MERGER OF FATA AND LEGAL CHALLENGES

BY
KHUSHHAL KHAN
KASHIF KHAN
&
ABDURAMAN

SUPERVISED
BY
DR. BAHADUR ALI

DEPARTMENT OF LAW

UNIVERSITY OF MALAKAND

KHYBER PAKHTUNKHWA

PAKISTAN

SESSION: 2014-2019
 MERGER OF FATA AND LEGAL CHALLENGES

BY
KHUSHHAL KHAN, KASHIF KHAN AND ABDURAHMAN

DEPARTMENT OF LAW
UNIVERSITY OF MALAKAND
SESSION (2014-19)

Thesis submitted to the Department of Law University of Malakand in partial

fulfillment of the requirements for the Degree of B.S Law.

DEPARTMENT OF LAW
UNIVERSITY OF MALAKAND
KHYBER PAKHTUNKHWA
PAKISTAN
 ABSTRACT

The research is conducted on the topic “Merger of FATA and legal challenges” at Mohmand
district (previously called Mohmand Agency) located in Ex-FATA. In order to investigate the
legal challenges after merger, which would be faced by government and the people of the Fata.
And whither government are trying to solve these problems or not.

Population of the study consists of 466,984 from seven tehsils of Mohmand Agency named
Haleemzai tehsil, Pandyalai tehsil, Safi tehsil, Upper mohmand tehsil, Utman Khail (Ambar)
tehsil, Yakaghwand tehsil and Pranghar tehsil. Sample was 100 people from all the tehsils.

As a researcher we developed questionnaire for data collection. The data was analyzed using
frequency percentage etc.
 ACKNOWLEDGEMENTS

Nothing is possible without the help and assistance of others. In the completion of this study we
have been assisted, guided and provided with valuable information and suggestions by our
respected teacher Mr. Zakir Alizai lecturer at department of LAW and Dr. Bahadur Ali head of
Law Department University of Malakand. We pay our heartfelt regards and gratefulness to them
for granting us the privilege of availing their generous advice whenever needed.

We are thankful to all our dear and respectable teachers for their tireless support throughout the
session.

Thanks to our parents who always help us in every aspect of life however particular reference is
made to financial help and pray for our success.

Khushhal Khan

Kashif Khan

&

Abdurahman
 DECLARATION
We, Khushhal Khan, Kashif Khan and Abdurahman, hereby declare that, the work presented in this

thesis is our original work. We also declare that neither this work nor any part thereof has been

submitted elsewhere for the award of any degree from any institution.

____________________ ____________________

KHUSHHAL KHAN Kashif khan

ID # 193 ID # 198

____________________
Abdurahman
ID # 207
 CERTIFICATE
This is to certify that the research work presented in this thesis is the original work of Khushhal

Khan, Kashif Khan and Abdurahman which they have completed under my direct supervision. I

have personally gone through all the work presented in this document and certify its accuracy to

the best of my knowledge.

________________________

Supervisor:

Dr. Bahadur Ali

 APPROVAL CERTIFICATE
This is to certify that the thesis titled “Merger of FATA and legal challenges ” submitted

by “Khushhal khan, Kashif khan and Abdurahman” as partial fulfillment of the

requirement for the award of Degree of “BS LAW” is hereby approved by the Supervisory
Committee.

Internal Examiner: ____________________

External Examiner: ____________________

Incharge: ____________________

Dated: / /2019
 DEDICATION

This study is wholeheartedly dedicated to our beloved parents, who have been our source of
inspiration and gave us strength when we thought of giving up, who continually provide their
moral, spiritual, emotional, and financial support. To our brothers, sisters, relatives, mentor,
friends, and classmates who shared their words of advice and encouragement to finish this study.

i
 TABLE OF CONTENTS
Chapter I.........................................................................................................................................1
INTRODUCTION.........................................................................................................................1
1.1 STATEMENT OF THE PROBLEM.....................................................................................5
1.2 OBJECTIVES OF THE STUDY...........................................................................................5
1.3 SIGNIFICANCE OF THE STUDY.......................................................................................6
1.5 DELIMITATION OF THE STUDY......................................................................................6
Chapter II.......................................................................................................................................7
LITERATURE REVIEW.............................................................................................................7
2.1 LACK OF COURTS AND POLICE.....................................................................................7
2.2 LOCAL GOVERNMENT.....................................................................................................8
2.3 CONSTITUTIONAL AND FINANCIAL ISSUES..............................................................8
2.4 INTERNATIONAL RESISTANCE......................................................................................9
2.5 PEACE AND SECURITY.....................................................................................................9
2.6 IMPLEMENTATION CHALLENGES.................................................................................9
2.7 ALTERNATIVE OF FCR...................................................................................................10
2.8 CONFLICTS ON DISTRIBUTION OF RESOURCES......................................................11
2.9 CASES PENDING UNDER FCR.......................................................................................12
2.10 BUDGET ISSUES.............................................................................................................12
Chapter III...................................................................................................................................14
RESEARCH METHODOLOGY...............................................................................................14
3.1 RESEARCH METHODOLOGY.........................................................................................14
3.2 TITLE OF THE STUDY.....................................................................................................14
3.3 RESEARCH DESIGN.........................................................................................................14
3.4 UNIVERSE OF THE STUDY.............................................................................................14
3.5 RANDOM SAMPLING......................................................................................................14
3.6 SAMPLE TECHNIQUE AND SAMPLE SIZE..................................................................15
3.7 TOOLS OF DATA...............................................................................................................15
3.8 DURATION OF THE STUDY............................................................................................16
3.9 DATA ANALYSIS..............................................................................................................16
3.10 LIMITATIONS..................................................................................................................16

