Humayun Khan
PESHAWAR: The 25th amendment of the Constitution led to the merger of the Federally Administered Tribal Areas with the Khyber Pakhtunkhwa province. A vacuum surfaced after the judicial pronouncement of this Court holding certain provisions of Frontier Crimes Regulation, 1901 ultra vires the Constitution. The Supreme Court of Pakistan upheld the verdict and the Government was given a specific time to establish regular courts in the merged districts.
Peshawar High Court cognizant of its obligation from the outset made strenuous efforts to ensure that the territories merged with the Khyber Pakhtunkhwa are brought in the mainstream justice system. Home Department notified the place of sitting for the District Judiciary in the adjoining districts and it started functioning from 11th March 2019. Judicial Officers were posted, recruitment of para-legal staff commenced immediately which till date has largely been concluded.
Although the Courts started functioning with makeshift arrangements nevertheless the degree with which the quantum of institution of cases is increasing correlates with the trust reposed by the downtrodden inhabitants of those Districts on this system of adjudications.
Peshawar High Court has since strived to redress the grievances, problems and the challenges faced by district judiciary in the newly merged districts and towards this extent have conducted regular coordination meetings with the Government.
Moreover, efforts have been made since the functioning of Courts in the adjoining districts to shift the Judiciary to the newly merged districts. In this regard, senior Judicial Officers had met the Chief Secretary KPK to apprise him of the concerns of the Peshawar High Court.
The district administration has accordingly been approached for allocation of buildings in the newly merged districts for the establishment of courts. As of now, out of the seven newly merged districts, Courts have been shifted to District Mohmand, Bajaur and Kurram.
Now as a step forward to provide justice to the people of erstwhile FATA, Peshawar High Court has established Courts of Civil Judges at Landi Kotal and Bara which have become functional.
For the shifting of headquarters, a building at sub-division Jamrud has been identified, to make necessary alterations and improvise the existing infrastructure for the purpose of Courts work has been initiated which will be completed in approximately two months.
As soon as improvisation is complete all the courts of District Khyber will start functioning inside District Khyber according to the long standing desire of the people of the area.
Courts at N. Waziristan are functional at the adjacent District Bannu, The Government had earmarked a Govt. Girls College for the establishment of District Courts at Miranshah. However, Peshawar High Court took a principled decision that neither an educational institution nor health facility would be used as premises to house Courts. At Miranshah, there is a Tehsil Building fully equipped and functional. In this epoch of post FCR the fact that settlements have not yet being carried out at the district, thus district administration has no adjudicatory powers requiring the full-fledge tehsil courts. Therefore, Peshawar High Court asked for the allotment of the Tehsil Building, If the said building along with residences is provided, and security of Judicial Officers is ensured by the district administration, courts will be shifted there without any delay. Besides, district judiciary at South Waziristan and Orakzai are functioning at Tank and Hangu respectively along side the district administration. However, two courts are being established in Tehsil Kalaya of Orakzai district while district judiciary South Waziristan is still waiting for district administration and police department to move first to ensure secuirity and all other allied services before shifting of courts.
The merger of FATA will bear fruition only when Judicial services are extended to the hitherto deprived society of the erstwhile FATA, not in the adjacent districts but in the actually merged districts.
