Last Updated On 31 October,2013 About 2 hours ago
The position of FCR commissioner remains vacant after the death of Sahibzada Anis.
PESHAWAR (Dunya News) - The FATA Tribunal has sought the complete record for the case of Dr Shakil Afridi from the Frontier Crimes Regulation (FCR) commissioner and Khyber Agency political agent (PA).
FATA Tribunal Chairman Shah Wali and Fida Muhammad asked for the record on Wednesday, while hearing a revision petition filed by defence lawyers Abdul Latif Afridi, Samiullah Afridi and Qamar Nadeem on October 21. The date for the next hearing has been set for November 5.
Though the case records have been sought, the position of FCR commissioner remains vacant after the death of Sahibzada Anis on October 29. Anis was the Peshawar commissioner who also served as the FCR commissioner.
Talking to reporters, Samiullah said they had filed a revision petition with the tribunal seeking a retrial, new jirga members, who should be chosen with the consent of the petitioner with the right to cross examine, and the passage of a “fair, justifiable and well-reasoned order”.
Shakil’s lawyers have also filed an application to lift the ban on bail. According to Samiullah, his client – like every citizen – has the right to apply for bail and the verdict in the case would take time. The retrial needs to be held inside Peshawar Central Prison where Shakil is incarcerated, instead of the PA House, for the sake of security, emphasised Samiullah.
Under the law, it is the right of each and every accused to defend himself through counsel(s) and cross examining of witness(es), reads the revision petition. But in the present case, both, opportunity for defence and the right to cross examination, were denied to Samiullah’s client, the petitioner, it added. Therefore, the case was remanded back to the PA.
“The FCR Commissioner ordered the petitioner will not be released on bail till the conclusion of the case – this part of the order is against the law. Therefore, this part of the order needs to be declared of no legal effect. Under the law, every accused has a right to apply for bail,” the petition goes on to state.
As the case has been handed to the PA to hear it as a sessions judge, he is bound by law to make a fresh order of reference and refer the case to a new jirga with the consent of the petitioner. The trial court must summon jirga members as well as witnesses in the presence of Dr Shakil, the petitioner; and then after codal formalities, the trial court must pass a reasonable order. These are the stipulations argued by the revision petition.
On August 29, late FCR commissioner Sahibzada Muhammad Anis overturned the 33-year sentence and the Rs320,000 fine imposed by the assistant political agent of Bara.
Dr Shakil Afridi, a former agency surgeon, was arrested on May 23, 2011 for allegedly assisting the US government in tracking down Osama bin Laden. He was later sentenced for having ties with Lashkar-e-Islam under Pakistan Penal Code clauses related to offences against the state, conspiracy or attempt to wage war against the state, spying and allying with a foreign government against the state’s interests.
Earlier this week, Prime Minister Nawaz Sharif said the case of Dr Shakil is sub judice and would be decided according to the law, following the US government’s request to release him.
PESHAWAR (Dunya News) - The FATA Tribunal has sought the complete record for the case of Dr Shakil Afridi from the Frontier Crimes Regulation (FCR) commissioner and Khyber Agency political agent (PA).
FATA Tribunal Chairman Shah Wali and Fida Muhammad asked for the record on Wednesday, while hearing a revision petition filed by defence lawyers Abdul Latif Afridi, Samiullah Afridi and Qamar Nadeem on October 21. The date for the next hearing has been set for November 5.
Though the case records have been sought, the position of FCR commissioner remains vacant after the death of Sahibzada Anis on October 29. Anis was the Peshawar commissioner who also served as the FCR commissioner.
Talking to reporters, Samiullah said they had filed a revision petition with the tribunal seeking a retrial, new jirga members, who should be chosen with the consent of the petitioner with the right to cross examine, and the passage of a “fair, justifiable and well-reasoned order”.
Shakil’s lawyers have also filed an application to lift the ban on bail. According to Samiullah, his client – like every citizen – has the right to apply for bail and the verdict in the case would take time. The retrial needs to be held inside Peshawar Central Prison where Shakil is incarcerated, instead of the PA House, for the sake of security, emphasised Samiullah.
Under the law, it is the right of each and every accused to defend himself through counsel(s) and cross examining of witness(es), reads the revision petition. But in the present case, both, opportunity for defence and the right to cross examination, were denied to Samiullah’s client, the petitioner, it added. Therefore, the case was remanded back to the PA.
“The FCR Commissioner ordered the petitioner will not be released on bail till the conclusion of the case – this part of the order is against the law. Therefore, this part of the order needs to be declared of no legal effect. Under the law, every accused has a right to apply for bail,” the petition goes on to state.
As the case has been handed to the PA to hear it as a sessions judge, he is bound by law to make a fresh order of reference and refer the case to a new jirga with the consent of the petitioner. The trial court must summon jirga members as well as witnesses in the presence of Dr Shakil, the petitioner; and then after codal formalities, the trial court must pass a reasonable order. These are the stipulations argued by the revision petition.
On August 29, late FCR commissioner Sahibzada Muhammad Anis overturned the 33-year sentence and the Rs320,000 fine imposed by the assistant political agent of Bara.
Dr Shakil Afridi, a former agency surgeon, was arrested on May 23, 2011 for allegedly assisting the US government in tracking down Osama bin Laden. He was later sentenced for having ties with Lashkar-e-Islam under Pakistan Penal Code clauses related to offences against the state, conspiracy or attempt to wage war against the state, spying and allying with a foreign government against the state’s interests.
Earlier this week, Prime Minister Nawaz Sharif said the case of Dr Shakil is sub judice and would be decided according to the law, following the US government’s request to release him.
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