(Published in Dawn on June 12, 2011)

APPARENTLY, there is no link between winning a war against a formidable opponent and honest working of the judiciary.

However, a cross-examination shows the important role an honest judicial system can play in the development of a society by eliminating all social evils from it and by providing it potential to grow economically, politically and militarily.

Our judicial system has recently been freed from political and dictatorial pressures, hence in its infancy. This change has morally compelled the apex court to remain pretty serious about changing outdated traditions of undue delay in socially important cases and giving a quick justice. Still, lower courts, which have direct dealing with the aggrieved lot, lack such motivation and determination.

Sadly, no strict actions are frequently taken against corrupt judicial officers and lethargic judges except delaying their
promotions and reprimanding them.

These delays leave heaps of pending cases which results in development of a sense of insecurity among the people who cannot afford to wait for several years for a verdict, thus belief in extra-judicial patch-ups through jirgas increases.

Jirgas conducted by influential chiefs and political figures are common in our rural culture. Their presence can be attributed to the fact that they give a quicker justice to the people than do courts and that the influence/fear of chieftains involved in settling a matter plays an important part in restraining quarreling groups.

Besides, jirga also decides on matters of karo-kari, murders, thefts, robberies and countless other issues, including disputes over property, land-grabbing, marriage and divorce.

Although jirgas have been banned by the apex court, they still exist in rural areas. Their presence does not only constitute a parallel judicial system but they are also a challenge for the judicial setup.

It is believed by educated Pakistanis that jirgas are biased in their decisions which is, of course, true to some extent. But the people chained in tribal fetters are left with no option in the absence of a strong judiciary other than accepting jirgas for
settling their problems.

According to the Transparency International report 2010: “Bribery paid in the judiciary is 26 per cent of total bribery in Pakistan, making it second most corrupt institution in the country after Customs.”

Jirgas would have lost their credibility had our courts been transparent in their dealings. It is time our judiciary took stern action against this menace in its rank and file or the existence of a parallel judicial system like jirgas will not only survive but also continue to be embedded even deeper in our culture.

We can learn from examples of the judicial system under orthodox caliphs of Islam where a qazi was the most pious, the most responsible and the most trustworthy among the Muslims.

SAHITO ZAHEER
Sukkur