ii
Chapter IV....................................................................................................................................17
DATA ANALYSIS.......................................................................................................................17
4.1 SELECTED AREA..............................................................................................................17
4.2 GENDER.............................................................................................................................18
4.3 RESPONDENTS AGES......................................................................................................19
Chapter V.....................................................................................................................................29
SUMMARY..................................................................................................................................29
5.1 SUMMARY.........................................................................................................................29
5.2 CONCLUSION....................................................................................................................29
5.3 RECOMMENDATIONS.....................................................................................................30
5.4 SUGGESTIONS..................................................................................................................30
References.....................................................................................................................................32

iii
Chapter I

INTRODUCTION

FATA represents federally Administered tribal areas. This was the proportion of the populace of
Pakistan that was regulated from 1901 to 2019 under the Frontier Crime Regulations. The history
actually dates even further - in about 1849, when colonization was still taking shape in the Indian
subcontinent, the British presented a different law in Federally Administered Tribal Areas, which
is located on the north-western boundary of Pakistan. The people of FATA were combatants and
were the general population most opposed to the British, so that they were more administratively
managed, the British government offered a different arrangement of the laws that gave them a
semi-autonomous status [ CITATION Bai \l 1033 ].
The British Government of India attempted to attach Afghanistan however did not succeed. In
1893, Sir Mortimer Durand arranged an agreement with Amir AbdurRehman Khan of
Afghanistan to fix an incompletely a reviewed line called Durand Line. It runs from Chitral to
Balochistan to designate the zone under the control of Afghans and Britishers respectively. 
In 1901, Lard Curzon created NWFP as well as divided it into settled districts and five Tribal
Agencies, including Malakand, Khyber, Kurram, North Waziristan and South Waziristan. A
Political Agent was appointed for each agency to separate its Administration from that of the
settled districts of the Province. Lord Curzon’s, arrangement was to pull back British troops from
agencies and replace them with newly raised militia and avoid interference in Tribal Areas. He
created Khyber Rrifles, Kurram Militia, North and South Waziristan Militias. After the
independence of Pakistan, three new agencies were created i.e. Mohmand in 1951 Bajaur and
Orakzai in 1973. Whereas, Malakand was joined in NWFP in 1951 as a Division [ CITATION
Kha13 \l 1033 ].
The FATA stretching out more than 27220 sq. km along the Pak Afghan fringe comprises 3.4
percent of Pakistan's complete region. FATA’s hilly land is possessed by a greater part of the
Pakhtun populace. It is encompassed by the area of Khyber Pakhtunkhwa in the North and East,
the region of Balochistan in the South, the region of Punjab in the South-East and by
Afghanistan in the West. It is along these lines linked in the North with the region of Lower Dir

1
of KPK, while with D.I. Khan, Bannu, Kohat, Malakand, Karak, LakkiMarwat, Nowshera,
Charsadda and Peshawar in the East. In the South-East, FATA is tangibly connected with the
area of Dera Ghazi Khan in the Punjab region, whereas in the South it is connected with the
areas of Zhub and Mosa Khail of Baluchistan. Pak-Afghan fringe, otherwise called the Durand
Line, is in the West of tribal districts. EX FATA included seven political agencies and six
frontier regions. The political agencies were Bajur, Khayber, Kuram, Muhmand, North
Wazeeristan, Orakkzai and South Wazeeristan. While Frontier Regions were in Banu, Daira
Ismail Khan, Kuhat, LakiMarwat, Peshawar and Tank areas. Except Orakkzai Agency, all the
agencies are physically linked with Afghanistan[ CITATION Ull13 \l 1033 ].

The FATA had a unique geographical position in the Pak-Afghan boundary, its distinctive social
structure, difficult governmental arrangements and transnational relations with Afghanistan. The
government faces administrative problems due to the long delays and isolation from the
mainstream FATA. Considering the turmoil in this region, successive central governments have
initiated various reforms to resolve the law and order issues and bring the Tribal areas into the
mainstream. To implement these reform initiatives has been a barrier to changing the fate and
position of Tribal Areas [ CITATION Sae16 \l 1033 ].

2
Populace of FATA has developed by 57% in the course of recent years despite the fact that the
way that most tribal people are migrated to settled districts due to military activities against
aggressors in the locale.

As per the 2017 registration the number of residents in tribal districts remains at 5,000,000 when
contrasted with 3,022,000 of the 1998 census.

