Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Thursday said that jirga system was against fundamental human rights and recommended that its scope be limited to civil cases only.
The top judge make these remarks while hearing a case against vani and swara, the system under which girls are married against their will to settle murder and other disputes.
Justice Ijazul Ahsan remarked, “Khyber Pakhtunkhwa and Balochistan have the highest number of jirgas.”
The chief justice observed that jirgas and panchayats could not have the legal authority to give girls in vani or announce capital punishment.
“Jirgas and panchayats can deal with minor civil cases only. If they are approached for the purpose then that will be fine,” Justice Nisar said.
“Some people take their disputes to Jamaatud Dawa, which then imposes heavy fines. This is illegal,” the top judge warned.
The chief justice remarked that he would ask the government to draft a law and send it to parliament for approval, as it has the authority to approve or reject laws.
He also asked the additional advocate general if provinces had made any laws banning the jirga system.
The additional advocate general said that the Sindh High Court had already declared the jirga system illegal.
Published in Daily Times, August 31st 2018.
