Justice system in FATA

The traditional Justice system in FATA is comprised of "JARGA" . Jarga is actually the jury and its operation mostly voluntary. The jarga members who have to make a decision are mostly called "WAKDARAN" with little dialect changes in various parts of FATA. Traditionally, before the British impact on the area the Jarga members were considered the wisest of all the people, and were selected on consensus of the conflicting parties. Even now when some conflict arises, both of the parties give "Wak" to the Jarga members and if any party does not accept the decision of the Jarga , the Jarga is authorised to impose any punishment or compensation over the non cooperative party. The punishment is mostly financial and mostly it is taken as security in advance in shape of weapons, mostly guns(Topak) of any type. The Jarga members are mostly from various subtribes to ensure the transparancy in the process of decision making. After the establishment of British rule over the area the Political Agent( The administrative officer, with King like powers) had started his role in delivery of justice. He is the executive as well as judiciary, and his verdict is final according to FCR. FCR(Frontier crimes Regulation) is a law made by British rulers to control the tribal people. The most famous of the FCR is 40 FCR according to which controling of crimes is the collective responsibility of all the tribe and if some crime has taken place in the area of any tribe, any member of that tribe including the minors could be arrested and kept in Jail for as long as the authorities wish.
The FCR has brought many curses to the society, the love of absolute power being the most nasty. this law prohibits the people to speak against any action of the government and they can not take part in any political movement which can bring a change to the situation. The stignancy in the system played a big role in creating militancy in Tribal areas. Most people who have ranks in militants belong to the ignored and low socio economic class. These people are just taking revenge of their sufferings from all the society. The militants when started their operation in FATA simultaneously started a system of conflict resolution, whereby they resolved some very longstanding conflicts and nobody could reject the decision of Taliban. When the military started operation against taliban, they left the process of decision making among the people and now the people are thinking of returning to the old system of dispute resolution through Jarga.