3
Administratively, Tribal areas were isolated into two classes i.e. ‘protected areas’ and ‘non-
protected areas’. The previous was directly ruled by the federal government by means of its

4
political representatives called Political Agents (now political agent is replaced with deputy
commissioner) whereas the latter was regulated Indirectly by the local tribes. The person who
used to be appointed by the province as deputy commissioner would federally as political agent
and closely watched the management of agencies with supreme power and administrative power
in hands. He would practice a mix of administrative, judicial and revenue powers and
furthermore maintain harmony and repress violations and crimes in the FATA. Keeping every
one of these obligations completed, the Khasadars, Levies would support him [ CITATION Alt15 \l
1033 ]

The British Raj's approach towards the tribal region was mix of influence, force, bribery and
armed intervention. The British managed local customs and power focuses on three pillers: The
Frontier Crimes Regulation 1901 (or FCR), the political agent and tribal elders or maliks. During
Mohammad Ali Jinnah's visit to the NWFP in April 1948, he expressed a desire to not interfere
with tribal self-governance in FATA but have the option to incorporate the region into Pakistan.
When Pakistan became a sovereign state, the colonial administrative and legal structures in the
region was continued by the state.
The FCR was a set of civil and criminal laws initially instituted in the FATA region in 1901. It
sought to typify elements of Pashtunwali Pashtun tribal code including key features, for example,
the Pashtun tribal jirga (chamber of elders) system and rewaj (custom). The key functions of the
FCR was the upkeep of peace just as well as the resolution of conflicts and disputes within a
tribe. It permitted the tribes a specific level of self-governance, accompanied by federal oversight
and control.

FCR is, however, not known for being just or fair. Numerous sections of the FCR contained
provisions that infringe upon the FATA People’s rights, rejecting their equal treatment in matter
relating with civil and judicial rights. Under FCR, residents lack the basic rights that other
Pakistanis enjoy: right of appeal, wakil (advocate) and dalil (arguments), i.e. rights to challenge
the judgement, to appear to the court through an advocate and the right to present proof to argue
your case. section 22-23 allows for collective punishment against an offender's whole faimily,
clan or village, in case of crime committed by one individual. The government similarly has the
power to seize any private property according to its own discretion.

5
The reason for the Pashtun jirga system is to determine clashes and diputes that may emerge
between individuals from a clan or between clans. Under such a system, the leaders and maliks
determine guilt or innocence of an individual blamed for carrying out a wrongdoing. The
wrongdoers are punished or sentenced based on the findings and reference of rewaj. A jirga's
decision is common and regulatory.

The FCR allowed for a political agent (in FATA) or deputy commissioners (in frontier region) to
head the local administration of each FATA agency or frontier region. The political agent (PA) is
a senior civil bureaucrat who serves as chief executive of agency, and discharges a mix of
executive, judicial and administrative functions. The PA would award FATA’s elders the title of
a malik and had the power to remove, suspend or withdraw said title if he/she considers
necessary. While the PA was expected to act on the advice and recommendations of the council
of elders or the tribal jirga, any final decision rest with the PA and not the jirga. This made the
PA an all-power federal agent who was backed by khasadars (guards), levies and paramilitary
forces that would work under the control of the military. A PA, refers cases, appoints the jirga,
preside over the trial and grants punishment without the possibility of any review by a court of
law (SHAH, JUNE 2018).

1.1 STATEMENT OF THE PROBLEM

The problem under investigation is to find out that what would be the legal challenges after
merger of FATA.

The second problem is to know whether the people of EX Fata are aware of legal system or not?

1.2 OBJECTIVES OF THE STUDY

The main objectives of the study are the following:

i. To find out the legal challenges after merger of FATA.

ii. To familiar the people of FATA with legal system of Pakistan.
iii. To take the opinions of the people of tribal districts about the legal challenges after
merger of Fata.

6
1.3 SIGNIFICANCE OF THE STUDY

The main purpose of the study is to determine the legal challenges after merger of FATA which
would be faced by government and people of ex FATA and to find out how much the
government is alert to face and to solve these challenges. The second main purpose is to find out
that whether the people of FATA are aware of Pakistani law and their Fundamental Rights or
not.

1.5 DELIMITATION OF THE STUDY

Due to time, money and resources constraints the study was delimited to Mohmand Agency.

7
Chapter II

LITERATURE REVIEW

The bill was signed by Pakistan’s president Mamnun husain on 31 st may which made fata the
part of kpk. Mamnun Husain gave glad tidings to the people of fata that the FATA’s merger with
kpk will bring prosperity and change to the people of Tribal areas and said that now people of
fata will now enjoy all their fundamental rights which are guaranteed in the constitution of
Pakistan.

The merger would make the FATA stable. The implementation of state laws would help to end
terrorism in the region and would recover the supremacy of state and giving justice to the people.

But it is inappropriate to accept that the enforcing of laws would be easy. Merger of fata with
KPK is to be sure an amazing accomplishment for Pakistan that is slow in changing the current
situation.

Every one of these measures, however, won't get significant changes the lives of the people of
FATA as the bill calling for merger indicated that it ought to occur inside two years. Up to that
point, they would need to live under the Fata Interim Governance Regulation, 2018 proclaimed
by the President and having some articles from the past, for example, Rewaj (traditions and
customs) and Jirga (board of older folks) until the 119 standard Pakistani laws are stretched out
to the fata and an appropriate legal framework is set up of the most condemned and disputable
Frontier Crimes Regulation (FCR), which was ordered in 1901 by the Great Britain for serving
their interests and now stands canceled. The procedure would take over a year and potentially
reach out to 2020 and past [ CITATION YUS18 \l 1033 ].

