ROGUE ARMY OF PAKISTAN

The horrifying video reported by Jane Perlez in an article of New York Times on September 29, 2010, showing Pakistan Army officers mass-killing six innocent blind-folded young men with their hands tied-back, has shocked the world. The way the Pakistani soldiers shot and killed the young men some of them as young as 14 years and then shooting at short range on those who were still alive and wounded, to finish them, dwarfs the atrocities committed by chetnik Serbs in Bosnia & Herzegovina.
Brigadier (Rtd) Javed Hussain and Lt. General Talat Masood, who are considered to be pro-military security analysts have termed this video as authentic and credible. This particular video is from Swat, which is relatively accessible area. The crimes committed by Pakistan Army in FATA cannot be brought to surface as the journalists and International human rights organizations are barred from entering these areas. “A Pakistani intelligence official, who did not want to be identified discussing the issue, said he had seen other such videos and heard reports of executions larger than the one in the video”, the report goes on to says. Some reports, particularly from Waziristan, that the State Department was reviewing were increasingly specific and credible, a senior US Administration official is reported to have said. If proper action is not taken in time by International Community, the 3000-10000 prisoners rounded up by Pakistan Army during their fake operations against insurgents, can also be killed extra-judicially by Army in the same pattern.

Ironically, the so-called free media of Pakistan is criminally silent on these terrifying images, reported by New York Times. Pakistani media which is tirelessly quoting Western sources when it comes to stigmatizing the democratically elected governments and even the Judiciary. But, when it comes to the Military Establishment, they do not have the courage to expose the true face of it. International Press Freedom Organizations should also take note of it and embolden the media to write on this issue.

I have been highlighting the atrocities of the Pakistan Army in Swat and Tribal Areas of Pakistan in my several articles published earlier, fell on deaf ears and blind eyes in American and European political and diplomatic circles. In my Article titled “Khyber Pakhtunkhwa is burning”, published on August 26, 2010, a detailed description of the situation is made. Mass graves discovered at different locations in Swat as confirmed by Human Rights Commission of Pakistan (HRCP), Amnesty International (AI) and Human Rights Watch (HRW): reminds of the Serb genocide of 1995 in the city of Srebrenica in Bosnia & Herzegovina. Many more undiscovered Mass-graves are waiting to be unearthed, if and when International Human Rights Organizations will be allowed to enter FATA. The magnitude and scale of torture, killing and forced disappearances by Military Establishment of Pakistan dwarfs the Chilean Dictator, General Augusto Pinochet. The Supreme Court of Pakistan is powerless, as its orders to produce missing persons before the court for trial are thrown into dustbin by Military Establishment. Credible media reports suggest that some 2,500 people were in detention in the first half of 2010…the numbers subjected to enforced disappearances could be much higher. These detainees are not held under any clear legal framework under Pakistan’s law, a report by Amnesty International published in July this year, confirms. Hundreds of thousands of FATA’s nearly four million residents have fled the increasing brutality of the Pakistani Taleban and of the government’s military response.

The reason, resembling the state-sponsored terrorism and genocide of innocent Pashtuns by the Pakistani Military was that I see the same patterns and tactics employed by Pakistan Military, and as well as the Serb forces which committed the worst genocide of the Bosnian Muslims of Srebrenica in 1992-95 war.

This Pakistani video is just like the one released in 2005 in which Serb Army was shown killing 6 innocent civilians in cold blood with their hands tied in the back, in July 1995. Before the release of that video Serbian general public was denying the genocide. The release of that video made the facts dawned upon Serbs that genocide perpetrated by Serbs was a reality. Now, the Pakistani people should also accept the fact that Pakistani Military has committed genocide of Pashtuns. The Serb forces buried the dead bodies of these civilians at different locations in mass graves in Bosnia to escape the searching eyes of International Community. The victims of genocide in Swat and FATA have also been buried at different locations as safe as the out-skirt of Islamabad to cover-up the crimes.

Pakistan Military followed the same patterns learnt in Bosnian War on those Pashtuns who were not ready to help Military become a fodder of war against US and NATO forces in Afghanistan. It is not a coincidence, as Pakistani Military was very closely engaged in Bosnian war by providing Arms and ammunition to Bosnian Army to fight the Serbs. Instead of learning lessons from Serb atrocities, Pakistan Army is committing the same mistake of genocide on its own citizens. Lt. General (Rtd) Javed Nasir has already accepted the fact in front of Lahore Hight Court that he played an important role in delivering Arms to Bosnia, breaching the Arms embargo of UN. Dr. Abdul Qadir Khan, the father of the Nuclear Programme of Pakistan was also actively involved by personally supervising these Arms deliveries to Bosnia. The orders of the International Criminal Court in Hague, to produce Javed Nasir before the court in order to find the facts, have been resisted by Pakistani authorities. US and EU are also silent on account of political reasons to bring the culprit to the book. The involvement of Pakistan Army in Drugs-smuggling and distribution to run its secret operations, selling nuclear secrets to Libya and Iran, earning huge commissions on controversial arms-deals and killing innocent French Engineers at Karachi in 2002 when they could not receive the promised kick-backs, are few examples which depict the real face of this rogue army. General Aslam Beg (former Army Chief) Major-General Asad Durrani, General Hamid Gul (former chiefs of the ISI), and people like Colonel Imam are still working actively for Pakistan Army to train and arm Taliban to kill Americans and NATO forces in Afghanistan. There is an un-ending list of crimes committed by Pakistan Army. Strong action needed to be taken rather than using bits of information and reports for political reasons to force Pakistan Army to co-operate with US and Allied forces for small tactical military gains, is hypocritical.

US civilian Administration and Pentagon believe that the video is real and there are more videos and concrete material which shows the extra-judicial killings by Pakistan Army of the prisoners and innocent civilians. They also claim to take the issue with Pakistani authorities. The chairman of the Joint Chiefs of Staff, Adm. Mike Mullen, reported to have raised the reports of extrajudicial killings with the head of the Pakistani Army.

These apparently political gestures of US seems to be just an exercise in vein as there are clear cut laws and procedures to be followed. American law requires that the United States cut off financing to units of foreign militaries that are found to have committed gross violations of human rights. Instead of applying this law, US has already transfered more than US $ 10 billions to the rogue Pakistan Army. By cutting and stopping this military aid along with civilian development aid, US can force Pakistan to stop this genocide of Pashtuns and bring the culprits to the book.

Another option is try all the responsible including the Army high Command who ordered the killings of civilians in the International Criminal Court. If the Serbs who committed genocide are brought to Hague to face justice then why Pakistan Army Generals cannot be tried in Hague? What hinders International Community from bringing these clean-shaved uniformed Taliban to Hague to try them for crimes against humanity and genocide? If these Generals are above the law? Is the International Justice system is selective? Ample evidence is there to prove that, as different International Human rights Organizations like Amnesty International, Human Rights Watch and Pakistan International Human Rights Organization have investigated these atrocities and have presented the evidence in their respective reports.

It is the moral, political and diplomatic responsibility of the International Community particularly, US and EU to take this issue seriously and put pressure on Pakistan to stop the state-sponsored genocide of Pashtuns. Pakistan government and Army must be subject to criminal prosecutions under international criminal law, in relation to war crimes, crimes against humanity, or other crimes under international law. If swift action is not taken then the situation is going to get out of control and the whole of Pakistan will see a horrific blood bath un-imaginable in the history of Pakistan. Pashtun Nationalist feelings are on rise and the Pashtun code of Pakhtunwali call for BADAL (revenge) on those who have committed genocide of Pashtuns. If the Punjabi dominated military think that they will pass through these crimes un-hurt, are living in paradise of fools. Pashtuns will take the war to their homes and will take the revenge, binding on them according to their historic traditions.

EMERGING BLOOD BORDERS OF PAKISTAN & AFGHANISTAN

“What Afghanistan would lose to Persia in the west, it would gain in the east, as Pakistan’s Northwest Frontier tribes would be reunited with their Afghan brethren (the point of this exercise is not to draw maps as we would like them but as local populations would prefer them). Pakistan, another unnatural state, would also lose its Baluch territory to Free Baluchistan. The remaining “natural” Pakistan would lie entirely east of the Indus, except for a westward spur near Karachi”. (RALPH PETERS)

This quote of Ralph Peters seemed ridiculous and wild day-dreaming when it first appeared in the Armed Forces Journal, back in 2006. But, when we look at the rapidly changing political and geo-strategic scenario in Pakistan and Afghanistan, today in 2010, it seems a prophetic vision of a Political Scientist. Many questions are boiling in one mind. Is Afghan Taliban insurgency turning into a Pashtun nationalist resistance? But how? This is a million dollars question to be answered by political and military analysts.

The recent statements of Mullah Mohammed Umar, the spiritual leader of Taliban, appearing in the selected press in Pakistan and Afghanistan, lead one to believe that the man has decided to part ways with Al-Qaeda. The tone of the message and suggestions presented appears to be a turning point in the core ideology of Taliban which will determine its future course of action. Mullah Umar has offered an olive branch, though not openly to the USA and Allied Forces. He expressed his desire to establish relationship both with Muslims and Europeans. He also expressed his commitment for respect for Human Rights particularly the rights of Women and their education. He clearly mentioned that the important posts and ministries will not be given on religious ground rather on competence and capability in future set-up, if they are allowed to participate in. Though political observers have a lot of doubts, but the way, the US is using its sticks & carrot strategy in Afghanistan and Pakistan, it does not seem impossible.

Even, a recent interview by Gulbadin Hikmatyar is also indicative of the change in the approach of former Mujahedeen Commander, an important player in the Afghan game. But, these Taliban and Mujahedin commanders should not be considered seriously until or unless they openly renounce terrorism and extremism.

To understand, the currents trends, we have to analyze the important events that are shaping Afghan political and military land-scape for some time.

Americans have developed a strong Afghan National Army (ANA) and Afghan National Police (ANP), which is becoming stronger and stronger with every passing day. The Afghan Army is dominated by Tajiks, but Pashtuns are also not negligible.

Second, Afghan Police is locally recruited. It is also establishing itself as a strong force to be reckoned with as it is rapidly becoming the eyes and ears of the government. Local policemen know about the terrain completely and it is becoming difficult for Taliban to find safe heavens and to hide themselves in civilians areas to launch attacks either against foreign forces or terrorize local people.

