PHC waits for notification on regular courts extension to tribal districts

PESHAWAR: The Peshawar High Court (PHC) is still awaiting notification of Khyber Pakhtunkhwa government about the extension of regular courts to the tribal districts.

A communiqué issued by the PHC said the high court has completed its homework and is ready for extension of regular courts to tribal districts for safeguarding the constitutionally guaranteed rights of the people of these districts. “The PHC is now waiting for the necessary notifications of provincial government to declare these 7 new districts as Session Divisions and create/sanction the required posts,” it said.

It was further stated that Supreme Court of Pakistan in Human Rights case no. 70788-/2018 in the matter regarding required system in tribal areas after 25th Constitutional Amendment has taken notice of this situation and the provincial government amongst others were given notices.

It is highlighted that Peshawar High Court has recently declared the Fata Interim Governance Regulation 2018 as ultra vires of the Constitution and had set a deadline of 30 days for establishment of regular courts in the erstwhile Fata, in a writ petition.

“Being cognizant of the pivotal role of the judiciary in the administration of justice, Peshawar High Court and Khyber Pakhtunkhwa Judicial Academy started spadework beforehand while the Fata reforms and its merger with Khyber Pakhtunkhwa was being contemplated by the governmental circles,” it said.

It was stated that in July this year, Peshawar High Court had moved a summary to the Chief Minister Khyber Pakhtunkhwa, seeking notification for the establishment of Session Courts and Courts of Senior Civil Judge in the newly created districts after merger of Fata.

The high court said necessary arrangements should be carried out by the government at the earliest so that this state of uncertainty could be removed.