti-terrorism courts already set up in the seven divisions of Khyber Pakhtunkhwa under the Anti-Terrorism Act, 1997. These courts were set up after the Peshawar High Court ruled that these cases be tried in the anti-terrorism courts.Earlier, there was ambiguity regarding the terrorism-related cases transferred to courts in the newly merged tribal districts as both the district courts in the tribal districts and anti-terrorism courts refused to hear the cases due to lack of any specific direction and notification for hearing and deciding the pending cases.However, the high court called a special meeting on the issue when a high court lawyer Shabir Hussain Gigyani filed an application seeking direction from the court as to which subordinate court would decide the cases. The meeting decided that the anti-terrorism courts would hear and decide terrorism related cases from the erstwhile Fata.The meeting declared that anti-terrorism courts (ATCs) established in Peshawar, Dera Ismail Khan, Bannu, Saidu Sharif (Swat), Abbottabad, Kohat and Mardan divisions had jurisdiction and powers to hear all cases pertaining to offences committed in the merged tribal districts as those areas were now integral part of the adjacent divisions.The participants unanimously held that the cases registered under the Anti-Terrorism Act, 1997 and pending with the defunct courts under the FCR stood transferred to the anti-terrorism courts of the relevant divisions.It was noted that ATCs had the jurisdiction and authority to entertain, adjudicate and decide all cases transferred to them. The meeting also discussed another ambiguity related to the cases of suspected militants charged under Pakistan Penal Code's section 121 (waging war against the state), section 121-A (conspiring to wage war) and section 122 (taking up arms against the state). It decided that the committee constituted by the sessions judge concerned in the merged districts and the prosecution would decide about the nature and cognisability of cases in relation to offences punishable under PPC's sections 121, 121-A and 122.The committee and prosecution would decide in respect of all cases including bail matters, whether the same is to be heard by sessions judges as per column No 8 of Second Schedule to the Code of Criminal Procedure or by the ATC under section 6 of the Anti-Terrorism Act, 1997.The meeting decided that the committee and the prosecution should accordingly send the cases to the sessions judge concerned or the anti-terrorism court. The ATCs would decide on case to case basis whether such offences fall within the meaning of terrorism. For the purpose, they would read section 6 along with relevant provisions of the Anti-Terrorism Act with sections 121, 121-A and 122 of the PPC to decide such controversy as the mixed question of law and facts.PHC Chief Justice Waqar Ahmad Seth subsequently endorsed the decision of the meeting that the terrorism related cases be transferred to the ATCs.After the merger of the erstwhile Fata with Khyber Pakhtunkhwa in light of the passage of the Constitution's (Twenty-Fifth Amendment) Act, 2018 last year, regular courts began functioning in tribal districts in March 2019. The cases pending with different forums, which used to function under the then FCR in the region, were transferred to these courts.
from The News International - National http://bit.ly/2XpSjpm
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