Current Status in Pakistan
According to the FCR despite the presence of elected tribal representatives, the Parliament of Pakistan can play no role in the affairs of FATA.
Article 247 of the Pakistani Constitution provides that no Act of Parliament applies to FATA, unless the President of Pakistan consents. Only the President is authorized to amend laws and promulgate ordinances for the tribal areas. The elected representatives thus have no say in administration of FATA. It also repeals the jurisdiction of Pakistan's courts over FATA. By inference, this also limits the application of fundamental rights to FATA.
Article 247 and the Federal Crimes Regulation have been condemned by several jurists. Late Chief Justice of the Supreme Court, Justice Alvin Robert Cornelius, said that the FCR is "obnoxious to all recognised modern principles governing the dispensation of justice" in the case of Sumunder vs State (PLD 1954 FC 228).)
After taking a unanimous vote of confidence on 29 March 2008, then Prime Minister of Pakistan, Yousaf Raza Gilani, expressed his government's desire to repeal the FCR. However, no progress has been made on overturning the regulation.
Read more about this topic: Frontier Crimes Regulations
Famous quotes containing the words current and/or status:
“Without the Empire we should be tossed like a cork in the cross current of world politics. It is at once our sword and our shield.”
—William Morris Hughes (1864–1952)
“The censorship method ... is that of handing the job over to some frail and erring mortal man, and making him omnipotent on the assumption that his official status will make him infallible and omniscient.”
—George Bernard Shaw (1856–1950)