2.1 LACK OF COURTS AND POLICE

After merger of FATA this was the first duty of the government that as soon as it is possible
to established the courts to settle cases and to appoint police officers to investigate crimes in
tribal districts but there is neither police and nor courts. Just deputy commissioner has taken
the place of PA and tribal zone of KPK is still in vacuum with no framework set up [ CITATION
Sae18 \l 1033 ] .

8
2.2 LOCAL GOVERNMENT

A system of local government is seen as being an essential part of making the tribes people feel
involved in grassroots democracy. In past government had tried to introduce local government in
FATA but they failed to bring proper local government system in FATA. In 2002 general
mussaraf made an attempted to introduce local government in Fata but he did not conducted
elections, he directed PAs to select maliks and gave them miserable amount instead of giving
them any power and proper funds. For second time A.A. zardaari made a weak attempt but fail
due to security reason in FATA.

However, meeting the timelines of certain key Fata reforms could pose problems. The plan to
hold the local-government elections in the tribal districts in October 2018 did not materialize
because a delimitation of constituencies could not be completed in time. Efforts are now being
made to schedule these polls for March 2019, along with the rest of Khyber Pakhtunkhwa
[ CITATION YUS18 \l 1033 ].

2.3 CONSTITUTIONAL AND FINANCIAL ISSUES

There are many legal issues which would be faced by the government after the merger of FATA
as implementing the laws in the region. Before the completing their tenure the PMLN
government implemented FATA reforms bill but the legal implications of that bill were not
appropriately considered. At that time the kpk govt had raised several constitutional, legal and
economic matters about Fata’s merger and requested the central govt find a way to avoid
negative aftermath on Fata's mainstreaming. One matter was is the annulment of Article 247 of
the Constitution as the power of the President to create rules have been taken away, thereby
creating an administrative vacuum.

It was brought up that the current guidelines including those regarding security issues no more
have a legal cover. The kpk government claimed that no agreement between the provinces and
the center are made yet about the guaranteed rupees one Trillian development funds for tribal
areas for ten years. It requested a written and obligatory responsibility from the central

9
government to profit accessible without waiting for the consultation and decision of the National
Finance Commission.

Though, the Fata reforms’ planner Sartaaj Azeez guaranteed that the provinces primarily
opposed to a distribution of 3% of gross profits of the federal divisible pool then agreed to
contribute to growth of tribal areas in accordance with their portions in the National Finance
Commission (NFC) award.

2.4 INTERNATIONAL RESISTANCE

Other than managing interior restriction to the Fata merger there are internationals challenges
too, which would be faced by Pakistan. Afghanistan would resist Pakistan because it claims that
merger of fata with kpk is the violation of 1919 settlement made between Afghan government
and the Great Britain. The afghan government threatened to go to the UN, the ICJ and other
world forums against this. However, Afghan government mayn’t approach to UN or ICJ etc. for
it understood there was not any actual provision for its position not to recognize it as an
international border.

2.5 PEACE AND SECURITY

Developments in tribal areas after its merger with kpk depends on security situations in fata.
About two lac army should have to keep by Pakistan in Ex fata and Malaakand division for
bright future not just because of the danger existing by taliban across afghan border, yet in
addition for finishing the uncommon improvement extends that have been attempted. Tribal
areas would take time to be like rest of Pakistan, but it will be like the rest of Pakistan [ CITATION
Yus18 \l 1033 ].

2.6 IMPLEMENTATION CHALLENGES

Government would face most challenges in implementation of laws in tribal areas after merger.
To start with, structure of the FRC, which has been changed over into the Implementation
Committee on FATA reforms, needs portrayal from the locale concerned. Native representation
would help build trust and shape positive discernment with respect to the reason for the FATA
merger and developments. Second, an irregularity exists in the procedure for execution of FATA
reforms as during the time spent FATA-KPK merger does not involve a particular job for the kpk

10
governmet government in the progress stage. Third, whereas the establishment has a record and
interest for opposing the merger of FATA, it has been given a key job in executing its progress
and improvement plan. In such manner, the Chief Operating Officer (COO), an grade 22
administrator, will manage the FATA progress and improvement process under the supervision
of the KPK Governor. Also, the FATA secretariat, political operator and FATA Development
Authority (FDA) have been engaged to complete the modifications. This demonstrates the job of
administration will be key to the achievement or disappointment of the FATA scheme. Fourth,
the FRC itself considers the „tribal mindset‟ a noteworthy impediment to the smooth
enforcement of the reforms. This is especially valid if there should be an occurrence of the
proposed supplanting of the FCR with another Riwaj Act. Whereas the new enactment excludes
the collective responsibility clause, and expands the ward of the Supreme Court and the PHC to
tribal areas, it holds the conventional Jirga framework in blend with present day legal system. It
conceives that judges will discuss both civil and criminal cases to Jirga to decide actualities as
per Rewaj which will at that point say something their declarations. To make attachment
between these two discrete and contending system would challenge, and disappointment would
mean stagnation. At last, while territories of mediation under the ten-year advancement plan
have been recognized, the greater undertaking is to work out a thorough arrangement for every
region and guarantee its execution. Huge gaps exist between FATA‟s populace and that of KPK
as far as financial advancement and direction. Crossing over these gaps will be a massive job.
For example, even following over too many years of German reunification, gaps as in term of
wealth, production, utilization and education existed between East and West Germany [ CITATION
Sha \l 1033 ].

