The Newly Established Judicial System in Tribal Districts of Khyber Pakhtunkhwa, Pakistan: An Appraisal

Abstract

This study examines the judicial system in ex FATA before and merger of the area into Khyber Pakhtunkhwa province of Pakistan. The ex FATA had a unique law Frontier Crime Regulation, (FCR) under which a peculiar judicial system was functional for decades. In that set-up the judicial system was dominated by the agency administration. The Political Agent verdict would be considered final by all parties without any reservation. The common people did not have any chance to object such decisions. This study explores the post-merger judicial system in ex FATA. The system was extended by the government of Pakistan through a legislation procedure in 2018, which was the long standing demand of the people of ex FATA. Majority of people are of the view that the system has very positive impact on the people of the area. However, some of them are reluctant to praise the system, because they are not satisfied with it. The opponents of the new are of the view that in the old system the Jirga’s was far better than the new judicial system. To them procedure through the Jirga was speedy in nature and involved lesser expenses as compare to this new set-up.