The demand shows that in the former Fata there still exists a justice system which is either entirely based on the Jirga system or is a mixture of the ancient and the modern.
Under a law, the jurisdiction of the Supreme Court of Pakistan and of the Peshawar High Court has been extended to the former Fata, but it appears that either the law is yet to be implemented or it is in the process of implementation.
The implementation of the law is of course slow considering the fact that the law came into effect in April 2018. With the enactment of this law not only the Jirga system but also the abominable Frontier Crimes Regulations stood abolished.
Under the FCR, introduced by the Britishers in 1872, an entire village or locality was awarded collective punishment for the wrong, whether real or perceived, done by one man or a group of men. Under the Jirga system, a Council of Elders (maliks) acts as jurors.
They give decision but a particular government official implements it. A British government official has said he can tell beforehand the decision by simply looking at the composition of the Jirga.
The Supreme Court declared the Jirga and Panchayat systems illegal in January this year. It, however, said Jirgas and Panchayats could operate within the permissible limits of the law to the extent of arbitration, mediation or reconciliation forums between parties involved in civil disputes who willingly consented to the same.
Given the drawbacks of the Jirga system, the government should establish law courts in the former Fata without any further delay.
Published in The Express Tribune, February 15th, 2019.
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