2.7 ALTERNATIVE OF FCR

Fronteir Crimes Regulation is really viewed as codification of the tribal coustoms and traditions
by many of its advocates. The FCR spurned tribes fundamental rights as the privilege to seek
after a legal counselor, to present contemplated proof and to claim in a court against the Jirga's
choice. Henceforth it showed a different approach parameters for FATA which had no
application in some other piece of the territory of Pakistan. In spite of the fact that FATA was
being proclaimed piece of Pakistan according to article 1 and 2 of the 1973 constitution of
Pakistan however given under the President direct official expert as indicated by article 247.

11
Under the FCR the Political Agent or the Deputy Commissioner has been met with authoritative
powers under Criminal Procedure Code and furthermore of a common court in issues of common
questions by giving forces under the Civil Procedure Code. Be that as it may, the Political Agent
chooses such issues through a Council of Elders.

Section 40 of the FCR offers specialist to the Political Agent to make orders for keeping
harmony which is pretty much equivalent to in the preventive segments of 151, 106,107 and 108
of Criminal Procedure Code.

Recently with passage of section of 25th constitutional amendment FCR has been discarded and
the Interim Governance Regulations 2017 are presented yet the Interim Governance Regulations
additionally appears continuation of the FCR in light of the fact that it keeps the old framework
unblemished with corrective changes and neglects to put a conclusion to the idea of aggregate
discipline in letter and soul.

The interim governance regulation entrust the governor to impart to the DC the authority and
responsibility of district magistrate in per Criminal Procedure Code, 1898 and the authority of
first class magistrate to the assistant commissioners.

The Regulation has renamed the agencies as Districts. Judges have defined as judges. However
this arrangement is not likely to function for long as it negates the perception of parting judiciary
from the executive. Hence the PHC has stated such provisions of the Interim Governance
Regulation ultra vires of the Constitution, furthermore it directed the government to fix the
position within stipulated time. According to the Additional Chief Secretary FATA, there is
planning for separation of executive and judiciary in form of establishing seven judicial
complexes in the districts on the pattern of Charsadda. The complex would contain courts,
offices of prosecution, police and Prison. Deputy Commissioner would only exercise executive
Authority. The Interim ordinance would be converted into a provincial ordinance. At the moment
the Interim Governance Ordinance and FCR are more or less the same. New provision for
incremental approach would be adopted. A nonfiction for declaring an area as fully settled/
administrative, if found fit would be issued within two years. Harsh provisions of Interim
Governance Regulation would not be implemented. All laws are de-jure but difficult to be
implemented there for ede-jure customs would prevail. Government is ready to abdicate the
powers of Deputy Commissioners as and when the Peshawar High Court provides judges. In

12
such a situation the judges would exercise all judicial powers. In this respect 907 judicial staff
including the judges is required[ CITATION Sha19 \l 1033 ].

2.8 CONFLICTS ON DISTRIBUTION OF RESOURCES

In current system, the federal government collect and distributes the resources among provinces.
This redistribution has been an argumentative issue among the center and the combining units.
Provinces in Pakistan have consistently been requesting more prominent political independence
and bigger offer in assets and pay. They are disagreed over NFCAwards and river water
distribution. The key motive behind the demand of new province is that, the state is not
distributing equal funds in the provinces. To take a decision about new provinces the government
has to come up with comprehensive recommendations to overcome technical, administrative and
procedural impediments. This was the reason some individuals of fata was not with merger that they
would be ignored in distribution of resources. That is why some tribal people opposed the merger
of fata that they would be ignored in distribution of resources[ CITATION Sam12 \l 1033 ].

2.9 CASES PENDING UNDER FCR

After standard courts began working in the Ex FATA in March, cases pending before various
forums working under the now canceled FCR were moved to these courts having jurisdiction.

Though, confusions have risen over the fate of scores of suspected aggressors, on whom the
allegations are made under sections of PPC and section 11 of Frontier Crime Regulations.

Whereas there is no notice of any section of the Anti-Terrorism Act, 1997, in these cases the
significant legal officials are waiting for the directions of Peshawar High Court whether to move
these cases to the ATC or the ordinary courts will keep hearing these cases [ CITATION Sha191 \l
1033 ] .

2.10 BUDGET ISSUES

In an unprecedented move, the central govt made the decision to cut 20% of the annual
development program for tribal areas.
Government has decreased 20% of the yearly improvement programs for 2018-19, which will
badly affect the developmental process in tribal areas. Furthermore, because of legal and

13
governmental problems emerging from merger of Fata, distribution and allocation of funds has
also been affected [ CITATION Mur19 \l 1033 ].

