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English version: http://fatareforms.org/2014/10/28/senate-for-extending-superior-courts-jurisdiction-to-fata/ --- ISLAMABAD: The Senate on Monday unanimously passed a resolution to amend Article 247 of the Constitution to extend the Supreme Court and high courts jurisdiction to the Federally Administered Tribal Areas (Fata) to protect fundamental rights of the people there. Pakistan Peoples Party (PPP) Senator Farhatullah Babar, who moved the resolution in the House, said under Article 247(7), the Supreme Court and high courts could not make recommendations for Fata. “There are no rules to protect the rights of the people of Fata, even elected members from the areas never raised their voice for the tribals,” he added. Clause 7 and Courts Jurisdiction Senator Babar who has also moved a private member constitutional amendment bill in to delete Article 247 (7) called for the adoption of the resolution to further reinforce the case. He said the Khyber Pakhtunkhwa (KP) Assembly had also passed the resolution on May 7, 2012 that Article 247 should be amended so the people of Fata could take legal remedies from the superior courts. Article 144 of the Constitution states that if a provincial assembly passes a resolution it shall be lawful for the Parliament to pass an Act or regulating that mater matter accordingly, he said. “The high courts have also recommended that Article 247 should be amended,” he added. He said that the Peshawar High Court in its judgment in April also advised the Parliament through federal government to make suitable amendments in Article 247(7) so that the tribal people may invoke court jurisdiction in case of infringement of their fundamental rights. The resolution was adopted after the Senate rejected the government move to refer it to a committee instead of adopting it straightaway. The National Assembly will now consider the resolution for adoption to move the process forward. Pressing for the adoption of the resolution senator Babar said that under Article 1 of the Constitution the tribal areas were a territory of Pakistan and therefore its people entitled to the same fundamental rights as enjoyed by the people of other areas under the Constitution. However Article 247(7) which ousted the jurisdiction of the Supreme Court and the High Court from FATA acted as a grave impediment in the way of the tribal people seeking fundamental rights and therefore it needed to be done away with. “There are constitutional contradictions to deal with FATA people; therefore we recommend Article 247(7) of the Constitution be abolished,” he said. Click here for the complete text of Article 247, including clause 3 and clause 7 discussed in this article: http://fatareforms.org/2014/05/07/article-247/ Clause 3 and Legislative Powers Senator Babar also addressed Article 247(3), which gives legislative power over FATA to the President of Pakistan instead of parliament.
