ISLAMABAD: The Supreme Court on Wednesday decided to form a larger bench to hear petitions against the 25th Amendment regarding the merger of tribal districts (formerly FATA) into Khyber Pakhtunkhwa (KP).
A three-member SC bench, comprising Chief Justice Umar Ata Bandial, Justice Muhammad Ali Mazhar and Justice Ayesha A Malik, heard the case filed by Malik Anwarullah Khan.
During the course of proceedings, the bench remarked that the petitioner has raised the question of not changing the status of federal units as enshrined in the Constitution.
The bench asked that what are the powers and limits of the parliament regarding amendments in the Constitution?
Attorney General for Pakistan Khalid Jawed Khan said it is important to determine the extent to which parliament can amend the constitution.
He said that if the integration of an area deprives the residents of their rights then the question of federal units may arise.
The CJ asked whether the FATA merger affected the representation of tribal residents in the provincial and national assemblies.
The AGP said that the major issue after the 25th Amendment is the seats of FATA representatives in the national and provincial Assemblies. The FATA representatives had supported the 25th Amendment, he added.
He said that the tribal areas can be sealed by an executive order under the Constitution. The jirga was also consulted before the merger of FATA, he added.
Justice Muhammad Ali Mazhar asked what is the real problem with the merger of FATA?
The CJ said that democracy is a fundamental part of the Constitution and it is stated that the purpose of the 25th Amendment was to bring democracy in the tribal areas.
The KP advocate general said that the SC would exceed its authority if it annuls the amendment passed by the parliament.
The CJ said that the bench would hear detailed arguments on the answers to all these questions. The case would be heard by a larger bench after Ramazan, he added.
Later, the court adjourned the hearing of the case till after Ramazan.