Another important development is the establishment of local Lashkars (local armies consisted of Pashtuns) to fight against Taliban and other extremist groups. These Lashkars commanded by ordinary citizens are fighting against Taliban, dis-credited warlords and former Mujahedeen commanders. Later, these Lashkars can easily be absorbed into the main police or Army structures at a convenient time.

The recent discovery of the mineral resources in Afghanistan also gives a hope for the people and they know it well that only through co-operation not through war they can exploit these resources and develop badly-needed infra-structures for economic and social development. Through co-operation and peace with western forces they can get the much needed foreign investment for the exploitation of the these natural resources.

New York Times, report that these huge reserves of lithium, iron, gold, niobium, cobalt and other minerals worth trillions of dollars could transform Afghanistan into a global mining hub. There is ever-growing demand for lithium, which is used to make batteries for everything from mobile phones and cameras to iPads and laptops. Future growth in electric and hybrid cars could create still more demand. Afghanistan has so much of the metal that it could become the "Saudi Arabia of lithium," according to an internal Pentagon memo quoted by the New York Times.

China Metallurgical Group has won a $3.5 billion contract to develop Afghanistan's Aynak copper field, the largest foreign direct investment project in the history of Afghanistan. By some estimates, the 28-square-kilometer copper field in Logar Province could contain up to $88 billion worth of ore. This chines investment in mine sector is very important and more investment is till to come. Similarly, infrastructure development projects are underway by Chines, Europeans, Indians and Americans firms. Afghanistan can become a viable state now, as it can afford to pay for its government, army and police without being dependent on foreign aid or drug trade.

With arrival of this huge wealth the menace of drug production and trafficking can also be effectively tackled now. Drug trade has been a biggest source of instability in Afghanistan. As drug producers, traders and traffickers were always creating instability in Afghanistan to keep it as a safe-heaven for drug production and trafficking. Most important of all, Afghanistan is slowly and gradually experimenting democracy. Already, two Parliamentary and two Presidential elections have been held. They were not exemplary but Afghans are moving in right direction with a clear vision of future which will mature with the passage of time and will lead towards a democratic and stable state in the years to come.

Despite the fact that these statements and important developments on the ground are new, but the strategy and plans for these developments are not new. The major force behind all this seems to be USA. Rather, these are well thought-out and carefully planned strategies devised by military, political scientists, social experts and think tanks of America, which are the real movers & shakers of the political, social, economic and military events in Afghanistan.

While, we see a stable Afghanistan emerging on one side, on the other side of the Durand line an unstable and terror-torn chaotic Pakistan is in sight.

Extremists elements, having almost lost their ideological battle in Afghanistan. Unable to come- to-term with new reality, they are entering Pakistan, where they are meeting like-minded religious fanatics, welcomed by a state (Pakistan) sponsoring ideology of hate and killing:, providing them safe heavens, finances and training.

Already weakened by terrorism, corruption, un-employment, economic mismanagement and political instability, Pakistan is an ideal location for the terrorists and Taliban to take refuge in. On economic front, the Finance Minister of Pakistan has recently told media that government will not be able to pay the salaries of the government servants in the next two month. The cheques handed over to government contractors are not paid by the banks.

Recent floods have completely handicapped the government of Yousof Raza Gilani as most of the infra-structure in three provinces of Pakistan is damaged. Besides, due to Army interference in Political affairs and continued black-mailing of the government has rendered the state of Pakistan politically unstable and direction less. If military ventured into derailing the present democratic set up, with the exit of Pakistan Peoples Party (PPP), one of the biggest political Party of Pakistan which is considered the binding force of the federation of Pakistan will plunge Pakistan into complete chaos and disarray. The last straw in the revolution, which will make it easy to divide Pakistan on Ethnic lines. It is not known, whether Pashtun leadership is prepared for the future course of action or not? But, soon very important developments are about to take place which can cause the probable break-up of Pakistan on ethnic-lines. Anticipation and preparation by Pashtuns in advance will minimize the material and human loss to the Pashtun Populations living in areas like Karachi, Quetta and Islamabad. Of course, Pashtuns will face problems in Karachi and Quetta, but with active diplomacy by Americans, these problems can be resolved as they have strong influence on Baluchs in Baluchistan and Urdu speaking Muhajirs in Karachi.

The operations conducted by Pakistan Military have failed completely despite the fact they seemed successful in the beginning. The recent wave of suicide and controlled attacks by Taliban in the three provinces of Pakistan have shown that they are still strong and they can attack any target anywhere in Pakistan with impunity. The weak and demoralized army is fighting a Nationalist Movement in Baluchistan Province on one hand and Taliban on the other hand in Khyber Pakhtunkhwa. After a little bit stability and peace in Afghanistan, the Afghan Nationalists will start supporting their brothers in Pakistan, which will turn this Taliban resistance into PASHTUN NATIONALIST MOVEMENT.

On the other hand ordinary secular-minded Pashtuns have established local Lashkars, in Khyber Pakhtunkhwa, supported by USA. These lashkars are fighting against Taliban for the moment. Awami National Party (ANP), a secular face of Pashtuns, can play a leading role in the future of Pashtun Nationalism, which is already rendering great sacrifices in its fight against Taliban and other extremists elements. But, disappointed and enraged by the atrocities and the state-sponsored-terrorism of the present Military Establishment, dominated by Punjabis, which is killing more civilians than Taliban, they (Lashkars) may turn antagonists rather than allies with the Army and the state of Pakistan.

While the reducing influence of Taliban may turn them into Pashtun Nationalism, the same Taliban with active political and financial assistance from America will shake hands with the Pashtun Nationalists in Pakistan, which will be the first step towards the creation of Greater Pakhtunistan. It is really a tricky question as to how the Taliban extremists will convert into Pashtun secular Nationalists, but the inherent resilience and flexibility of Pashtuns in tough times will give this option a chance. However, the developments on the ground have to be followed with extreme care by the international Community.

It is to be noted here that Taliban extremists and Pashtun Nationalists both consider themselves to be betrayed by Pakistan Army, particularly the ISI. Gulbadin Hikmatyar and other former Mujahedeen commanders have already lost their trust in Pakistan. Hikmatyar in his recent interview with Salim Safi, at a GEO TV program JIRGA on September 13, 2010, has supported all those Taliban who are attacking foreign targets in Pakistan and termed Pakistan a lesser evil. Pakistan ditched him, to support Taliban in Afghanistan. It shows that the former Mujahedin commanders do not consider Pakistan to be a Sacred Cow. On the contrary, he offered Guarantees of peace to US and NATO forces, if they withdraw from Afghanistan. It seems likely that Hikmatyar will play an important role in the future political dispensation of Afghanistan. Other Tajik, Uzbek and Hazara leaders have already distanced themselves from Pakistani authorities, due to its blind support for Taliban before September 11, 2001. Mullah Abdul Salam Zaeef, a founder of the Taliban in 1994 and former ambassador to Pakistan, in his book named “My Life with the Taliban”, has criticized Pakistani authorities as betraying him, by capturing and handing over to Americans, despite his diplomatic immunity as an Ambassador

The arrests of Abdul Salam, the Taliban’s leader in Kunduz, and Mullah Mir Mohammed of Baghlan in Akora Khattack, the capture of Mullah Abdul Ghani Baradar, the Taliban’s military commander and the deputy to Mullah Muhammad Omar and some other top Taliban commanders in Karachi have dismayed Taliban. Taliban feel betrayed by the double-timing of Pakistani Military and they can join the resistance movement of Pashtun Nationalists in Pakistan in the near future, fighting for carving out a purely Pashtun Secular State consisted of Pashtun dominated areas of Afghanistan, Pakistan and Iran. This state of Pashtun can only be a guarantee of peace and stability in this region. Could the political and security analysts, think in their wildest dreams that this nationalism which appears to be taking shape in Afghanistan and Pashtun dominated areas of Pakistan, is directed not against Americans but Pakistan?

While in trance of Pashtun Nationalism, Pashtuns will not have more interest in Northern Afghanistan, so the Tajik dominated Afghan Army will easily take control of Northern Afghanistan making a new Tajik state. The presence of American bases both in Greater Pakhtunistan and Northern Tajik state will provide stability in the region

Until and unless, a state for Pashtuns is created, where they can live according to their traditions and customs, we cannot see a stable south Asia, central Asia and Middle East. American should keep in mind and think over it, as without peaceful and tamed Pashtuns, one cannot think of peace and stability in this region which is a big hindrance in developing link with central Asian mineral rich states, and transferring these minerals through Afghanistan via Gavadar sea Port of the future State of Baluchistan or the future Hong Kong (Karachi) to the countries of the world and vice versa.

Pakistan has become so weak that it has virtually handed over the de facto control of Gilgit & Baltistan to CLA. The construction of permanent military barracks by Chinese Army in GB, shows the real future intentions of China. Selig Harrison, an American expert on Asia, in his article published in New York Times, has termed it a dangerous development which will have negative implications for American interests in the region. Soon, Pakistan is going to hand-over the control of Gawadar to China, to counter American-supported Baloch Liberation Movement. The volcanic situation in Pakistan is best summarized by Dr. Muzaffar Iqbal in his article, appearing in the The News of September 24, 2010, which says, “One cannot think of any reason other than Pakistan and Iran to be the cause of prolonged American presence in Afghanistan. Pakistan is being dismembered chip by chip; in fact, it will not be wrong to say that Pakistan is now like a volcano already simmering. It will take very little for the lava to gush out, taking with its volcanic fury the entire country: from the ethnic violence to sectarian feuds and from the economic meltdown to random violence, all scenarios for the last and final fury are looming on the horizon”.

The phenomenon of double timing will continue between Pakistan and American, as Pakistani Military still consider some Taliban like the Haqqani Network to be a strategic Asset and will continue to bleed American and NATO forces in Afghanistan. But, Americans will also not sit idle and they are not sitting idle by actively supporting the TTP to weaken Pakistan to bring it to term with the new realities of the fast changing world. Or worst, to balkanize it in the near future. The religious motivated war is rapidly changing into Nationalist freedom struggle of Pashtuns who are fighting for their true identity, free from extremism and terrorism based on the centuries old traditions of Pakhtunwali. And the new reality is written on the wall for Pakistan, as the very Army which is suppose to defend the borders of Pakistan is putting colors into the Map of Ralph Peter s Blood Borders to realize the dream of dismantling the unjust and un-natural borders and create new states which will be better for the International peace and security.

