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Catching Justice through Vibrant Judicial Activism: Microscopic Appraisal of Established Judiciary in the Erstwhile FATA [Pakistan]

. Dr. Surat Khan, Dr. Asif Salim & Dr. Raid Khan


Abstract

The Judicial system in the erstwhile FATA was restored after the twenty-fifth amendment to the constitution of Pakistan. Though it includes Khyber Pakhtunkhwa, however facing various problems in different fields. The merger of erstwhile FATA into settled areas is, undoubtedly, a good omen for the future of merged areas. In this context, the microscopic study of the newly established judicial system is the need of the hour. The Judicial system is prematurely started there but it has fruitful implications for the people of merged areas. In the beginning, the tribal folk was not used to this system but gradually they are being adapted to it. The judicial hierarchy in the merged areas is fully functional and provides justice to the citizen of these areas. Arguably, the judicial system of erstwhile FATA is providing legal aid to its neglected citizenry which leads to positive and constructive hope of justice for them. Furthermore, the rooted fact cannot be overlooked that the people of these areas were ignored from their fundamental rights for several decades, and ‘Merger’ by incorporating the twenty-fifth amendment in the constitution has brought a silver lining for them in terms of safeguarding their basic human and fundamental rights under the vibrant judicial activism process. Thus, this paper is an attempt to examine the post-FCR scenario after the twenty-fifth amendment and its multi-dimensional implications on the society of erstwhile FATA. Despite this, it also highlights the role of the judiciary in the dispensation of justice in newly merged areas of Khyber Pakhtunkhwa.  The methodology is qualitative in which various themes have been generated in the case study of erstwhile FATA with reference to judicial activism.

Key Words; Erstwhile FATA, FCR, Judicial Activism, Merger, Fundamental Rights

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