Judicial system in ex-Fata: Confusion prevails over time frame

K-P govt sought six-months from SC; meeting chaired by PM Imran set one-year deadline

PESHAWAR: Confusion persists over the time needed for establishing regular courts in the erstwhile tribal areas.

The Khyber Pakhtunkhwa government had told the Supreme Court of Pakistan in December 2018 that it will take six months for setting up the judicial system while one year deadline has been fixed at the meeting led by Prime Minister Imran Khan on December 31, 2018.

However, in Peshawar High Court in its October 30, 2018 ruling had declared the Frontier Interim Government Regulation (FIGR) against the Constitution, saying it violated the constitutionally binding principles of separation of the judiciary from the executive by allowing commissioners and deputy commissioners to act as judges and council of elders to decide civil and criminal cases.

PHC, in its verdict, had given a month to the provincial government for setting up regular courts and criminal and civil judicial system in the merged tribal areas. The deadline expired on November 30.



The provincial government, facing contempt of court against PHC, approached the Supreme Court against the high court’s verdict and appealed for granting six months’ time upon which, the apex court directed the provincial government to present its stance in writing.

However, on the last day of 2018, PM Imran presided a meeting of K-P government, where in presence of Governor Shah Farman and Chief Minister Mahmood Khan, it was decided to set one-year deadline for the setting up regular courts with judicial system like other parts of the province in former Fata.

This task was handed over to law minister, chief secretary and secretary finance from which there was confusion on whether the court system has to formed in six months or a year.

Meanwhile, replying to a query by Daily Express K-P Law Minister Sultan Mohammad Khan said that the one-year deadline for extending judicial system to ex-Fata has been decided in the meeting with PM thereby he cannot comment on this because he did not participated in the said meeting.

“However, we have asked for six-month time from the Supreme Court for the formation of court system in tribal areas and we will wait for the SC decision,” the law minister said.

On the question that is the provincial government is in the position to complete the formation of court system till June if given six month time from SC he said that if we get six month-time from SC then we will strictly follow the deadline and complete the formation of court system work within six months.

Published in The Express Tribune, January 9^th, 2019.