May 15, 2023
By Maryam Missal
LAHORE
During the hearing, it was brought to Justice Salahuddin Panhwar’s attention that despite judgments passed by the SHC in the cases of Rehmat Bibi and another vs. SHO, Karan Sharif, and Wadero Mohabat Khan Khoso vs. The State, the custom of holding jirgas to arbitrate on disputes is continuing in the upper part of Sindh.
Justice Panhwar in reference to previous rulings gave the order that, if any jirga was held in any region of Sindh, the SSPs and SHOs involved would be subject to criminal prosecution as well as departmental processes, the Justice further instructed IGP to ensure compliance with past rulings prohibiting the practice.
The bench added that district and session judges had already been given instructions to follow these rulings. In order to prevent the illegal practice of jirgas from continuing in any part of the province, they must also ensure that the relevant magistrates are qualified to issue notifications to the SSPs and SHOs concerned.
SC rules jirgas unlawful
ADR was introduced to increase the accessibility of civilians to the law and to put an end to the unlawful practices of jirga tribunals. Despite the presence of alternative courses to justice, the jirga system in Pakistan has yet to be formalized or completely dismantled.