Daily Times

Sir: A landmark judgment by the Sindh High Court on April 23, 2004, declared the jirga system in Sindh unlawful, illegal, and against the provisions of the Constitution and law of the land. The police are now duty-bound to take appropriate action to prevent holding of jirgas within their jurisdictions, but they have so far failed to implement this law.

In the last three months, 127 jirgas have been held in upper Sindh alone. Most of them have been held in government-owned circuit houses with official patronage and protocol. The system is sustained with the blessings of the local police and civil administration that are happy if the crimes are not recorded. Feudal lords, politicians, police, bureaucracy and parliamentarians, all join hands to keep the jirga system alive and flourishing. Difficulty in access to a formal justice system, partial role of the police, comparative absence of cheap and swift justice, a huge backlog of pending cases in courts, dearth of judges and a lack of will to legislate against the menace are some of the reasons for the sustenance of the jirga system. This parallel judicial system has strengthened feudalism and depoliticised society. A myth that it is cost-effective, less time-consuming and easily accessible is false and misleading. It has rather increased tribal feuds in Sindh. In order to root out this age-old tribal tradition, political parties must take a clear-cut position and make serious attempts to ensure that disputes are settled in accordance with the statutory laws.

The lower judiciary needs to be reformed and measures considered to restore people’s confidence in the existing judicial system so that people in search of redress do not feel the need to approach jirgas. The government must frame, amend and implement constitutional provisions and penal laws to oust the illegal practice of jirgas. Civil society must come forward and make people aware of the fact that the jirga system is illegal, unconstitutional, feudalistic, and unjustifiable, having no legal value at all.

DIN MUHAMMAD SHAIKHaa
Shikarpur