THE CONSTITUTIONAL RIGHTS OF THE PEOPLE OF THE FEDERALLY ADMINISTERED TRIBAL AREA (FATA): THEIR ENFORCEMENT & CONSTITUTIONAL REMEDIES AND THE ROLE OF FCR

Abstract

This work sheds lights on some important aspects of one of the chapters of the Pakistani Constitution comprising of “fundamental rights”. It then, gives chronological and analytical study of the administration of justice in Pakistan in respect of the people of the Federally Administered Tribal Areas (FATA) of Pakistan. The work deals also with a significant issue that is the jurisdiction of the Apex Courts over the FATA. In this regard the work puts its entire stress upon constitutional rights of the people of the FATA alone. In doing so, the writer necessitates to give a brief introduction to the FATA, its distinctions in the legal system of Pakistan as contrast to the other parts of the country and whether those contrasts may or may not be justified in the present era of democracy and Human rights? The work, however, for providing solid propositions on such an important issue, discusses, though briefly, the international instruments on Human rights as well as the case-law from the superior courts of Pakistan in order to elaborate the true sense of the legal points and explore their reasonable and jurisprudential meanings, so that it may help in determining the status of the FATA rather equate it with that of the all other parts of the country as the underlying principles of the Constitutional law and Human rights law require so.