ISLAMABAD: The Supreme Court on Wednesday directed the Federal Government to submit its response in a case challenging 25th Constitutional Amendment.
A three-member SC bench comprising Justice Umar Ata Bandial, Justice Munib Akhtar and Justice Sajjad Ali Shah heard the case. The 25th Constitutional Amendment was passed by the Parliament in May 2018 under which the erstwhile Federally Administered Tribal Areas (FATA) were merged in the Khyber Pakhtunkhwa province.
The constitutional petition was filed by elders and Maliks of the former tribal areas through Barrister Wasim Sajjad.
During the course of proceedings, the bench asked how the amendment regarding the merger of FATA, which was administered by the Federation, with a province was approved.
Waseem Sajjad said the wording was changed in the 25th Amendment.
Justice Munib Akhtar said the merger of Provincially Administered Tribal Areas (PATA) into the provinces was possible because they were already their part.
He asked what was the procedure for the merger of FATA with the province.
Waseem Sajjad said the constitutional status of the tribal areas was abolished, which was against the basic structure of the Constitution. No constitutional amendment could go against the basic structure of the Constitution, he added.
He said that the provincial assembly passed the bill without seeking the governor's approval while the president approved the bill directly.
The Additional Attorney General said the amendment did not affect any fundamental rights of the tribal areas.
He said the petition was not maintainable under Article 184/3, and the government wanted to submit written objections in that regard, which the court allowed.
Later, the case was adjourned for a month.
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