Abstract:
The 25th constitutional amendment in 2020 marked a significant transformation
in Pakistan's legal landscape by merging seven districts into the province of Khyber
Pakhtunkhwa (KPK). With this merger, the former justice system underwent a transition
into the conventional legal framework, accompanied by the introduction of the Alternate
Dispute Resolution Act 2020. However, three years after this transformative shift,
accessing justice in these newly merged districts has emerged as a formidable challenge
due to pervasive ambiguity and vagueness within the justice system. This thesis delves
into the complexities and challenges arising from the coexistence of the prior and
contemporary justice systems within these merged districts. It critically analyzes the
impediments faced by individuals seeking justice, highlighting the need for
comprehensive reform to streamline and clarify the legal processes. Throughout this
research, a range of recommendations has been formulated, addressing key stakeholders
including the Government of Khyber Pakhtunkhwa, judicial institutions, and the
inhabitants of these merged districts. These recommendations are aimed at fostering a
more accessible and transparent justice system, ensuring justice is not only available to
all but is also delivered in a timely manner. As Pakistan continues to grapple with the
intricacies of integrating diverse legal frameworks, this thesis serves as a timely and
essential resource, offering a roadmap towards the realization of the fundamental
principles of justice for all and justice immediately, thereby fostering a fair and equitable
society.