Pakistan heads towards a bloody Revolution?

Fazal ur Rehman Afridi

Unable to recover from the worst catastrophe of its 63 years history, Pakistan is faced with a serious challenge in the days to come. But, political analyst and observers believe, the worst has yet to come. After recovering from the shock and emergency relief efforts, the people will find themselves in a real problematic situation where they will find ruins of what they owned and massive destruction all around. Inefficient government lacking political will and disinterested establishment to rehabilitate the people are playing politics on the dead bodies of the victims by launching dirty vilification campaign against each other in the print and electronic media. This resembles the same situation when Rome was burning, Nero was playing violin.

Some political observers term it a follow-up to a phenomenon just like French Revolution (1789-1799), resulting in evaporation of feudal, aristocratic and religious privileges and embracing of enlightened principals like Liberty, Equality and Fraternity (www.en.wikipedia.org). While French Revolution was for the achievement of the above mentioned objectives, Pakistani masses lack both leadership and goals.

Faced with myriads of problems like terrorism, economic and social problems, masses are really frustrated and have developed psychological problems. Rampant torture and killings have made the people dangerously aggressive and violent, which is resulting in Incidents like Sialkot, when two brothers were brutally tortured and beaten to death by a mob, while police and other spectators were applauding and cheering the murderers. Later the bodies of these teenagers were hanged in front of a police station. This brutal episode shows the barbarity and distrust of the people in the security apparatus and Pakistani Judiciary, resorting to mob-justice time and again (www.observers.france24.com).

Another serious area of concern is the revival of Taliban in the areas where they have been considered weak after successful military operations. The government and military have been weakened considerably due to the destruction of infrastructure and are over-stretched to provide some help to flood victims. Taliban have come out stronger after the floods. This proposition is supported by recent wave of suicide attacks by Taliban-cum-Al-Qaeda-affiliated anti-Shia group, Lashkar-e-Jhangvi.

1. Immediately after the floods, the first alarm bell was rung when 33 people were killed and 50 injured by a suicide bomber at Karbala Gam-e-Shah, Lahore, the capital city of Punjab Province. The enraged Shia-precisionist vent their anger on police, journalists and even rescue workers. Again, the world saw the phenomenon of mob-justice by public, setting ablaze a police station and destroying properties. (Daily The News, September 02, 2010)

2. Second suicide attack was reported at Quetta, Provincial capital of Baluchistan, resulting in the killing of 65 and injuring of 160 of the Shia student processionists of Imamia Students Organization (ISO). The mob reacted in the same way as in Lahore by resorting to indiscriminate firing and destruction of properties. The Quetta attack was more dangerous in the sense as seven journalists were injured in this incident. (Daily Jasarat, September 04, 2010 ).

3. In a similar attack 2 policemen were killed in Peshawar, the provincial capital of Khyber Pakhtunkhwa. In another suicide attack 2 Ahmadis were killed and 5 others were injured in Mardan when they were performing Friday prayer. (Daily Frontier Post, Peshawar, September 04, 2010)

4. Again, in Khyber Pakhtunkhwa, a suicide bomber rammed his explosives-laden vehicle into a police station in the southern city of Lakki Marwat, killing 19 people, most of them security officials. (Daily Dawn, Mon, 06 Sep, 2010)

5. Karachi, the provincial capital of Sindh echoed with firing on a Shia procession near Impress Market. Fortunately, it did not result in death and injury but the phenomenon of Target Killing mainly between two ethnic groups for the control of the city is continuing and hounding the public in Karachi on daily basis- which has brought the economic engine of Pakistan to a stand still.

It is important to note that all these co-ordinated attacks by Taliban and their affiliate groups took place within a short time span of one week, indicate the strength & superiority of Taliban and weakness of the government. But, this is just like scratching the surface. The civil and military establishment is weakened to the extent, that Gilgit Baltistan area has been virtually handed over to PLA of China. 8000-10000 strong Chinese army has the de-facto control of GB, in the guise of helping the flood victims and rehabilitating them. The construction of permanent military barracks by Chinese Army in GB, shows the real future intentions of China. Selig Harrison, an American expert on Asia, in his article published in New York Times, has termed it a dangerous development which will have negative implications for American interests in the region.

When we analyze these dangerous un-controlled developments in the face of the recent historically worst floods and the consequent destruction of infra-structure, it leads us to the conclusion that Pakistan is about to enter an uncharted territory. New horrible developments, one can forecast for the immediate future are partly explained by General Hamid Gul, former ISI chief, in his thought-provoking article published in Daily Jhang on September 02, 2010, “ The situation is really bad. Historical floods have taken away everything, but now the flood of (angry) people is going to sweep away (Pakistan). Nothing will be able to stop this flood of masses…..the situation demands to bury the 63 years old system. I have always been for Soft-Revolution, which seems to be imminent now.”

Retired generals and establishment fed journalists, forwarding the concept of controlled soft revolution are naïve to understand that it cannot be termed revolution at all but Evolution, as there is no concept of soft or hard revolution, it is always bloody. It seems naïve on the part of an experienced General like Hamid Gul to dream of a soft Revolution, despite the fact that the idea of revolution (either soft or hard) presented by him seems to be real and imminent. As, there seems to be lack of leadership and vision, the angry movement can turn into mobocracy, which can result in civil war and unimaginable destruction. A revolution sans leadership lacking vision and goals will plunge the country into chaos and destruction.

So, to cut it short, the establishment fed journalists and political actors who are proposing the idea of Soft-Revolution to destabilize the present democratic set-up, will have to think twice about the consequences of a Revolution. Pakistan Army will not have a country to rule then, as one political scientist put it, “other countries have Armies, Pakistan Army has a country”. Revolution on the French pattern is not possible as Pakistan lack the values, vision and wisdom of the French people, which transformed France for a better tomorrow. If Pakistanis opt for a real revolution, Army, feudals and religious extremists who are presently at privileged position will not have place in the future political dispensation. Baluchistan and Khyber Pakhtunkhwa, already in civil-war like situation- Of course, a revolution can result in Balkanization of Pakistan.

FRANCE IN THE GRIP OF POLITICAL AND DIPLOMATIC CRISIS

Fazal ur Rehman Afridi

Leaving the hot summer holidays behind, President Nikolas Sarkozy is faced with a bit hotter political situation at Elysee, Paris. Prime Minister Fracois Fillion is doing his best to defend the internal security policies elaborated by Sarkozy earlier: still he is facing immense difficulty in persuading majority of the Members of Parliament on this polemic issue.

The forced deportation of a thousand Roma Community members to Romania and Bulgaria by chartered plans after Grenoble episode has strained France relationship with EU and UN Human Rights forums and stained the image of France as righty put by Dominique de Villepin.

France's crackdown on its foreign Roma population came under fire from all sides of the political and social spectrum recently as pressure mounted on the government to abandon its plan to repatriate hundreds of Roma people to their native countries.

European Commission against Racism and Intolerance expressed its deep concern over France's tactics of exclusion of Roma. The Committee on the Elimination of Racial Discrimination (CERD), of United Nations has called on France to stop the mass returns of Roma. The interior minister, Brice Hortefeux, however shrugged off the criticism by terming it opposition from a left-leaning elite of Paris which is out of touch with the mood of mainstream society.

Foreign Minster Bernard Kouchner defended the policies earlier, but after deep resentment and strong protests by the European Commission and UN watch dog on Racism, he seems to be helpless. Frustrated of course, he is thinking about resigning as it is becoming difficult for him with every passing day to defend the internal and sometimes external policies carved out by Sarkozy. The fact that most of the French support these so-called security measures of the government as confirmed by peoples opinion poles, make it difficult for world community to pressure it to refrain from such moves.

Moreover, the policy of penalizing parents for the delinquents youth, revocation of the citizenship of foreigners who deliberately attack the police force and persons involved in polygamy, has also caused widespread criticism. The full veil or Burqa issue is on the back-burner for the time being, as ban on complete-veil has been adopted in the National Assembly earlier and waiting to become a law after a vote in Senate.

In the wake of mounting pressure from the main opposition Party PS on the issue of security, the prime Minster has confirmed that there are some problems with the security policies adopted by the government and seems difficult to defend some them. Matine Aubry, the First Secretary of the Socialist Party (PS) is on offensive by introducing her own version of soft approach of prevention, dissuasion and sanction, to reduce crimes in French society. Resistance to the changing of retirement age from 60 to 62 years by PS is another issue which divide the two main parties. Political Analysts term it a preparation for the Presidential elections of 2012 for which Martine Aubry has emerged as a strong candidate against Nikolas Sarkozy. Left-leaning PS believe in empowering the police and Judicial system rather than resorting to repressive measures resulting in alienation of public.

On diplomatic front, the August 25, Foreign policy speech at the 18th Conference of Ambassadors, Sarkozy reaffirmed French commitment to remain in Afghanistan, despite pressure from certain circles on account of deaths of French soldiers and completely strange and difficult conditions in Afghanistan. Lack of experience and communication with region make it difficult for French soldiers to work effectively. Concern was expressed on the double timing of Pakistan on the war on terrorism, which has resulted in big human and material losses for Allied forces in Afghanistan. France with a 3750 strong army, fighting shoulder to shoulder with American and allied forces is committed to fight terrorism in all its forms.

On the issue of Nuclear civilian energy transfers to countries in need, he made it clear that France is not against the transfer of civilian nuclear technology for peaceful purposes under the supervision of IAEA. Despite American concerns regarding civilian nuclear technology transfers, France's soft-attitude on this sensitive issue is largely due to the fact that she is interested in civilian nuclear technology co-operation with a number of countries like UAE, with which it has signed Mega-deals. France expects to sign more deals ranging in billions of Euros. But, countries like China and Pakistan can object to such deals, as both the countries have signed an agreement for two nuclear power plants to be constructed in Pakistan. Americans have objected to this deal, sighting security concerns and lack of transparency.

The French head of the State expressed his hope that a peace deal is possible between Israel and Palestinian Authority within a year. This shows France's commitment and interest for the peaceful resolution of this conflict. He confirmed firmness and sanctions against Iran but expressed France's readiness for dialogue. Sarkozy outlined the French priorities and proposals for changes into international financial instruments and frameworks at the G-20 forum. France is expected to head G-20 in November this year.

