ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) on Wednesday filed a petition requesting the Supreme Court to order enforcement of fundamental rights guaranteed in the constitution by merger of the Federally Administered Tribal Areas (FATA) in the province of Khyber Pakhtunkhwa.
The petition, making President of Pakistan Mamnoon Hussain, Federation of Pakistan through Secretary Ministry of Law and Justice, Secretary Ministry of SAFRON and Incharge FATA Secretariat, Peshawar, as respondents, was filed by PTI Chairman Imran Khan through his counsel Babar Awan under Article 184(3) of the constitution.
The petitioner contended that the constitution of Pakistan in its preamble dictates to observe the principles of democracy, freedom of equality and social justice and also all rights of territories of the federation including the areas of FATA.
He submitted that in terms of Article 4 of the constitution, it is the fundamental right of the people of FATA to enjoy the equal protection of law and to be treated in accordance with the law as an integral part of the federation.
He stated that the President of Pakistan in consultation with the government of Khyber Pakhtunkhwa being a stakeholder and also relevant authorities made a FATA reforms package, which was announced by the respondents unequivocally on national fora and media.
He stated that the government of KP fulfilled its constitutional requirement and consented to forthwith include areas of FATA into KP Province and for this purpose all arrangements have been made and decision taken by the KP Government already including resolution No 848 adopted by the provincial assembly.
But to the utter surprise, the PTI chairman contended that the respondents backed down from merging the FATA into KP Province due to some political reasons and violating its lego-constitutional commitment.
He said the entire exercise is complete for enforcement of rights of the people of FATA; however, respondents are delaying the same on various pretexts.
He prayed the court to order that the areas of FATA be merged in the KP province in the interest of justice, saying the people of FATA would be grateful if such orders for the enforcement of fundamental rights of the people are passed to meet the ends of justice.
Separately, Imran Khan on Wednesday filed an appeal against Ayesha Gulalai in Supreme Court to disqualify her membership from the National Assembly, contrary to the decision made by the election body.
After the Election Commission of Pakistan (ECP) dismissed PTI’s reference against Gulalai on the basis of dishonesty, the opposition party decided to knock the door of the apex court. The petitioner has argued that the estranged lawmaker should be declared ineligible to hold the office of MNA after she was issued show cause notice and ousted from the party.
The PTI chief challenged the decision of the ECP in which it ruled in favour of Gulalai and allowed her to remain as lawmaker. It was told that Gulalai didn’t vote for Sheikh Rasheed who was PTI’s candidate for premiership during voting session in parliament.
She went against the party policy which should result in her ineligibility from the membership of the National Assembly, Imran Khan told SC, stressing that the ECP didn’t rule in accordance with the legal and factual grounds.
Imran Khan requested the top court to nullify ECP’s decision of dismissing the reference of disqualifying Gulalai, and rule her ouster from the Lower House.
The ECP had ruled that Gulalai neither left the party nor refused to participate in the voting as she was only absent from the assembly session.
Published in Daily Times, November 23rd 2017.