A Step Towards 'Rule of Law' in 7 districts merged into Khyber Pakhtunkhwa, erstwhile FATA: District Judiciary Posted for Administration of Justice

Erstwhile FATA (newly-merged 7 Districts into Khyber Pakhtunkhwa) in consequence of 25th Constitutional Amendment: Administration of justice through District Judiciary of Khyber Pakhtunkhwa, a way forward. The Hon'ble
Peshawar High Court has posted  28 Judges (Sessions, Additional Sessions and Senior Civil Judges) to these areas to administer justice as ordinary courts.
FCR has stood repealed. It is for first time that Judiciary is going to these areas to administer justice. 
By Dr. Shakeel Azam Awan
Dean Faculty, KP Judicial Academy,
I feel honoured  that I am part of this activity as Dean Faculty, Khyber Pakhtunkhwa Judicial Academy (District & Sessions Judge) who arranged training course and workshop for these 28 Judges from 4th to 7th March 2019.
All stakeholders attended this activity. Resource persons included: Mr. Mushtaq Jadoon, Chief Commissioner, Right to Service Commission; Mr. Adil Siddique, Commissioner Bannu Division; Prof. Dr, Sarfraz Khan, former Director, Area Study Center (China, Russia & Central Asia), University of Peshawar; Mr. Rahimullah Yusufzai, Senior Journalist; Mr. Salim Safi, Senior Journalist, Mr. Abdul Matin Khan, Sessions Judge (Rtd.); and Mr. Alam Khan, Senior Advocate. Guests of Workshop were: Mr. Abdul Latif Afridi, Senior Advocate; Syed Yahya Zahid Gilani, former Judge, Mr. Shakeel Qadir, Secretary Finance, Government of Khyber Pakhtunkhwa, Mr. Karim, DIG (Intelligence), Khwaja Wajihud-Din, Registrar, Peshawar High Court; Khwaja Wajihud-Din, Registrar, Peshawar High Court, Peshawar; and Mr. Muhammad Zeb, PSO to Chief Justice, Peshawar High Court.
There was no system of administration of justice (Civil, Criminal & Revenue) in erstwhile FATA. There was no policing system. Area was alien to Income Tax law and Custom law. It was an area governed under Frontier Crimes Regulation of 1901. Even laws made by Parliament were not to apply thereto except through a Presidential Regulation under Art. 247 of the Constitution of Pakistan. 25th Constitutional Amendment abolished regulatory presidential regime. Now this area will be regulated under the Constitution and the laws made by Parliament and Provincial Assembly of Khyber Pakhtunkhwa.  All Federal Laws already in force in Khyber Pakhtunkhwa and all existing laws of Khyber Pakhtunkhwa Provincial Assembly stand now extended to these areas. It i for the first time that these areas have come under complete domain of: i) Parliament and Provincial Assembly of Khyber Pakhtunkhwa in relation to legislative business; ii) Peshawar High Court in relation to constitutional and statutory jurisdiction under various law in relation to judicial matters; iii) District Judiciary of Khyber Pakhtunkhwa in relation to various jurisdictions under number of laws including Civil Courts Ordinance 1962, Code of Criminal Procedure, etc: iv) Board of Revenue and other Revenue Officers and Revenue Courts under Land Revenue Act 1967 and Tenancy Act 1950 etc; v) Registrar under the Registration Act 1908; and vi) Regular Police System under Code of Criminal Procedure and Police Order including rules made therunder; and etc.
The training course and workshop focused on challenges of judiciary in these areas and solution thereof. The deliberations revolved around these aspects: FCR regime and causes of its failure, implementation of legal system in these areas, socio-cultural peculiarities of erstwhile FATA, political dynamics of this region, constitutional and legal implications of 25th Constitutional Amendment.  The Judges (Judicial Officers) being sent to these areas have been equipped with adequate knowledge, skills and legal acumen to administer justice and implement system of justice as pioneers and trend-setters in these areas. People of these 7 Districts merged into Khyber Pakhtunkhwa Province are looking forward for a new social, political, legal and economic order in their land. They have lot of expectations from Judiciary and police including other departments of government for progress and prosperity of these remote, undeveloped and neglected areas. Let us hope that District Judiciary will deliver.
People of these areas are overwhelmingly happy over introduction of system of Admistration of justice through District Judiciary of Khyber Pakhtunkhwa in these newly-established 7 Districts. It is step towards Rule of Law in Pakistan, i.e., Equality before law; No arbitrary in hands of executive; Fair trial, Supremacy of Constitution; Fundamental Rights; and  Independence of judiciary.


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