The economic crisis which has affected the world and Europe has forced France to take austerity measures in different sectors. Cut in allocations for foreign missions have created anxiety and un-ease in the diplomatic corps of France. Feeling the pinch hard, One Ambassador of France in Senegal has already resigned and others are in apparent un-ease as government has reduced the budgetary appropriations to Embassies abroad. Government funded French cultural Centres are facing eminent closure and scholarships for foreign engineering students have been slashed, which will damage the French political and cultural influence in the African countries considerably in the long run. Non-utilization of such instruments will result in receding French influence in face of the strong cultural offensive of Chines and German foreign missions in this continent.

The foreign policy evolved during Sarkozy's mandate as head of the state is under attack as he laid out his new priorities in an emphatic speech of August 25, lacking substance: a routine annual stunt. Critics have termed it a policy lacking strategic thinking and full of errors. The internal security policy, heading in the wrong direction is under fire both by political analysts and PS, the main opposition party of France.

The Human Rights Crisis in Northwest Pakistan

Fazal ur Rehman Afridi

The recently unveiled report titled “As If Hell Fell On Me”, by Amnesty International (AI), depict a horrifically dismal picture of the Human rights situation in Northwest of Pakistan, with particular emphasis on atrocities committed by the security forces of Pakistan and Taliban. The report is a red-card by Amnesty handed over to Pakistan- playing foul in the field of Human Rights. Focusing mainly on the deteriorating Human Rights situation in Federally Administered Tribal Areas (FATA), Amnesty was having no choice but to declare FATA to be a Human Rights Free Zone. Keeping in view the stature of Amnesty as defender of the Human Rights on International level, this report can work as an eye opener for the Western World, which is hesitant to declare Northwest of Pakistan a war zone mainly due to political hypocrisy and vested interest. The report is not complete and comprehensive partly due to the fact that the representatives of Amnesty International were not allowed to enter FATA to directly meet, talk, investigate and interrogate the people and the security forces: to assess the situation on the ground objectively by itself.

The current sporadic and continuous low intensity fighting in FATA and Northwest of Pakistan represent a war theater. A war zone far more dangerous and bloodier than Afghanistan and Iraq resulting in dozens of casualties on daily basis. The astronomical human and material cost of this ongoing strife has pushed Pakistan hard enough to overtake Afghanistan and Iraq. Mass graves discovered at different locations in Swat as confirmed by HRCP, AI and HRW: reminds of the Serb genocide of 1995 in the city of Srebrenica in Bosnia & Herzegovina. Many more undiscovered Mass-graves are waiting to be unearthed, if and when International Human Rights Organizations will be allowed to enter FATA.

The magnitude and scale of torture, killing and forced disappearances by Military Establishment of Pakistan dwarfs the Chilean Dictator, General Augusto Pinochet. The Supreme Court of Pakistan is powerless, as its orders to produce missing persons before the court for trial are thrown into dustbin by Military Establishment.

The situation is pathetically dismal in areas of Freedom of expression and liberty of the Press. Pakistan holds the unenviable top position in the world with the highest number of journalists killed so far this year. Khyber Pakhtunkhwa, Balochistan and FATA are lawless with complete break-down of Law & order. Government security agencies and Taliban show scant respect for the rule of law and supremacy of the constitution.

A brief description of Human Rights violations by Taliban and the governemt of Pakistan (Military) are enumerated by Amnesty International as under:

TALIBAN ATROCITIES:

1. Many of the Taleban’s acts constitute crimes under international law. They are also crimes under Pakistan’s law but in the absence of suitable judicial structures and the Pakistan government’s inability or lack of will to protect the local population from such crimes, these crimes have been committed with impunity”. The Pakistan-based Institute for Peace Studies (PIPS), and the International Institute for Strategic Studies, have both estimated more than 11,000 Casualties in 2009 only in North-West of Pakistan.

2. In 2008 and 2009, Amnesty International documented 114 cases of attacks by the Taleban against locally prominent persons, including government officials, tribal leaders allied with the government, Journalists, aid workers and human rights activists. These attacks resulted in at least 256 deaths of civilians belonging to the aforementioned groups.

3. Taliban have imposed a strict social codes on civilians, forcing men to wear long Beards, wear caps, perform prayers and women to wear full veils or burqas. These and other actions are abuses of a whole range of human rights of local residents, including to life, to liberty and security of the person, to non-discrimination, freedom of expression, religion, association and movement, and the prohibition of torture and ill-treatment.

4. The Taleban have systematically abused the right to life, and to freedom from arbitrary detention, torture, gender, religious, and ethnic discrimination, and the right to free expression—among other internationally recognized human rights”, the report says.

HUMAN RIGHTS VIOLATIONS COMMITTED BY PAKISTANI GOVERNMENT (MILITARY):

1. Pakistan has deployed tanks, artillery, jet fighters and bombers, helicopter gunships, and thousands of regular military troops to FATA for the first time in the history of Pakistan. The research conduct by Amnesty International shows that the Pakistani military has not taken sufficient care to minimize the risk to civilians, often resorting to indiscriminate or disproportionate force in its operations. Pakistani government forces have detained hundreds, if not thousands, of FATA residents on suspicion of cooperating with the Pakistani Taleban.

2. Cedible media reports suggest that some 2,500 people were in detention in the first half of 2010…the numbers subjected to enforced disappearances could be much higher. These detainees are not held under any clear legal framework under Pakistan’s law, the report confirms. Hundreds of thousands of FATA’s nearly four million residents have fled the increasing brutality of the Pakistani Taleban and of the government’s military response.

3. Amnesty International has documented multiple instances of the military blocking members of the Mehsud tribe from using major roads to flee the conflict zone during its military operation of Rah-e-Nijat in South Waziristan.

These violations presented by Amnesty International is just like scratching the surface. Now, I would like to see as to which International mechanism exists, through which the Taliban and Military commanders who committed and ordered these abuses and brutalities to be brought to justice at an appropriate time. The following International Criminal, Human Rights and Humanitarians laws and other UN conventions have been violated:

Under international criminal law (ICL), individuals may be held criminally responsible for certain violations of international human rights law (IHRL), such as torture and enforced disappearance, for crimes against humanity and genocide, and for serious violations of International Humanitarian Law (IHL), such as war crimes. International human rights law applies both in peacetime and during armed conflict and is legally binding on states and has implications for non-state actors.

International humanitarian law (IHL) also known as the law of armed conflict, is binding on all parties to an armed conflict (regardless of whether the conflict is international or non-international), including non-state armed groups.

The 1948 Universal Declaration of Human Rights (UDHR), though not itself a binding treaty, articulates some of the most basic rights that all UN member states pledge to promote and protect pursuant to the Charter of the United Nations. A number of the UDHR provisions, including the prohibition on discrimination and the right to equality before the law, prohibition on torture and other ill-treatment, and the right to fair trial by an independent and impartial tribunal are violated by the government of Pakistan.

Under the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) , Pakistan is required to ensure that women enjoy equal rights and access as are provided to men in a range of fields such as holding public office, education, employment, health care, other areas of economic and social life CEDAW requires Pakistan to accord to women equality with men before the law, including a legal capacity in civil matters identical to that of men and the same opportunities to exercise that capacity, and equal treatment in all stages of procedure in courts and tribunals. The draconian black law of Frontier Crimes Regulation (FCR) imposed on FATA residents clearly violets CEDAW and UDHR as most of its articles particularly Clauses 21, 22, 40 FCR are barbaric medieval-aged interpretation of laws. Under the clause of collective responsibility, tribesmen are arrested and sentenced some times for 14 years without trial in the courts of Pakistan for the crimes they have not committed. A women can be imprisoned without any trial before any court of law, without a right to appeal: if her husband or father-in-law accuse her of extra-marital relationship. Hundreds of children are languishing in prisons for the crimes they have not committed under 40 FCR in contravention to the Convention on the Rights of the Child.

The Constitution of Pakistan of 1973 explicitly excludes FATA from the legal, judicial and parliamentary system of Pakistan, including barring residents from full representation in parliament and bringing appeals to a higher courts of Pakistan. One does not understand as to how a state can maintain its membership of UN when its laws and Constitution clearly violate all International Human Rights instruments, treaties, laws and conventions.

“Finally, it is worth recalling that members of the Pakistan government or army and the insurgency movements may be subject to criminal prosecutions under international criminal law, in relation to war crimes, crimes against humanity, or other crimes under international law” Amnesty International confirms.

This statement of Amnesty International which clearly put the responsibility on the government of Pakistan or Army and the Taliban should be taken seriously by US, EU and relevant institutions like International Court of Justice (ICJ) to take measures to bring the culprits to justice, otherwise the world will witness a genocide in comparable in the history of Mankind.

I fully appreciate the efforts of Amnesty International for documenting this report with razor-beam focus on violations of IHRL, IHL, UDHR, CEDAW, CRC and the relevant Geneva conventions in Northwest of Pakistan, particularly FATA.

But, inspite of dozens of reports and mountains of information piled up by Human Rights Watch, Amnesty International and Human Rights Commission of Pakistan: analysis by think-tanks like Rand and Council for Foreign Relations: the protests, condemnations and reports filed by Press freedom organization like Reporters without Borders(RSF), International Federation of Journalists (IFJ) and World Association for Newspapers (WAN): Annual Human Rights reports both by US and European governments, expressing concern over Human Rights abuses both by the State of Pakistan and Taliban in FATA and Khyber Pakhtunkhwa: no Inquiry under an International Inquiry Commission (my proposal) has been conducted to verify and ascertain the factual situation on the ground which is far more dangerous than reported. A full-fledge war is going on in the Northern Part of Pakistan but still the Western countries are reluctant to declare it a war zone. Northwest of Pakistan needs to be declared a Safe Area under International protection, in order to protect the Pashtun race from ongoing Genocide by Punjabi Military Establishment.

The human rights abuses and violation of IHRL and IHL documented in this report is just a tip of an iceberg. Despite the fact that this effort of Amnesty International is a bold step in the right direction but the international community cannot relieve itself of its main responsibility to make the government of Pakistan accountable for the human right abuses that are taking place under the nose of the military establishment or to put it more precisely, with the active connivance or orders of the higher Command of the Military.

The merciless killing of innocent Pashtun Nation by the Pakistani Military will continue until the International Community act with resolute commitment taking tough measures to bring the higher command of Military to justice by invoking the relevant articles of the IHRL, IHL and Geneva Convention of 1949.

