ISLAMABAD: The Supreme Court rejected on Monday a petition seeking cessation of US drone strikes in tribal areas.

A three-judge bench headed by Justice Mian Saqib Nisar dismissed the petition of Syed Mohammad Iqtidar on the grounds that it did not fall within the ambit of Article 184(3) of the Constitution which deals with the jurisdiction of the Supreme Court for enforcement of fundamental rights.

The petitioner contended that the Pakistan Air Force was duty-bound to shoot down the unmanned aerial vehicles flying over Pakistan’s territory to protect its citizens. He said tribal areas were part of Pakistan and if drone attacks were not stopped in Federally Administered Tribal Areas (Fata), these might also occur in Lahore, Peshawar and other cities of the country. The court, however, remarked that it could not issue direction for starting war to stop the drone attacks.

This is not the first time that the apex court has dismissed the petitions against drone attacks. On Sept 4, 2013, former chief justice Tassaduq Hussain Jillani had rejected a similar petition filed by Wukala Mahaz Barai Tahafuz-i-Dastoor of Dr Mohammad Abdul Basit with an observation that matters relating to defence, security of the country and foreign policy did not fall within the judicial domain warranting interference by high courts.

Any such interference by courts would be violative of one of the principles of the Constitution which envisages a trichotomy of powers between the legislature, the executive and the judiciary, the former CJ had observed.

Interestingly, on May 9, 2013, the Peshawar High Court had declared the drone strikes on Pakistani territory illegal and war crimes and ordered the government to compensate the victims of the attacks.

Published in Dawn, April 14th, 2015

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