The 25th Amendment to the Constitution of Pakistan carried out to merge the former Federally
FATA into KPK province has been challenged in the Supreme Court (SC). A total of 213
residents of Fata have filed a constitutional petition against the merger, in which they have
taken the stance that the demand of the public was for reforms in Fata and not its merger with
K-P. According to the petition, only a few members were allowed to speak during the passage
of the bill in the K-P Assembly. “The K-P assembly proved the Fata merger resolution on a
holiday,” it adds. The promise to make Fata a separate province was not fulfilled,” it states.

In the draft of the petition, it has been mentioned that the 25th Amendment has been made in
violation of the constitution. Under Article 247, which has been omitted, the areas were given
a different status to the rest of the country. It adds that the merger goes against the principles
enshrined in Article 37[ CITATION Abr19 \l 1033 ].

14
Chapter III

RESEARCH METHODOLOGY

3.1 RESEARCH METHODOLOGY

During all research whether natural or social certain methods and techniques are build up new
ones. Methodology is an important aspect of any researcher. It is the combination of tools and
techniques, which are used to collect information for the research purpose.

3.2 TITLE OF THE STUDY

The title of the research study is “Merger of FATA and Legal challenges”. A case study of
Tribal districts (EX FATA).

3.3 RESEARCH DESIGN

The current study has predominantly utilized the quantitative research design in which the
phenomena are quantitatively discussed, interpret and elaborated in detail. Quantitative research
design are specific, well structured, have been tested for their validity and reliability, and can be
explicitly defined and recognized. [ CITATION Rao06 \l 1033 ] The use of quantitative approach in
the current studies is justified as study has been design to understand and analyzed the Legal
challenges after merger of FATA with KPK which have to be faced by government and people
of Tribal districts. A case study newly merged area (Ex FATA).

3.4 UNIVERSE OF THE STUDY

Universe of the study is the place where the researcher collected data from respondents. The data
was collected from the people of Tribal districts (Ex FATA).

3.5 RANDOM SAMPLING

Random sampling is a part of the sampling technique in which each sample has an equal
probability of being chosen. A sample chosen randomly is meant to be an unbiased
representation of the total population. If for some reasons, the sample does not represent the
population, the variation is called a sampling error [ CITATION Rao06 \l 1033 ].

15
3.6 SAMPLE TECHNIQUE AND SAMPLE SIZE

It is a collection consisting of a part or subset of the objects or individuals of population which is

the selection for the purpose, representing the population sample obtained by collecting
information only about some members of a population (Siddhu,1992). Sampling enables us to
select a portion from the study population for the data collection but it should be taken in such a
way that it can represent the whole population and result can be generalized. In this study the
researcher used random sampling strategy through sampling technique for selection of
respondents. The data for the study was come from 100 respondents.

TABLE 1

S.No School Population Size Sample Size

1 Halimzai Tehsil 78,749 17
2 Pindiali Tehsil 88,363 19
3 Safi Tehsil 99,114 21
Upper Mohmand
4 51,068 11
Tehsil
Utman Khel
5 62,109 13
(Ambar) Tehsil
6 Pranghar Tehsil 35,290 08
YakaGhund Tehsil 52,291 11
Total 466,984 100

3.7 TOOLS OF DATA

The researcher used questionnaire as a tool for data collection and the question are based on
structured question. A questionnaire is a tool of data collection. It consists of a number of
questions printed or typed in a definite order on a form or a set of forms. It is administered to a
respondent either personally or through mail. The answers the questions on his own without
being aided [ CITATION Rao06 \l 1033 ]

3.8 DURATION OF THE STUDY

We as researchers of this study have consumed three months while conducting this study and
writing the final report of the study.

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3.9 DATA ANALYSIS

Data classification, Data Tabulation through software SPSS and finally presented in a tabulation
and Descriptive representation. Major finding obtained from the analysis have been compared
with the objective of the study. After that the detail report has been written and at the end
conclusion and recommendations or suggestions have been forwarded.

3.10 LIMITATIONS

1. The respondents were nervous during attempting questionnaire because they feel strange from
monitoring team.

2. The less knowledge of the respondent individuals of EX FATA about the Merger of FATA.

3. It was very difficult to convince female to attempt questionnaire due to the cultural barrier. It’s
next to impossible to have meetings and explaining questionnaire to female in selected locale.

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Chapter IV

DATA ANALYSIS

Data classification, data tabulation through software SPSS and finally presented in a tabulation
and descriptive. Major finding obtained from the analysis have been compared with the objective
of the study. After that the detail report has been written and at the end conclusion and
recommendations or suggestion have been forward.

4.1 SELECTED AREA

Table 2

S.No School Population Size Sample Size

1 Halimzai Tehsil 78,749 17
2 Pindiali Tehsil 88,363 19
3 Safi Tehsil 99,114 21
Upper Mohmand
4 51,068 11
Tehsil
Utman Khel
5 62,109 13
(Ambar) Tehsil
6 Pringhar Tehsil 35,290 08
YakaGhund
52,291 11
Tehsil
Total 466,984 100
Explanation

In the above table the people selected from helemzai tehsil is 17 . From pandyalai 19, from safi
tehsil 21 from upper mohmand tehsil 11, from umbar tehsil 13 people are selected, from
prrranghar 8 and from yakaghwand total 11 respondent are selected.