We cannot wait to see the situation convert into just like the tragedy of the Genocide of Srebrenica, Bosnia & Herzegovina or worst in Khyber Pakhtunkhwa and FATA. Unconfirmed reports suggests that more civilians have been killed in violation of International Humanitarian law than one can imagine. It needs to stopped immediately, otherwise the resultant balkanization of Pakistan will be more tormenting and ferocious than one can imagine leaving the un-healing scars of war and destruction dividing Pashtuns and Punjabi communities of Pakistan on blood lines. Again, I would also like to remind the International Court of Justice to take notice of the War Crimes committed by the government of Pakistan and Taliban to bring the culprits to justice.

THE FRONTIER CRIMES REGULATION (FCR)

THE FRONTIER CRIMES REGULATION (FCR)

PAKISTAN

FATA :
Frontier Crimes Regulation (FCR), is presently applicable to the semi-autonomous territory of Pakistan known as FATA, an abriviation for Federally Administered Tribal Areas. Administratively, FATA is divided into seven political agencies namely Bajaur, Mohmand, Khyber, Orakzai, Kurram, North and South Wazirstan, and six Frontier Regions: Peshawar FR, Kohat FR, Bannu FR, D I Khan FR, Tank FR and Lakki Marwat FR.

Professor Arnold J. Toynbee characterizes the region as the “cross-roads” of civilizations. Besides being one of the most important areas of the country mainly owing to its strategic location, it is also one of “the most sensitive areas in Pakistan and indeed in South Asia. It is spread over an area of 27220 square kilometers and forms about three percent of the territory of Pakistan.




Although a part of Pakistan, the writ of the government is weak and in name only in FATA. The British colonial power which had conquered wide swathes of territories in Asia and Africa could not subdue the “Wild West,” regions, straddling a thin wedge between India and Afghanistan Hence they gave them autonomy and kept them as a buffer between British India and Russia.

According to a 1998 national census, FATA has a population of nearly 5.7 million, but presently, according to un-official figures its population is approximately 7 million. The area covered by it is 27,220 sq kms with a porous border of 450 kms with Afghanistan. The literacy rate is 16 per while female literacy is less than one percent. Nearly 66 per cent of households live below the poverty line. According to a WHO report of 2001 nearly 50 per cent of tribesmen are living in abject poverty, 75 per cent have no access to clean drinking water. Problems of infant and maternal mortality are severe.

Before 1956, FCR covered the whole of the NWFP; but through an amendment, the settled districts of the province were exempted from FCR. Similarly, FCR was abolished in 1973 in Balochistan. The rest of the Tribal Areas, namely the Agencies of Mohmand, Kurram, Khyber, Bajaur, Orakzai, North Wazirstan, South Wazirstan, and the adjoining areas of Kohat, Peshawar, Bannu, Lakki , Tank and Dera Ismail Khan Districts were declared as FATA and were covered by the black law of FCR.

The administration of Provincially Administered Tribal Areas (PATA) of NWFP and Balochistan is the direct responsibility of these two provinces. While, FATA is governed directly by the Federal Government.

The Frontier Crimes Regulation (FCR) :

Here is a full text of the Frontier Crimes regulation for the understanding of the interested parties, like students, researchers and journalists etc.

The Frontier Crimes Regulation (FCR) comprises a set of laws enforced by the British Raj in the Pashtun-inhabited tribal areas at the Northwest British India. They were specially devised to counter the fierce opposition of the Pashtuns to British rule, and their main objective was to protect the interests of the British Empire.

The FCR dates back to the occupation of the six Pashtun-inhabited frontier districts by the British in 1848. The regulation was re-enacted in 1873 and again in 1876, with minor modifications.[1]

Article 247 of the Pakistani Constitution provides that no Act of Parliament applies to FATA, unless the president so desires. Only the president is authorized to amend laws and promulgate ordinances for the tribal areas. Some of the provisions described as discriminatory are substantive as well as procedural - e.g. selection of jirga members (section 2), trial procedure in civil/criminal matters (sections 8 & 11), demolition of and restriction of construction of hamlet, village or tower in the NWFP (section 31), method of arrest/ detention (section 38 & 39) security for good behaviour (sections 40, 42), imposition/collection of fine (sections 22-27).[2]

The act has been condemned by senior judges including noted Pakistani Supreme court judge Justice A.R Cornelius as "obnoxious to all recognised modern principles governing the dispensation of justice" in the case of Sumunder vs State (PLD 1954 FC 228).)[2]

THE FRONTIER CRIMES REGULATION, 1901

A Regulation further to provide for the suppression of crime in certain frontier districts

Whereas it is expedient further to provide for the suppression of crime in certain frontier districts;

It is hereby enacted as follows:-

CHAPTER I

PRELIMINARY

1. Short title, commencement and extent.

This Regulation may be called the Frontier Crimes Regulation, 1901; and

It shall come into force at once.

1[3) It shall extend to the areas specified in the Third Schedule, but the Governor may by notification2 in the official Gazette, exempt any such area from the operation of .all or any of its provisions.]

4) Sections 1 to 5, 10, 20, 21, 26 to 28, 31, 32, 36, 37, 56 and 60 to .64 are of general application, but the remaining sections may be enforced, in whole or in part, as the case may be, only against Pathans and Balochis, and against such other classes as the3 [Provincial Government]4, may, by notification in the 5[official Gazette], declare to be subject thereto.

5) A notification under Sub-section (4) may declare a specified class only to be subject to all or any of the provisions of this Regulation in a district or part of a district6.

Explanation. — The word "class", as used in Sub-section (4) and (5) includes any persons who may be collectively described in a notification under this section as persons subject to all or any of the provisions of this Regulation.

2. Definitions. — In this Regulation unless there is anything repugnant in the subject or context

7[(a) "Council of Elders" means -

in relation to Quetta and Kalat Divisions and District Lasbella a Council of three or more persons convened according to the Pathan, Biluch or other usage, as the Deputy Commissioner may in each case direct; and

in relation to other areas, a Council of three or more persons whether officials or otherwise convened by the Deputy Commissioner and presided over by a Magistrate invested with powers under Section 30 of the Code of Criminal Procedure, 1898 (V of 1898);]and

(b) "Deputy Commissioner" includes any Magistrate of the first class appointed by the Deputy Commissioner by order in writing to exercise all or any of the functions or powers specified in the first part of the first Schedule, and also any Magistrate appointed by the 8[Provincial Government] to exercise all or any of such functions or powers;

9[(c) "Commissioner" or "Court of the Commissioner" means the Provincial Government or such officer or officers as the Provincial Government may appoint in this behalf.]

3. Relation of Regulation to other enactments.

The provisions of this Regulation shall take effect in case to which they apply, not with standing anything in any other enactment.

The powers conferred by this Regulation may be exercised in addition to any powers conferred .by or under any other enactment, and, where the contrary is not expressed or implied, other enactments in force in any place in which all or any of the provisions of this Regulation are for the time being in force shall, so far as may be, apply to cases dealt within that place under this Regulation.

CHAPTER II

POWERS OF COURTS AND GFFICERS

4. Additional District Magistrate.

In any district in the whole or any part of which all or any of the provision of this Regulation are for the time being in force, the [Provincial Government]10 may appoint any Magistrate or Magistrates of the first class to be an Additional District Magistrate or Additional District Magistrates, without any limit of time.

Every Additional District Magistrate so appointed shall have all the ordinary powers of a District Magistrate specified in the fifth part of the third schedule to the Code of Criminal Procedure, 1898.

When exercising any of the powers of a Deputy Commissioner under this Regulation, an Additional District Magistrate shall be deemed, for the purposes of this Regulation to be the Deputy Commissioner.

Every Additional District Magistrate shall exercise his powers in subordination to the District Magistrate, and in such cases or classes of cases, and within such local limits as the District Magistrate may, by order in writing, direct.

5. Power of District Magistrate to withdraw or recall cases.

The District 'Magistrate may withdraw any case from, or recall any case which he has made over to, an Additional District Magistrate whether the Additional District Magistrate is exercising jurisdiction with respect to the case as a Magistrate or as a Deputy Commissioner.

If the case may, under the Code of Criminal Procedure, 1898,be referred to another Magistrate competent to inquire into or -try it, the District Magistrate may, instead of disposing of the case himself refer it to such other Magistrate for inquiry or trial, as the case may be.

6. Power to pass sentences of whipping in certain cases.

Where any person against whom, under Section 1, Sub-section (4), this section may for the time being be enforced in convicted by a Criminal Court of an offence punishable under any of the following sections of the11 Indian Penal Code, namely, Sections 304, 307, 324, 325, 326, 376, 377, 382,392 to 399, 427, 428, 429, 435, 436 and 448 to 460, the Court may subject to the provisions of Section 393 of the Code of Criminal Procedure, 189? pass upon him a sentence of whipping in addition to any other punishment to which he may be sentenced.

127. Tender of pardon to accomplices.

Section 337 of the Code of Criminal Procedure, 1898, shall for the purposes of this Regulation, be construed as if –

the words in Sub-section (1) "triable exclusively by the High Court or Court of Session or any offence punishable with imprisonment which may extend to ten years or any offence punishable under Section 211 of the 13Indian Penal Code with imprisonment which may extend to seven years or any offence under any of the following sections of the Indian Penal Code, namely, Sections 216-A, 369, 401, 435 and 477-A", and

the whole of Sub-section (2-A) were omitted.

CHAPTER III

COUNCILS OF ELDERS

8. Civil reference to Council to Elders.

(1) Where the Deputy Commissioner is satisfied, from a police report or other information, that a dispute exists which is likely to cause a blood-feud or murder, or culpable homicide not -amounting to murder, or mischief or a breach of the peace, or in which either or any of the parties belongs to a frontier tribe he may, if he considers that the settlement thereof in the manner provided by this section will tend to prevent or terminate the consequence anticipated, and if a suit is not pending in respect of the dispute, make an order in writing, stating the grounds of his being satisfied, referring the dispute to a Council of Elders, and requiring the Council come to a finding on the matters in dispute after making such inquiry may be necessary and after hearing the parties. The members of he Council of Elders shall in each case, be nominated and appointed by the Deputy Commissioner.

(2) The order of reference made under Sub-section (1) shall state he matter or matters on which the finding of the Council of Elders required.

(3) On receipt of the finding of the Council of Elders under this section, the Deputy Commissioner may -

remand the case to the Council for a further finding; or

refer the case to a second Council; or

refer the parties to the "Civil Court; or

pass a decree in accordance with the finding of the Council, or of not less than three-fourth of the members thereof, on any matter stated in the reference; or

declare that further proceedings under this section are not required.

