Article 247 of Constitution of Pakistan is the basis of discrimination with FATA and other tribal areas: 247 (3) No Act of [Majlis-e-Shoora (Parliament)] shall apply to any Federally Administered Tribal Area or to any part thereof, unless the President so directs, and no Act of [Majlis-e-Shoora (Parliament)] or a Provincial Assembly shall apply to a Provincially Administered Tribal Area, or to any part thereof, unless the Governor of the Province in which the Tribal Area is situated, with the approval of the President, so directs; and in giving such a direction with respect to any law, the President or, as the case may be, the Governor, may direct that the law shall, in its application to a Tribal Area, or to a specified part thereof, have effect subject to such exceptions and modifications as may be specified in the direction. (Which means FATA MNAs can legislate for whole Pakistan but not for FATA, what a shame) 247 (5) Notwithstanding anything contained in the Constitution, the President may, with respect to any matter, make regulations for the peace and good Government of a Federally Administered Tribal Area or any part thereof. (Yep... this is called constitutional dictatorship, why this power should not be vested to elected parliament of Pakistan?) 247 (7) Neither the Supreme Court nor a High Court shall exercise any jurisdiction under the Constitution in relation to a Tribal Area, unless [Majlis-e-Shoora (Parliament)] by law otherwise provides: (Our Parliament is interested in other stuff, tribal areas are the godforsaken areas for them)... These provisions violate and contradict the following fundamental rights given in the constitution (Constitution Self Contradiction): Article 9: Security of person. No person shall be deprived of life or liberty save in accordance with law (Without jurisdiction of Supreme Court and High Court?) Article 10: Safeguards as to arrest and detention 10A. Right to fair trial: (How comes there be a fair trial if Supreme Court and High Court have no jurisdiction in tribal areas). Article 13: Protection against double punishment and self incrimination. (Collective punishment under FCR is in violation to this Article) Article 14: Inviolability of dignity of man, etc. (1) The dignity of man and, subject to law, the privacy of home, shall be inviolable (Are you kidding).. Article 25: Equality of citizens (now you are really kidding)..
Posted on: Sun, 19 Oct 2014 06:03:12 +0000
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