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4.2 GENDER

Table 3

Gender Frequency Percent

Male 88 88%

Female 12 12%

Total 100 100.0%

Explanation

Explanation

In the above table 88% respondents are male from all Tehsils and 12% respondents are female
from the haleemzai and yakaghwand, in remaining five tehsils it was difficult to access female
because of cultural barrier.

Finding

88% male respondents from all tehsils. 12% female respondents are from the two tehsils.

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4.3 RESPONDENTS AGES

Table 4

AGE Frequency Percent

26-30 11 10.8%
31-35 30 29.4%
36-40 19 18.6%
41-45 8 7.8%
46-50 9 8.8%
51-55 4 3.9%
56-60 13 12.7%
61-65 8 5.9%
Total 100 100.0%

Explanation

The table shows that the majority age of the group of the respondents i.e. 10.8% age group are
26-30 years. Similarly the 29.4% respondents age group are 31-35 years, 18.6% respondents had
age group of 36-40 years. 7.8% respondent’s age group of 41-45, similarly 8.8% respondents had
age group of 46-50. The 3.9% respondents of the age group 51-55 years, 12.7% respondent’s age
group had 56-60 and 5.9% respondents had age group 61-65 years.

Finding

The majority age of the group of the respondents i.e. 10.8% age group are 26-30 years.

The 3.9% respondents of the age group 51-55 years, 12.7% respondent’s age group had 56-60
and 5.9% respondents had age group 61-65 years.

7.8% respondent’s age group of 41-45, similarly 8.8% respondents had age group of 46-50.

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Q.1. The people of fata are satisfied with merger of fata.

Table 5

Scaling Frequency Percent

Strongly Agree 80 80%
Agree 12 12%
Disagree 6 06%
Strongly Disagree 2 02%
Total 100 100.0%

Explanation The data in the above table describe that 80% of tribal people are strongly agree
with the merger of fata, 12% respondent are agree with merger, 06% respondent are disagree and
2% are strongly disagree with merger of Fata.

Finding The majority people give response positive that merger of Fata is a good step taken by
government and the minority respondents response negative that the merger is against their
cultural norm.

21
Q2 The people of tribal districts are familiar with legal system of Pakistan.

Table 6

Scaling Frequency Percent

Strongly Agree 02 02%
Agree 15 15%
Disagree 54 54%
Strongly Disagree 29 29%
Total 100 100.0%

Explanation The data in the above table describe that 02% of tribal people are strongly agree
that they have knowledge about legal system of Pakistan, 15% respondent were agree 54%
respondent are disagree and 29% are strongly disagree.

Findings The majority of the respondents give response negatively because they don’t knew
anything about law, constitution, judiciary, executive, legislature and their fundamental rights.

The minority respondent give response positively.

22
Q3 The people of tribal districts are aware of their fundamental rights.

Table 7

Scaling Frequency Percent

Strongly Agree 05 05%
Agree 13 13%
Disagree 62 62%
Strongly Disagree 25 25%
Total 100 100.0%

Explanation The data in the above table describe that 05% of tribal people are strongly agree
that they have awareness about fundamental, 13% respondent were agree 62% respondent are
disagree and 25% are strongly disagree that they are not aware of their fundamental rights.

Findings The majority of the respondents give response negatively that they don’t know
anything their fundamental rights because previously they were governed by FCR and in FCR
there was no concept of fundamental rights. The minority respondent give response positively
that they know their fundamental rights.

23
Q4 There are enough courts established in tribal districts to settle disputes.

Table 8

Scaling Frequency Percent

Strongly Agree 01 01%
Agree 11 11%
Disagree 57 57%
Strongly Disagree 31 31%
Total 100 100.0%

Explanation The data in the above table describe that 01% of tribal people are strongly agree
that there are enough courts in tribal districts, 11% respondent were agree 57% respondent are
disagree and 31% are strongly disagree that there are no enough courts in tribal districts.

Findings The majority of the respondents give response negatively that there is lake of courts
and the people go to shabqadar tehsil of district Charsadda to settle their disputes. The minority
respondent give response positively that the courts present in tribal districts are sufficient.

24
Q5. The government has established law awareness schools in tribal districts.

Table 9

Scaling Frequency Percent

Strongly Agree 00 00%
Agree 00 00%
Disagree 07 O7%
Strongly Disagree 93 93%
Total 100 100.0%

Explanation The data in the above table describe that 00% of tribal people are strongly agree
that there are awareness law school in tribal districts, 00% respondent were agree; 07%
respondent are disagree and 93% are strongly disagree that there are no law awareness schools in
tribal districts.

Findings All of the respondents give response negatively that there is no law awareness schools
to guide the people of tribal districts. No one response positively.

25
Q6. There are enough police officers in tribal districts to investigate crimes.

Table 10

Scaling Frequency Percent

Strongly Agree 09% 09%
Agree 21% 21%
Disagree 42% 42%
Strongly Disagree 28% 28%
Total 100 100.0%

Explanation The data in the above table describe that 09% of tribal people are strongly agree
that there are enough police officers to investigate crimes, 21% respondent were agree; 42%
respondent are disagree and 28% are strongly disagree that the investigation officers are not
sufficient in tribal districts.