NOTE

Decree not passed by the Deputy Commissioner in accordance 'with finding of Council of Elders. Held, direction (of Deputy Commissioner) to file suit in Court of competent jurisdiction to be without any lawful14 authority where the F.C.R. was repealed after the decision by Deputy Commissioner and the Commissioner, the case was remanded to the Court of Qazi, Bori-Sanjavi at Loralai, through Deputy Commissioner, Loralai for adjudication according to the Regulation of l97b.15

9. Effect of decree on finding of Council.

A decree passed under Section 8, Sub-section (3), clause (d), shall not give effect to any finding or part of a finding which, in the opinion of the Deputy Commissioner is contrary to good conscience or public policy, but shall – be a-final settlement of the case so far as the decree relates to any matter stated in the reference, although other matters therein stated may remain un disposed of; and have, to that extent and subject to the provisions of this Regulation with- respect to revision, the same effect as a decree of a Civil Court of ultimate resort, and be enforced by the Deputy Commissioner in the same manner as a decree of such a Court may be enforced.

10. Restriction on jurisdiction of Civil Courts.

No Civil Court shall take cognizance of any claim with respect to which the Deputy Commissioner has proceeded under Section 8, Sub-section (3), clause (a), clause (b) or clause (d).

11. Criminal references to Council of Elders.

Where, in the opinion of the Commissioner or Deputy Commissioner, it is inexpedient that the question of the guilt or innocence of any person or persons accused of any offence, or of any several persons so accused, should be tried by a Court of any of the classes mentioned in Section 6 of the Code of Criminal Procedure, 1898, the Deputy Commissioner may or if the Commissioner so directs, shall, by order in writing, refer the question to the decision of a Council of Elders, and require the Council to come to a finding on the question after such inquiry as may be necessary and after hearing the accused person. The members of the Council of Elders shall, in each case, be nominated and appointed by the Deputy Commissioner.

Where a reference to a Council of Elders is made under Sub-section (1) and the members of the Council have been nominated, the names of the members so nominated shall, as soon as may be, be communicated to the accused person, and any- objection which he may then make to the nomination of any such member shall be recorded. The Deputy Commissioner shall consider every objection made by an accused person under this sub-section, and may, in his discretion, either accept or reject the objection, provided that, in the latter case, he shall record his reasons for so doing. The Deputy Commissioner shall, after disposing of any objection made by the accused person, appoint the members of the Council.

On receipt of the finding of the Council of Elders under this section, .the Deputy Commissioner may -

remand the question to the Council for a further finding; or

refer the question to a second Council; or

acquit; or discharge the accused person or persons, or any of them; or in accordance with the finding on any matter of fact of the Council, or of not less than three-fourths of the members thereof convict the accused person or persons, or any of them, of any offence of which the facts so found show him or them to be guilty:

Provided that a person discharged under clause (c) shall not be liable to be retried for any offence arising out of the same facts after the expiry of two years from the date of such discharge.

NOTE

Issuance of process by A.P.O./A.D.C. Waziristan Agency (Tribal Area) Jurisdiction of the High Court not extended to the Tribal Areas (FATA) constituting Waziristan Agency. However the provisions of Section 86-A of the Criminal Procedure Code, 1898, shall have to be complied with after the execution of the warrants and before the removal of petitioner (accused) to the Tribal areas for his production before the Court.16

12. Punishment on conviction on finding of Council.

Where the Deputy Commissioner convicts a person under Section 11, Sub-section (3), clause (d) he may pass upon him any sentence of fine.

Where the Deputy Commissioner so convicts a person of an offence mentioned in the second schedule, he may, whatever may be the punishment prescribed for the offence, sentence the person, in lieu of or in addition to fine, to be imprisoned for a term which may extend' to seven years, or, subject to the provisions, of Section 393 of the Code of Criminal Procedure, 1898, to be whipped or to be whipped and imprisoned for a term which may extend to five years, or to be transported for a term which may extend to seven years, and, where he so convicts a person of an offence punishable with transportation or with imprisonment for a term exceeding seven years, he may, subject to confirmation by the Commissioner, sentence the person to a term either of transportation or of imprisonment exceeding seven years but not exceeding fourteen years;

Provided first, that a sentence of whipping shall not be passed on any person so convicted of an offence under Sections 121, 121-A, 122, 123, 124-A, 125, 126, 127, 144, 150, 216, 216-A, 400, 401, 402,'494, or 495 of the Indian Penal Code:

Provided, secondly, that a sentence of transportation or imprisonment for an offence shall not be for a longer term than that (if any) prescribed for the offence: and

Provided, thirdly, that a sentence of transportation shall not be passed for an offence which is not punishable with transportation or with imprisonment for a term which may extend to seven years or more.

17 [3) In cases of convictions under Section 302 or 396 of the Pakistan Penal Code, the immovable property of the accused shall be liable to forfeiture to the Government].

13. Manner of enforcing sentences.

Any sentence passed under Section 12 shall be executed in the manner provided for the execution of sentences passed by a Court of any of the classes mentioned in. Section 6of the Code of Criminal Procedure, 1898.

For the purposes of Sections 64 to 67 of the Indian Penal Code in reference to a sentence under Section 12 of this Regulation.

an offence punishable with death or transportation for life shall be deemed to be punishable with rigorous imprisonment for a term which may extend to ten years;

the imprisonment in default of payment of fine may be rigorous or simple at the discretion of the Deputy Commissioner.

14. Time for exercising power of reference to Council of Elders.

The powers conferred by Section 11 on the Commissioner and Deputy Commissioner, respectively, may be exercised by them, in cases committed to the Court of Session, at any time before the trial before that Court has commenced, and, in cases pending before any Court inferior to the Court of Session, at any time before an order of conviction or acquittal has been made.

15. Motion by Public Prosecutor in view to reference to Council of Elders.

In any trial before a Court of Session, the Public Prosecutor may, when instructed in writing in that behalf by the Commissioner or Deputy Commissioner, at any time before an order of conviction of acquittal has been made with respect to any accused person, withdraw from the prosecution of such person in order that the case may be referred to a Council of Elders.

The Sessions Judge shall thereupon stay proceedings with respect to such person, and the Deputy Commissioner shall refer the case to a Council of Elders.

16. Case of persons jointly accused of an offence.

The powers conferred by Section 11, as limited by Section 14, may be exercised against and the withdrawal of a prosecution under Section 15 may have reference to one or some only of two or more persons jointly accused of an offence.

17. Powers to set aside orders making or refusing to make references to Council of Elders.

The Deputy Commissioner may, if he thinks fit, at any time reconsider and set aside any order of the Deputy Commissioner under this Regulation –

(a) directing reference to a Council of Elders, or

(b) refusing to make such a reference.

18. Recommendation of Council of Elders.

Where a Council of Elders to which a reference has been made under this Regulation makes any recommendation to which effect might be given if it were a finding on a matter or question referred to the Council under this Regulation, the Deputy Commissioner may, if the recommendation effects a person mentioned in the order of reference and is relevant to the matter or question actually, referred, deal with the recommendation or any part of it as if it were a finding under Section 8 or Section 11:

Provided that no decree or sentence may be passed on any 'such recommendation as aforesaid against any person who has not had the /claim or charge fully explained to him and been given an opportunity of entering upon is defence in regard thereto.

Where the Deputy Commissioner deals with a recommendation under Sub-section (1), he may pass any such decree as is authorised by Section 8,or any such sentence as is authorised by Section 12, Sub-section (1), and the decree or sentence shall have the same effect and be enforced in the same manner as if it were a decree or -sentence passed under Section 8 or Section 12, Sub-section (1), as the case may be.

19. Record of Deputy Commissioner.

Where the Deputy Commissioner passes, under this Chapter a sentence of fine exceeding two hundred rupees, or of imprisonment for a term exceeding three months, or of transportation, he shall make a record of the facts of the case of the offence committed and of his reasons for passing the sentence.

The record shall be made by the Deputy Commissioner in English and in his own hand, unless for any sufficient reasons he is prevented from so making it, in which case he -shall record the reason of his inability and shall cause the record to be made from his dictation in open Court.

20. Attendance of parties and witnesses before Deputy Commissioner Council of Elders.

Where a reference is made to a Council of Elders under this Chapter, the deputy Commissioner may exercise all or any of the powers conferred by the Code of Civil Procedure and the Code of Criminal Procedure, 1898, respectively, as the case may be, for the purpose of compelling the attendance, before -himself or the Council of Elders, of the parties, and witnesses, or any of them, in any case and at any stage of the proceedings.

CHAPTER IV

PENALTIES

21. Blockade of hostile pr unfriendly tribe.

In the event of any frontier tribe, or of any section or members of such tribe, acting in a hostile or unfriendly manner towards the British Government or towards persons residing within British India, the Deputy Commissioner may with the previous sanction of the Commissioner, by order in writing, direct.

the seizure, wherever they may be found, of all or any of the members of such tribe and of all or any property belonging to them or any of them",

the detention in safe custody of any person or -property so seized and; the confiscation of any such property;

and may, with the like sanction by public proclamation;

debar all or any member of the tribe from all access into 20British India; and

prohibit all or any persons within the limits of 20British India from all inter-course or communication of any kind whatsoever, or of any specified kind or kinds with such tribe or any section or members thereof.

22. Fines on Communities accessory to crime.

Where, from the circumstances of any case, there appears to be good reason to believe that the inhabitants of any village, or part, of a village, or any of them, have -

connived at, or in any way abetted, the commission of an offence; or

failed to render all assistance in their power to discover the offenders or to effect their arrest;

connived at the escape of, or harboured, any offender or person suspected of having taken part in the commission of an offence; or

combined to suppress material evidence of the Commission of an offence; the Deputy Commissioner may, with the previous sanction of the Commissioner, impose a fine on the inhabitants of such village or part of a village, or any of them as a whole.

23. Fines on communities where murder or culpable homicide is committed or attempted. —

Where, within the area occupied by a village community or part of a village-community, a person is dangerously or fatally wounded by an unlawful act, or the body is found of a person believed to have been unlawfully killed, the members of the village community or part there of shall be deemed to have committed an offence under Section 22,unless the headmen of the village-community or part thereof can show that the members thereof –

had not an opportunity of preventing the offence or arresting the offender; or

have used all reasonable means to bring the offender to justice.

