[Dawn] The Peshawar High Court on Thursday sought explanation from the political agent of South Waziristan Agency for issuing a general order for arresting all Mehsud tribesmen and confiscating their properties.
A bench comprising Chief Justice Tariq Pervez Khan and Justice Attaullah Khan enquired when there were a number of Mehsud tribesmen serving on key posts like army officer, police, judges, doctors and lawyers why they had not been arrested when the political agent had issued the impugned order. It asked how the political agent could issue such an order for arresting all the members of the tribe and confiscating their properties.
The chief justice observed that such orders were often issued by the viceroys. It was observed that if this order was implemented it would affect hundreds of thousands of people.
The court was hearing a writ petition filed by two residents of the Tank district, Mohammad Nawaz and Tawkal Din, challenging their detention under section 21 of the Frontier Crimes Regulation.
NWFP Advocate-General Ziaur Rehman Khan told the court that he would contact the political agent and try to convince him for withdrawing the order. The court fixed September 15 for next hearing.
Advocates Aminur Rehman and Kareem Mehsud appeared for the petitioners. They contended that their clients were residents of a settled district and the authorities had detained them in an illegal manner, adding the impugned order was illegal and unconstitutional.
The political agent in his capacity as district magistrate had issued an order on June 14, 2009, wherein he stated that the Mehsud tribal elders had failed to discharge their responsibilities in handing over militants of their tribe involved in terrorist activities across the country and those terrorists other than Mehsuds, including foreign elements who had taken refugee in the Mehsud area.
The order states: 'I, the political agent/district magistrate, South Waziristan Agency in exercise of the power conferred upon me under section 21-FCR, do hereby order the seizure where they may be found of all members of Mehsud Tribe and confiscation of moveable/immovable property belonging to them in NWFP and their arrest and taking into custody any person of the tribe wherever he is found.'
The petitioners stated that on June 15 the political agent of South Waziristan based at Tank summoned Malik Palam Khan, father of Mohammad Nawaz, and Malik Taulab Khan, father of Tawkal Din, in connection with a jirga regarding law and order situation in the agency.
They said Malik Taulab appeared in person and since Malik Palam was not available, his son Mohammad Nawaz appeared before the political agent. They claimed that instead of holding jirga, the political agent arrested both of them without any reason and kept them in the political prison in Tank. After 15 days, the two were sent to the Dera Ismail Khan Central Prison.
Later, on a request of Tawkal Din for release of his father as he was old and ill, the political agent released Malik Taulab on July 14, but Tawkal Din was arrested and sent to prison.
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