Findings Majority respondents give response negatively that there are no sufficient police to
investigate crimes. The minority respondent give response positively

26
Q7. The government has taken sufficient step to introduce local government in tribal
districts.

Table 11

Scaling Frequency Percent

Strongly Agree 13% 13%
Agree 47% 47%
Disagree 23% 23%
Strongly Disagree 17% 17%
Total 100 100.0%

Explanation The data in the above table describe that 13% of tribal people are strongly agree
that the government has taken sufficient step to introduce local government , 47% respondent
were agree; 23% respondent are disagree and 17% are strongly disagree that the government
has not taken sufficient in tribal districts.

Findings Majority of the respondents give response positively that the government has properly
introduce local government. The minority respondent give response negatively.

27
Q8. The peoples of tribal districts will prefer courts instead of Jirga, to solve their disputes.

Table 12

Scaling Frequency Percent

Strongly Agree 11% 11%
Agree 42% 42%
Disagree 38% 38%
Strongly Disagree 09% 09%
Total 100 100.0%

Explanation The data in the above table describe that 11% of tribal people are strongly agree
that the will prefer courts instead 0f Jirga system, 42% respondent were agree; 38% respondent
are disagree and 09% are strongly disagree in tribal districts.

Findings Majority of the respondents give response positively that the people of tribal districts
will prefer towards court instead of Jirga or panchayat system. The minority respondent give
response negatively.

28
Q9. The all FATA khasadar force which has been merged with the police of kpk are
familiar with investigation procedure and power of police under crpc.

Table 13

Scaling Frequency Percent

Strongly Agree 2% 2%
Agree 7% 7%
Disagree 46% 46%
Strongly Disagree 45% 45%
Total 100 100.0%

Explanation The data in the above table describe that 2% of respondents are strongly agree ,
7% respondent were agree; 46% respondent are disagree and 45% are strongly disagree in
tribal districts.

Findings Majority of the respondents give response negatively that the khasadar and levies are
not aware of the investigation procedure under crpc. The minority respondent give response
positively.

29
Chapter V

SUMMARY

5.1 SUMMARY

In this to investigate the problems of tribal people after merger of fata and to find out the
suggestions for the improvement. The majority respondent were agree with merger of Fata with
Khyber Pakhtunkhwa. The majority people were disagreed that tribal people are familiar with
legal system of Pakistan. The majority respondents were unaware of their fundamental rights.
The majority respondents disagreed that there are enough courts in tribal districts for settlement
of disputes. The respondents complained that government has do nothing for people’s awareness
about legal system of Pakistan. The respondent disagreed that there are enough police officers to
investigate crimes and they responded negatively when we asked that whither the khasaddar
force and levies (which have been merged with KPK police) knows the investigation procedure.

5.2 CONCLUSION

From the findings, it can be concluded that the government has no effective role in the tribal
districts yet. Government has not taken sufficient steps which were required. Majority people of
fata are unaware of legal system of Pakistan, they are unfamiliar with their fundamental rights.

There is lake of court in tribal districts. There are not enough police officers to investigate
offences, the existing police officers which has been merged from levy and khasadar force are
ignorant with police order 2002 and duties of police under CrPc. They don’t know the procedure
of investigation.

However it can be concluded that:

 The approach of government towards tribal district is not appreciable because the role of
government in mainstreaming it, is not enough.
 There are neither enough courts to settle disputes nor enough police to investigate crimes
in tribal districts.
 The majority people are unaware of law, and their fundamental rights.

30
  The Jirga system is still in influence there.

5.3 RECOMMENDATIONS

The government should established awareness schools to familiar people of tribal districts;
problems of the such peoples may have noted and reported solved by giving them training,
workshops, seminars, and conferences etc., as this is the effective way to improve performance
of awareness.

The government should established district and session courts in each and every districts and
civil and magistrate’s courts in ever tehsil of EX-FATA.

The government should appoint as many police as possible to investigate crimes.

The government should train levies which has been merged with police because they don’t know
anything about police order 2002 and investigation process.

People may choose Jirgas to solve their disputes instead of courts and in this day and age Jirgas
are only the source of making money and the Jirga’s elders decides cases in favor of those who
give the extra money for this purpose, this may create disturbance in the region. So to avoid this
kind of threat government should ban the Jirga system and promote legal system. But to achieve
this goal the government must strengthen the court system in EX-FATA.

5.4 SUGGESTIONS

It is pertinent to mention that these suggestions are partly based on the views of the respondents
that were collected during data collection and partly on the researchers own perception from data
analyzed.

 The government shall aware the with the legal system and with their fundamental rights
 There should be proper courts to solve disputes.
 The pending cases under FCR should be decided quickly.
 The cases decided under FCR must be reconsider by government.

31
Our own suggestions about merger of FATA and legal challenges

 There should be law colleges in every district of EX-FATA, so tribal student would be
able to take admission easily and to learn law and to become lawyer. This will be better
in favor of tribal people because they would easily approach to the lawyer of their own
tribes.
 The government must give preference to tribal districts instead of other provinces area.
 The government should made judicial complex to solve the problems quickly and give
immediate relief to the peoples of tribal districts.
 Pakistan’s justice system is very expensive as compared to Jirga system. The people of
tribal district are poor and cannot afford such expenses. They might access Jirga instead
of court so the government should take sufficient steps in this regard.

32
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