24. Recovery of fines. —

Fines imposed under Section 22 4th all in default of payment, be recoverable as if they were areas" of land revenue due by the members of the community or part thereof upon whom the fine is imposed.

25. Forfeiture of remissions of revenue etc. in the case of communities and persons accessory to crime. —

Where a village-community or part of a village-community has become liable to fine under Section 22, it shall further be liable to forfeit, in whole or in part, and for a term or in perpetuity, any remission of land revenue of which it may be in joint enjoyment, and the members of the village-community unity or part thereof, as the case may be, shall in like manner be liable severally to forfeit any assignment or remission of land-revenue or allowance paid out of public funds which they, or any of them, may enjoy.

26. Forfeiture of public emoluments etc. of persons guilty of serious offences or of conniving at crime. —

Where it is shown to the satisfaction of the Deputy Commissioner, that any person who is in the enjoyment of an assignment or remission of land-revenue or allowance payable out of public funds, has been guilty of a serious offence, or has colluded with or harboured any criminal, or has suppressed material evidence of the commission of any offence, or has failed, on the investigation of any criminal case, 'to render loyal and proper assistance to the authorities to the best of his ability, the Deputy Commissioner may, in addition to. any other penalty to which such person may be liable under any law for the time being in force, direct the, forfeiture, in whole or in part and for a term or in perpetuity, of such assignment or remission of land-revenue or allowance, as the case may be.

Explanation. — For the purposes of this section the expression "serious offence" means any offence punishable with transportation or with imprisonment a term which may extend to three years or more..

27. Powers to direct forfeiture. —

Forfeiture under Section 25 or Section 26 may be adjudged by order of the Deputy Commissioner for a term, which may extend to three years, and by order of the Commissioner for any longer term or in perpetuity.




28. Powers of Provincial Government saved. —

Nothing in Sections25, 26 and 27 shall affect the powers of the 21[Provincial Government] with respect to the grant, continuance or forfeiture, in whole or in part, of any assignment or re-mission of land-revenue or of any allowance paid out of public funds.

29. Preparation to commit certain offences. –

Where a person is found carrying arms in such manner 'or in such circumstances as to afford just grounds of suspicion that the arms are being carried by him with intent to use them for an unlawful purpose, and that person has taken precautions to elude observation or evade arrest, or is found after sunset and before sunrise within the limits of any military camp cantonment or of any municipality, he shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both, and the arms carried by him may be confiscated.

30. Adultery. —

(1) A married woman .who, knowingly and by her own consent, has sexual intercourse with any man who is not her husband is guilty of the offence of adultery, and shall be punishable with imprisonment for .a term which may extend to five years, or with Fine, or with both.

22[(2) Cognizance shall not be taken of an offence under this section unless a complaint has been made by the husband of the women or in his absence, by a person who had care of. the women on his behalf at the time when the offence was committed.]

CHAPTER V

PREVENTIVE AND OTHER AUTHORITY AND JURISDICTION

31. Power to prohibit erection new villages or towers on frontier. —No new hamlet, village-habitation, tower or walled enclosure shall, without the previous sanction in writing of the Commissioner, who may, either grant or refuse such sanction as he thinks fit, be erected at any place within five miles of the frontier of23 British India.Where the Commissioner refuses to sanction the erection of any such hamlet, village-habitation, tower or Walled enclosure, as the case may be, he shall record, his reasons for so doing.

32. Power to direct removal of villages. — Where it is expedient on military grounds, the Central Government] may, by order in writing, I direct the removal of any village situated in close proximity to the frontier of 24British India to any other site within five miles of the regional may and award to the inhabitants such compensation for any loss which may have been occasioned to them by the' removal of their village as in the opinion of the [Central Government], is just.

33. Regulation of Hujras and Chauks. — No building of the kind commonly known as "hujra" or "chauk", and no building intended to be Used as a "hujra" or "chauk", shall be, erected or built, and no existing building not now used/as a "hujra" or "chauk", shall at any time be used as such, without .the previous, sanction in writing of, the Deputy Commissioner.Whoever contravenes the provisions of Sub-section (1) shall be punishable with imprisonment; for "a term, which may extend to six months or with fine, or with both.

34. Demolition of buildings 'used by robber etc. — Where the [Deputy Commissioner is satisfied that any building is habitually used as a meeting place by robbers, house-breakers, thieves or bad characters or for the purpose of gambling, he may, by order in writing, prohibit the owner or occupier thereof from so using such building, and, if the order is not obeyed, may, by a like order, direct that the building be demolished. Such further order shall be without prejudice to any punishment to which the owner or occupier of such building may, under any law for the time being in force, be liable for disobedience of the prohibitory order.No person shall be entitled to any compensation in respect of the demolition of any building under Sub-section (1).

35. Naubati chaukidari system. – Where, in the opinion of the Deputy Commissioner, the custom of providing for watch and ward by what are commonly known as "Naubati chaukidars" exists in the case: of .any village-community, "and the village-community, or any part thereof ails to provide .for the due performance of such service, or any member of the village-community fails to perform his duty of watch and ward according to the customary rotation in respect of such duties, the Deputy Commissioner may impose a fine, which may/extend to one hundred rupees in any one case, upon the village-community or part or member thereof so failing as aforesaid.The provision of Section 24 shall be applicable to the recovery of fines imposed on any village-community or part thereof under this section.

Where such custom as aforesaid has not existed or has fallen into misuse in any village-community, the Deputy Commissioner may, with the previous sanction of the Commissioner, by order in writing, direct introduction or revival, as the case may be, and thereupon the provisions of Sub-section (1) shall apply in respect of the village-community.

36. Power to require persons to remove in certain cases. —Where in the opinion of the Deputy Commissioner, any person is a dangerous fanatic; or

belongs to a frontier tribe and has no ostensible means of subsistence or cannot give a satisfactory account of himself; or has a blood-feud; or has occasioned cause of quarrel likely to lead to blood-shed; the Deputy Commissioner may, by order in writing, require him to reside beyond the limits of the territories to which this Regulation extends or at such place within the said territories as may be specified in the order: Provided that, if the person has a fixed habitation in the place which the Deputy Commissioner requires him to leave, an Order under this section shall not be made without the previous sanction of the Commissioner.

37. Penalty for breach of certain orders. — Whoever contravenes the provisions of Section 31, or disobeys an order under Section 21or Section 32, or a prohibition under Section 34, or a requisition under Section 36, shall be punishable with imprisonment for a term which may extend to six months, and shall also be liable to fine which may extend to one thousand rupees.

38. Powers of arrest. — In any place in which all or any of the provisions of this Regulation are for the time being in force.

(i) any private person may,, without an order from a Magistrate and without a warrant, arrest or cause to be arrested, and make over or cause to be made over to a police officer or take or cause to be 'taken to the nearest police station, any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned; and

(ii) Section 48 of the Code of Criminal Procedure, 1898, shall be read as if the following sub-section were added thereto namely:-

"(4) But this section gives a right to cause the death of a person against whom those portions of the Frontier Crimes Regulation 1901 which are not of general application, may be enforced.

if he is committing or attempting to commit an offence, or resisting or evading arrest, in such circumstance as to afford reasonable ground for believing that he intends to use arms to effect his purpose; and

if a hue and cry has been raised against him of his having been concerned in any such offence as is specified in clause (a)or of his committing or attempting to commit an offence, or resisting or evading arrest, in such circumstances as are referred to in the said clause".

39. Arrest without warrant in cases under Section 498, Indian Penal Code. — Where there is reason to believe that a person has committed or attempted or commit an offence punishable under Section 498 of the "Indian Penal Code, an officer in charge of a police station may, without, an order from a Magistrate and without a warrant, arrest that person on the requisition of the husband of the woman, or, in his absence of a person having the care of her on his behalf, or, in the absence of both the husband and any such person as last aforesaid from the village in which the women resides, on the requisition of a headman of the village.A police officer making an arrest under Sub-section (1) shall, without unnecessary delay, take or send the person arrested to the nearest Magistrate having jurisdiction. The Magistrate may, in default of bail being furnished to his satisfaction, detain the person arrested for such period, not exceeding fifteen days, as may be necessary to enable the husband, or, in his absence, a person who had care of the woman on his- behalf, to make a complaint.

40. Security and surveillance for the prevention of murder or culpable homicide or the dissemination of sedition. — Where the Commissioner or the Deputy Commissioner is of opinion that it is necessary for the purpose of preventing murder, or culpable homicide not amounting to murder, or the dissemination of sedition, to require a person to execute a bond, for good behaviour or for keeping the peace, as the case maybe, he may order the person to execute a bond with or without sureties for his good behaviour or for keeping the peace, as the case may be during such period not exceeding three years, as the Commissioner or he Deputy Commissioner, as the case may be, may fix.The Deputy Commissioner may make an order under Sub-section (1) -(a) on the recommendation of a Council of Elders, or

(b) after inquiry as hereinafter provided.

26[(2-A) Pending the completion of an enquiry for the purposes of Sub-section (2), the Deputy Commissioner may, if he considers that immediate measures are necessary for preventing any offence referred to in Sub-section (1) direct the person in respect .of whom the enquiry is to be held, to execute a bond, with or. without sureties, for keeping the peace or maintaining good behaviour for a period not exceeding one month, and detain him in custody till such bond is executed].

(3) Where a person has been convicted in accordance with the finding of a Council of Elders of an offence mentioned in Section 106 of the Code of Criminal Procedure, 1898, or punishable under Section 302, Section304, Section 307 or Section 308 of the 27Indian Penal Code, the Deputy Commissioner at the time of passing sentence, or the Commissioner at the time of revising the sentence, may make an order under Sub-section (1) with respect to that person.

(4) Where the Deputy Commissioner makes an order under Sub-section (1) on the recommendation of a Council of Elders, he shall record his reasons for acting on the recommendation.

