PHC petitioned against delayed NFC Award.

PESHAWAR -- Six members of the Khyber Pakhtunkhwa Assembly on Thursday moved the Peshawar High Court against the federal government's failure to issue the new National Finance Commission Award after the merger of the erstwhile Federally Administered Tribal Areas with the province.

They requested the court to declare that the people of tribal districts are entitled to three per cent share in the NFC divisible pool.

The petition was jointly filed by MPAs Syed Ghazi Ghazan Jamal, Shafiq Afridi, Anwar Zeb, Ajmal Khan, Mohammad Iqbal Khan and Naseerullah Khan, all from tribal districts.

They requested the court to direct the government to issue a new NFC Award as per the mandate of the Constitution and immediately release the due NFC share to tribal districts for development.

The petitioners contended that the non-issuance of a new NFC Award despite the change in legal and factual ground realities i.e., the devolution of various subjects on the provinces in the aftermath of 18th Constitutional Amendment and the merger of Fata as tribal districts in the province after the 25th Constitutional Amendment, was illegal and violated the rights of the petitioners and their constituencies.

MPAs also seek 3pc share in divisible pool for tribal districts

They sought an interim relief from the court in the form of directions for the respondents, including the federal government through the secretary of the cabinet division, to convene the periodic NFC meeting as per the mandate of the Constitution and Clause 9(5) of the 7th NFC Award issued through President's Order No 5 of 2010.

The respondents in the petition filed through lawyer Ali Gohar Durrani include the country's president through his principal secretary, federal government through the secretary of the cabinet division, secretary of the finance division, NFC, Council of Common Interest and National Economic Council through their respective secretaries, KP government through its chief secretary, and KP finance secretary.

The petitioners said in May 2018, parliament passed the 25th Constitutional Amendment, while the provincial assembly later approved the same merging the erstwhile Fata with the province.

They said the share of tribal districts in the NFC Award came to three per cent and had a contribution...