(5) Where the Commissioner or the Deputy Commissioner is of opinion that sufficient grounds exist for making an order under Sub-section (1) he may, either in lieu of or in addition to such order, by order in writing, direct that the person concerned shall notify his residence and any change of residence in the fanner prescribed by Section 565 of the Code of Criminal Procedure, 1898, during such term, not exceeding three years, as may be specified in the order.Matter not adjudicated upon by the Deputy Commissioner in accordance with Section 8(3)(d): of Frontier Crimes Regulation. Commissioner too failing to exercise authority vested in him under law in not deciding Revision Petition according to law. Orders passed by the Deputy Commissioner and Commissioner set aside through Constitutional Petition.28

41. Security from families or factions in case of blood feud. —

Where a blood-feud or other cause of quarrel likely to lead to blood-shed exists or, in the opinion of the Deputy Commissioner, is likely to arise between two families or factions, the Deputy Commissioner may, on the recommendation of a Council of Elders, or, after inquiry as hereinafter provided, order all or any of the members of both families or factions or of either family or faction to execute a bond, with or without sureties, for their good behaviour or for keeping the peace, as the case may be, during such period, not exceeding three years as he may fix.

42. Procedure in inquiry. — An inquiry for the purposes of Section 40 Sub-section (2), or Section 41, may be conducted, so far as may be necessary out of Court Provided that a person from whom it is proposed to require a bond under Section 40, or the principal members of a family or faction from which it is proposed to require a bond under Section 41, shall be given an opportunity of showing cause in Court why a bond should not he required arid of having his or their witnesses examined there, and of cross-examining any witness not called by himself or themselves who may testify there to the necessity or otherwise for the execution of a bond.Sections 112, 113, 115 and 117 of the Code of Criminal Procedure, 1898, shall not apply to an inquiry under this section, but the Deputy Commissioner shall record his order with the reasons for making it.

43. Breach of bond. — A bond executed under Section 40 shall be liable to be forfeited if the person bound thereby to be of good behaviour or to keep the peaces, as the case may be, commits or attempts to commit, or abets the commission of, any offence punishable with imprisonment.A bond/executed under Section 41 shall be liable to be forfeited if the person bound thereby .to be of good behaviour or to keep the peace, as the case may be, commits or attempts to commit, or abets the commission of, any offence punishable with imprisonment in respect of any member of the opposite family or faction to which the bond related.If, 'while a bond executed under Section 41 is in force, the life of' any member of either family or faction is unlawfully taken or attempted, the Deputy Commissioner may declare the bond of all or any of the, members of the other family or faction and their sureties (if any) to be forfeited, unless it is shown to his satisfaction that the homicide or attempt was not committed by, or in consequence of the abetment of, any member of that family or faction.

44. Imprisonment in default of security. — Where a person ordered to give security under Section 40; or Section 41 does not give security on or before the date on which the period for which the security is to be given commences; he shall be committed to prison, or, if he is already in prison, be detained in prison until that period expires, or until within that period he furnishes the required security.Imprisonment for failure to give security under this Chapter may be rigorous or simple as the offence requiring the security directs in each case.

45. Length of imprisonment. — Where a person has suffered imprisonment for three years for failure to give security under Section 40 or Section41, he shall be released and shall not again be required to give security unless a fresh order is passed in accordance with the provisions of this Chapter or of the Code of Criminal Procedure, 1898.

46. Further Security. — 1) Where a person has, under the provisions of this Chapter, given security or been imprisoned for failure to give security, he may be brought before the Deputy Commissioner, if on the expiry of the period for which security was required to be given the Deputy Commissioner so directs.(2) Where the Deputy Commissioner thinks it necessary, for the purpose of preventing blood-shed, to require security for further period from any person so brought before him, he shall record proceeding to that effect.3) The proceeding may be founded on the facts on which the original order to give security was founded, and it shall not be necessary to prove any fresh facts to justify an order to give security for a further period under this section; but such an order, if passed shall have the same effect and be enforced in the same manner as an original order to give security under Section 40 or Section 41.

(4) Notwithstanding anything in this section, no person shall suffer, for failure to give security under this Chapter continuous imprisonment for more than six years or, without the sanction of the Commissioner for more than three years.

47. Modified applications of Chapters VIII and XLII, Act V of 1898. Where, within the territories in which all or any of the provisions of this Regulation are for the time being in force, it is found necessary or expedient to take security under this Regulation from Pathans or Baluchis or any other classes against whom all or any of the provisions of Section_40 to 46 may for the time being be enforce, the provisions of Chapters VIII and XLII of the Code of Criminal Procedure, 1898, shall be read as if for the words "High Court", "Court of Session" and "Sessions Judge" wherever they occur, the word "Commissioner" were substituted, and all references to any such Courts shall be deemed to refer to the Court of the Commissioner.Subject to the provisions of Sub-section (2) of Section 42 and Sub-section (1) of this section, the provisions of the said Chapters of the Code of Criminal Procedure, 1898, shall, so far as they are consistent therewith, be applicable to every proceeding under this Chapter relating to the taking of security; but all applications for revision in respect to any such proceeding shall be made to, and be disposed of by, the Commissioner.

CHAPTER VI

APPEAL AND REVISION

48. Appeals barred. — No appeal shall lie from any decision given, decree or sentence passed, order made, or act done, under any of the provisions of this Regulation.

49. Revision. – The Commissioner may call for the record of any proceeding under this Regulation and revise any decision, decree, sentence or order given, passed or made therein.

50. Powers in exercise of criminal revisional jurisdiction. — The Commissioner may, in the exercise of his revisional jurisdiction in any criminal proceeding, exercise the power to direct tender of pardon conferred by Section 338, and any of the powers conferred on an Appellate Court by Sections 195, 423, 426, 427 and 428 of the Code of Criminal Procedure 1898, and may-also enhance any sentence.Provided that nothing in this Chapter shall be deemed to authorize the Commissioner to set aside the finding on any question of fact of a Council of Elders, where such finding has been accepted by the Deputy Commissioner, unless he is of opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been so conducted as to occasion a miscarriage of justice.

51. Sentences which may not be passed on revision. — No sentence shall be passed by the Commissioner in the exercise of his revisional jurisdiction, which the Deputy Commissioner could not have passed under this Regulation.

52. Powers in exercise of civil revisional jurisdiction. — Nothing in this Chapter shall be deemed to authorize the Commissioner to vary or set aside any decision, decree or order given, passed or made in any civil proceeding under the Regulation, unless he is of opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been so conducted as to occasion a miscarriage of justice or that the decision, decree or order is contrary to good conscience or public policy.

53. Record of reasons. — Where, in the exercise of his revisional jurisdiction in any proceeding under this Regulation, the Commissioner varies or sets aside any decision, decree, sentence or order, he shall record his reasons for so doing.

29[54. Procedure where the decision, etc. to be revised was given by the officer invested with revisional jurisdiction as Deputy Commissioner.—

No officer shall revise -any decision, decree, sentence, or order given, passed or made by himself in the capacity of Deputy Commissioner.Where any such decision, decree, sentence or order is brought to the notice of an officer invested with revisional jurisdiction under this Regulation with a view to the exercise by him of revisional powers such officer shall report the case to the Provincial Government and it shall be disposed by of the Provincial Government or by an officer other than the reporting officer, appointed by the Provincial Government.]

55. Enforcement of orders made on revision. — Every order made by the Commissioner in exercise of his revisional jurisdiction shall been forced as if it were an order of the Deputy Commissioner or DistrictMagistrate, as the case may be, and the Deputy Commissioner or District Magistrate shall do all acts and things necessary to give effect thereto.

CHAPTER VII

SUPPLEMENTAL PROVISIONS

56. Recovery of fines, etc., from relatives of person liable. — Where by a decree passed under Section 8 or by a sentence passed under Section 12, any person belonging to a frontier tribe becomes "liable to pay a fine or other sum of money, the Deputy Commissioner may, I on the recommendation of a Council of Elders and on satisfying himself, that such a course is in accordance with local tribal custom, by order in writing, direct that the amount shall be recovered from the property movable or immovable, of such of the relatives of fellow tribesmen of the person so liable as may be specified in the order.

57. Power of Deputy Commissioners to order disposal of certain fines.

The Deputy Commissioner may make such order as he thinks fit for the disposal of the proceeds of any fine imposed under Section12, Section 18, or Section 22, and, subject to any order made by the Commissioner under Chapter VI, the proceeds shall be disposed of accordingly.Where, in pursuance of an order made under Sub-section (1), a person has received compensation for an injury out of the proceeds of a fine, so Civil Court shall take cognizance of a claim to compensation based on the same injury.

58. Maintenance of registers. –

Registers shall be kept up, in forms to be approved by the 30[Provincial Government], of all cases dealt with by the Deputy Commissioner and by the Commissioner under this Regulation.

59. Jurisdiction of ordinary Courts in cases under Sections 29, 30 and 37.

An offence punishable under Section 29 or Section 30 maybe tried by a Court of Session or by the Court of a Magistrate of the first class. An offence punishable under Section 37 may be tried by any Magistrate of the first class.

60. Finality of proceedings under Regulation. —

Except as therein otherwise provided, no decision, decree, sentence or order given, passed or made, or. act done, under Chapter III, Chapter IV, Chapter V or Chapter VI, shall be called in question in, or set aside by, any Civil or Criminal Court.

61. Application of provisions of Indian Penal Code respecting fines and imprisonment. —

The provisions of Section 61, and those of Sections63 to 74, of the 31Indian Penal Code, shall, subject to the provisions of Section 13 of this Regulation, apply to sentences passed under this Regulation.

62. Power, to make rules. —

The 32[Provincial Government] may make33 rules to carry out the purposes and objects of this Regulation.

The court-fee required under the rules framed by the Agent to the Governor-General and Chief Commissioner of Baluchistan through Order No. 1833-V dated the 5th June, 1936 on any document pertaining to criminal cases, or civil cases involving amount not exceeding Rs. 25,000/- are now no longer to be levied with court-fee from 1st August, 1978.Gazette of Baluchistan, Extraordinary, 15th January, 1979.

34[62-A. Power to make rules for the issue and safe custody of rifles and ammunition and for the imposition and recovery of fines.

The 35[Central Government] may make rules for the issue and safe custody of rifles and ammunition for border village defence, and for the imposition and recovery of fines for any breach of such rules. Fines imposed for a breach of the rules made under this section may be recovered in the manner laid down in Section 386 of the Code of Criminal Procedure, 1898].

63. — No suit or other legal proceeding shall lie against any person for anything done, or in good faith intended to be done, under this Regulation.

64. Protection for persons acting under Regulation. —

[Repeal.] Repealed by the Repealing Act, 1938 (I of 1938), Section 2 and Schedule.

THE END

NOTE: Resently, some changes have been introduced not yet enforced in FCR by President Asif Ali Zardari but they are cosmetic in nature.